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Article • August 15, 2020 • from CLN September, 2020
Seventh Circuit: ‘Especially Compelling Justification’ Required for Same Maximum Sentence on Resentencing by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held on June 19, 2020, that a district court resentencing someone again to the maximum sentence possible and well over double the recommended …
Article • August 15, 2020 • from CLN September, 2020
The Warrior Cop Mindset by Edward Lyon by Ed Lyon Police officers have traditionally been referred to and thought of as keepers of the peace. Most licensing authorities call them peace officers. During the years, monikers like “Blue Knights” and “New Centurions” have been used to characterize police officers. Unfortunately, …
Seventh Circuit: Admissions to Pretrial Services Cannot Be Used to Prove Guilt by Dale Chappell by Dale Chappell In a case of first impression, the U.S. Court of Appeals for the Seventh Circuit held that an accused’s admissions during a pretrial services (“PTS”) interview for bail are confidential and cannot …
Article • August 15, 2020 • from CLN September, 2020
Filed under: Per se ineffectiveness
SCOTUS: Counsel’s Failure to Uncover and Present Evidence in Mitigation at Capital Sentencing Requires Remand for Prejudice Determination by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) remanded Terence Tramaine Andrus’ case to the Texas Court of Criminal Appeals (“TCCA”), directing the TCCA “to address …
Article • August 15, 2020 • from CLN September, 2020
Indiana Supreme Court: Forcing Defendant to Unlock Smartphone Violates Fifth Amendment Right Against Self-Incrimination by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that a defendant cannot be forced to unlock her smartphone because doing so would violate her Fifth Amendment right against self-incrimination. The Court also …
Article • August 15, 2020 • from CLN September, 2020
California Supreme Court: ‘Honest and Upright Life’ Possible While in Custody for Expungement Purposes by Anthony Accurso by Anthony Accurso The Supreme Court of California reversed a judgment of the Court of Appeal by holding that a defendant need not be released from custody in order to demonstrate living an …
Article • August 15, 2020 • from CLN September, 2020
Filed under: News in Brief
News in Brief by Arizona: Mariah Valenzuela has filed legal notices against the city of Phoenix and Maricopa County over Phoenix police officer Michael McGillis’ use of force during a January 16, 2020 traffic stop, abc15.com reports. The officer, driving a white van, stopped Valenzuela for allegedly veering across the …
Article • August 15, 2020 • from CLN September, 2020
Filed under: Protests, Video Cameras
Activists Seek Accountability by Pushing NYC to Make Footage From Traffic Cams Available for Archiving by Douglas Ankney by Douglas Ankney NYC Mesh is a free community owned internet service provider in New York City that is operated by a group of activists. The activists’ new project involves archiving hundreds …
Problems With Predictive Policing by Jayson Hawkins by Jayson Hawkins Phillip K. Dick made the concept of “pre-crime” famous in his novel Minority Report, which described a future where people with “pre-cognitive” abilities could predict a crime and those predictions were used to arrest and convict “offenders.” Without the luxury …
Article • August 15, 2020 • from CLN September, 2020
Third Circuit: District Court Must Personally Address Defendant During Sentencing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit reaffirmed that a district court must personally invite a defendant to allocute at the time of sentencing. A jury convicted Michael Scripps of seven counts …
Article • August 15, 2020 • from CLN September, 2020
Sixth Circuit: Prosecutor’s Improper Comments and Counsel’s Failure to Object Require New Trial by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on May 15, 2020, that a prosecutor’s improper comments to the jury during a murder trial, and counsel’s failure to object …
Seventh Circuit Explains ‘Conduct That is Part of Common Scheme or Plan’ for Sentencing Purposes by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit explained the meaning of conduct that is “part of the same course of conduct or common scheme or plan” when …
Article • August 15, 2020 • from CLN September, 2020
Police Body Cams Are not a Cure-All by Edward Lyon by Ed Lyon George Floyd’s death at the knees of Minneapolis, Minnesota, police was the straw that broke the proverbial camel’s back as far as police brutality. People are fed up with reports of abuse, assault and deaths at the …
Article • August 15, 2020 • from CLN September, 2020
Hawai’i Supreme Court Announces Police Officers May Not Testify That Driver Appeared Intoxicated, Overruling Toyomura by Douglas Ankney by Douglas Ankney On June 30, 2020, the Supreme Court of Hawai’i announced that, going forward, police officers are not permitted to testify in expert or lay capacity that a driver appeared …
Extending the Surveillance State During the Pandemic by Anthony Accurso by Anthony W. Accurso Police departments are using the coronavirus pandemic to expand their use of surveillance tools in the name of public health and safety. Privacy advocates are concerned about the encroachment of the carceral state on civil liberties, …
SCOTUS Announces Large Portion of Oklahoma Remains Tribal Land in Which State Lacks Jurisdiction to Try Native Americans by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”), in a 5-4 decision, ruled in favor of a defendant who argued that the State of Oklahoma (“Oklahoma”) …
Article • August 15, 2020 • from CLN September, 2020
Nationwide Police Misconduct Database Available to Public by Kevin Bliss by Kevin Bliss USA Today, in conjunction with the Chicago-based nonprofit Invisible Institute, has compiled the largest database of instances of police misconduct — and it’s accessible by the public. The database contains disciplinary records for over 85,000 police officers …
Article • August 15, 2020 • from CLN September, 2020
Filed under: Alternative Sentences
California Court of Appeal Holds Canizales Decision Limiting Kill Zone Theory Applies Retroactively by Matthew Clarke by Matt Clarke The Court of Appeal of California, Second Appellate District, held on June 16, 2020, that the California Supreme Court’s decision limiting the kill zone theory in prosecutions for attempted premeditated murder …
Article • August 15, 2020 • from CLN September, 2020
Minn. Supreme Court Announces Rule for Analyzing Out-of-State Convictions for Public Safety Registry Requirement Purposes by Anthony Accurso by Anthony Accurso The Supreme Court of Minnesota reversed a Court of Appeals decision requiring a defendant to register as a predatory offender because proving the elements of the out-of-state conviction does …
Article • August 15, 2020 • from CLN September, 2020
Kentucky Supreme Court: Trial Court’s Ex Parte Discussion With Juror About Offered Bribe Was Structural Error by Douglas Ankney by Douglas Ankney The Supreme Court of Kentucky heldthat a trial court’s ex parte discussion with a juror who was offered a bribe was a structural error because it denied Steven …
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