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Article • November 6, 2018 • from CLN November, 2018
Ohio Governor Commutes Another Death Sentence by Ohio Governor John Kasich commuted another death sentence, his seventh, amid concerns from one of the jurors in the case that prosecutors hid crucial details about the defendant’s horrific upbringing and drug problems that would have swayed that juror to vote against the …
Article • November 6, 2018 • from CLN November, 2018
Nevada Supreme Court Announces Testimony at Probation Revocation Hearing Inadmissible in Later Criminal Proceeding by Dale Chappell by Dale Chappell Announcing a new rule to protect the constitutional rights of criminal defendants who face both probation revocation and new criminal charges, the Nevada Supreme Court held that testimony and evidence …
Article • November 6, 2018 • from CLN November, 2018
Second Circuit Denies NYPD Qualified Immunity for Use of Military-Grade Acoustic Weapon on Peaceful Protesters by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Second Circuit dealt the New York Police Department a blow in its attempt to avoid liability for using an acoustic weapon developed …
Article • November 6, 2018 • from CLN November, 2018
Brooklyn, New York’s Top Prosecutor Opens Door for Expungement of Pot Convictions by Derek Gilna by Derek Gilna Brooklyn District Attorney Eric Gonzalez has announced that he will accept applications from thousands of individuals to erase their low-level marijuana convictions in a program unveiled in September 2018. He said his …
Article • November 6, 2018 • from CLN November, 2018
Filed under: Judicial Misconduct
West Virginia Legislature Impeaches State Supreme Court Justices for Alleged Misconduct by Derek Gilna by Derek Gilna The West Virginia legislature on August 13, 2018, approved 11 articles of impeachment against all West Virginia Supreme Court justices for alleged “wasteful spending, maladministration, incompetency, neglect of duty, and potential criminal behavior,” …
Article • November 6, 2018 • from CLN November, 2018
Filed under: News in Brief
News in Brief by Alabama: Huntsville police officer William Benjamin Darby faces a murder charge in the April 2018 fatal shooting of a mentally ill man. While the officer was cleared by his department, he was indicted by a Madison County grand jury, accused of killing Jeffery Louis Parker at …
First Circuit Vacates Supervised Release Condition Effectively Prohibiting Contact with His Minor Children by Matthew Clarke by Matt Clarke On June 20, 2018, the U.S. Court of Appeals for the First Circuit held that a condition of supervised release prohibiting contact with minors without pre-approval from a probation officer in …
Article • November 1, 2018 • from CLN November, 2018
U.S. Supreme Court: Defendant Sentenced Pursuant to a Rule 11(c)(1)(C) Plea ‘Generally Eligible’ for Sentence Reduction when Guidelines Retroactivity Reduced by Christopher Zoukis by Christopher Zoukis The Supreme Court of the United States, in a 6-3 ruling, cleared up significant confusion in the circuit courts of appeals by ruling that …
Article • November 1, 2018 • from CLN November, 2018
Federal Judge Orders New Orleans Municipal Court System to Reform Money Bail by Derek Gilna by Derek Gilna On August 6, 2018, Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana ordered the New Orleans Municipal Court system to reform its money bond system, …
Article • November 1, 2018 • from CLN November, 2018
Filed under: Attorneys, Appeals
D.C. Circuit Holds Generic Appeal Waiver Does Not Bar IAC Claim During Sentencing by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the D.C. Circuit ruled that a “generic appeal waiver does not affect a defendant’s ability to appeal his sentence on yet-to-arise ineffective-assistance-of-counsel grounds.” An unnamed …
Article • November 1, 2018 • from CLN November, 2018
Ninth Circuit Affirms $4 Million Verdict for Couple Shot by L.A. County Deputies During Warrantless Entry into Their Home by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit upheld a verdict, after remand by the U.S. Supreme Court, awarding $4 million to a couple …
Article • November 1, 2018 • from CLN November, 2018
Civil Libertarians Concerned About Undisclosed FBI Research into Tattoo Recognition Technology by Derek Gilna by Derek Gilna Yet another example of how the judicial and legislative branches are falling behind the curve in protecting American citizens from undisclosed forms of surveillance and classification was revealed in a report by the …
Article • November 1, 2018 • from CLN November, 2018
Filed under: Sentencing
U.S. Supreme Court: Plainly Miscalculated Guidelines Range Requires Appellate Court to Vacate Sentence in the Ordinary Case by Christopher Zoukis by Christopher Zoukis The Supreme Court of the United States ruled that when a district court plainly miscalculates a defendant’s Guidelines range and the mistake affects the defendant’s substantial rights, …
Article • November 1, 2018 • from CLN November, 2018
Filed under: Criminal Prosecution
Indiana Supreme Court Announces Single Act of Resisting Police Bars Multiple Counts, Regardless of Number of Officers Involved or People Killed by David Reutter by David Reutter The Supreme Court of Indiana held that Indiana Code § 35-44.1-3-1 authorizes only one conviction for felony resisting law enforcement where the defendant …
Article • November 1, 2018 • from CLN November, 2018
Filed under: Bail, Money/Property, Bail Bonds
Federal Judge Rules Cullman County, Alabama, Money Bond System Unconstitutional by Derek Gilna by Derek Gilna U.S. District Court Judge Madeline Hughes Haikala issued a preliminary injunction on September 13, 2018, which effectively ends the money bond system of Cullman County, Alabama, finding that it violates the Eighth Amendment, which …
Is a Florida Chief Judge Taking Cues From a Prosecutor? by Jacqueline Azis, Somil Trivedi by Jacqueline Azis, Staff Attorney, ACLU of Florida & Somil Trivedi, Staff Attorney, ACLU Trone Center for Justice and Equality Prosecutors are some of the most powerful elected officials in our country. They decide what …
The Legacy of a Torturer by Joan Parkin Former Chicago police officer Jon Burge tortured black men and got away with it for almost two decades. But his atrocities also spurred a movement — one that scored a major victory against the racist criminal justice system. by Joan Parkin, Jacobin …
Article • November 1, 2018 • from CLN November, 2018
Report: Right to Trial Exists in Name. In Reality, Only 3% of Cases Go to Trial by Steve Horn by Steve Horn The Sixth Amendment to the U.S. Constitution guarantees a right to trial by jury, but a new report documents that in the U.S. criminal justice system, trials have …
Article • November 1, 2018 • from CLN November, 2018
Filed under: Criminal Prosecution
Man Who Lawfully Had Sex with Girlfriend, 17, Could Face Decades in Prison for Taking Sexually Explicit Photos of Her by While age of consent to have sex is 16 in Ohio, it is not the age of consent to take sexy photos of minors in the nude. In fact, …
Article • October 31, 2018 • from CLN November, 2018
Rhode Island Supreme Court Takes on ‘Thorny Issues’ Presented by Sex Offender Registry Laws by Christopher Zoukis by Christopher Zoukis State legislatures across the nation seem unable to stop themselves from tinkering with and upgrading their sex offender registry laws. The Rhode Island Legislature is no exception, and continual changes …
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