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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 …
Article • October 31, 2018 • from CLN November, 2018
$3 Million Federal Court Settlement: Philadelphia Agrees to End Civil Forfeiture by Derek Gilna by Derek Gilna A federal civil rights suit alleging massive abuse of Philadelphia’s civil asset forfeiture program was settled in September 2018 for $3 million, which will be distributed to individuals it victimized. The settlement resolved …
The Power of the Prosecutor: A Personal Account by Ashley Sawyer by Ashley Sawyer, Campaign for Smart Justice Consultant, ACLU of Vermont Have you ever watched an episode of “Law & Order”? The creators do an amazing job of dramatizing the court process. The characters playing the prosecutors are always …
Article • October 31, 2018 • from CLN November, 2018
Retaliation a Risk When Video Recording Police Brutality by Kevin Bliss by Kevin Bliss With current technology, filming incidents of police brutality has become more common, yet many of those responsible for capturing events on film claim retaliation by the same police they film. Kevin Moore was filming the day …
Article • October 31, 2018 • from CLN November, 2018
Filed under: Police Misconduct, Police
How to File a Police Complaint by Kevin Bliss by Kevin Bliss The “resist tyranny” website Rons Spot (ronsspot.org) published a detailed report, complete with possible scenarios and advice, on how to file a complaint against a police officer. The article states that a complaint is not a lawsuit; it …
Article • October 31, 2018 • from CLN November, 2018
Kansas Supreme Court Holds Prosecutor’s Blatant Lies to Jury During Closing Argument Constituted Prosecutorial Misconduct Requiring Reversal of Murder Convictions by Dale Chappell by Dale Chappell A prosecutor’s lies amounted to prosecutorial misconduct requiring a new murder trial, the Supreme Court of Kansas held in a lengthy opinion exposing at …
Article • October 31, 2018 • from CLN November, 2018
U.S. Customs and Border Protection’s New Fuzzy Math Clearly Results in Inflated Assault Figures by Christopher Zoukis by Christopher Zoukis On February 14, 2017, seven U.S. Border Patrol Agents were involved in an altercation with six subjects and three projectiles (rocks, bottles, and tree branches). How many assaults occurred? According …
Article • October 31, 2018 • from CLN November, 2018
Filed under: Bail, Money/Property, Bail Bonds
Federal Judge Orders Accused Hacker to Post Bail in Bitcoin or Other Cryptocurrency by Derek Gilna by Derek Gilna Martin Marsich, a 25-year-old foreign national, was arrested on August 8, 2018, for hacking into Electronic Arts Company’s internal computer network and gaining access to approximately 25,000 customer accounts that are …
Article • October 31, 2018 • from CLN November, 2018
Filed under: Civil Procedure, Appeals
Maryland Court of Appeals Announces Proper Procedure for In Banc Review by Dale Chappell by Dale Chappell In a case where in banc review was improperly granted to review a circuit court’s ruling, the Court of Appeals of Maryland took the opportunity to clarify when in banc review can be …
Article • October 31, 2018 • from CLN November, 2018
Do Las Vegas Prosecutors Routinely Ignore Discovery Disclosure Requirements? by Matthew Clarke by Matt Clarke Attorneys for the Office of the Clark County (Nevada) Public Defender say prosecutors routinely violate state and federal laws governing the sharing of information known as “discovery.” They claim the situation is so grave that …
Article • October 31, 2018 • from CLN November, 2018
Fourth Circuit Affirms Ruling That Diagnosis of Intellectual Development Disorder Does Not Qualify as ‘Sexually Dangerous Person’ Under Federal Civil Commitment Statute by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Fourth Circuit affirmed a lower court’s ruling that a man civilly committed under 18 U.S.C.S. …
Article • October 31, 2018 • from CLN November, 2018
Second Circuit Rules Police Not Entitled to Qualified Immunity After Failing to Comply With Terms of Material Witness Warrant by Kevin Bliss by Kevin Bliss The U.S. Court of Appeals for the Second Circuit held that the detention of a prospective material witness for 18 hours in a holding cell …
Article • October 31, 2018 • from CLN November, 2018
Will Groundbreaking California Bail Reform Help or Hinder Defendants’ Likelihood of Pre-Trial Release? by Betty Nelander by Betty Nelander Gov. Jerry Brown hailed a sweeping cash bail elimination law in California as landmark, years-in-the-making legislation to fairly treat “rich and poor alike.” Whether it will keep more people out of …
Article • October 31, 2018 • from CLN November, 2018
Filed under: Death Penalty
Tennessee’s Death Penalty Laws Cruel and Arbitrary by Kevin Bliss by Kevin Bliss The Tennessee Journal of Law and Policy (summer 2018) published a review of the state’s arbitrary application of capital punishment. The review focused on all of the first-degree murder cases prosecuted in the last 40 years and …
Massachusetts Supreme Court Holds Seven-Year Delay and Inability to Receive Sex Offender Treatment While Awaiting SDP Trial Violates Due Process by Dale Chappell by Dale Chappell “While substantive due process permits limited confinement after a probable cause determination, it does not permit the Commonwealth to hold an individual indefinitely while …
Article • October 30, 2018
News Probe: California Drug Deputies Target Latino Motorists by Kevin Bliss by Ed Lyon Throughout the United States, the federal government’s law enforcement agencies team up with local law enforcement agencies to form various task forces to monitor high-intensity drug trafficking routes. One such avenue is a stretch of highway …
Article • October 30, 2018
Records Reveal Culture of Disregard Toward Use of Force in Ohio Police Department by Kevin Bliss by Kevin Bliss More than 20,000 use-of-force complaints were filed by civilians against police in the Columbus Police Department between 2001 and 2017, but only 152 were sustained or found in violation of department …
Article • October 29, 2018 • from CLN November, 2018
New Jersey Supreme Court Holds DNA Exception Tolling Statute of Limitations Applies Only to Suspect Directly Identified by DNA by Dale Chappell by Dale Chappell Tolling of the statute of limitations under the DNA statute applies only to the “actor” directly linked to the crime by the DNA, and not …
Article • October 29, 2018 • from CLN November, 2018
Filed under: Criminal Procedure
Texas Supreme Court Interprets State’s Expungement Statute by David Reutter by David Reutter The Supreme Court of Texas held that the state’s expungement statute is “neither entirely arrest-based nor offense-based.” Based upon the facts of this case, it held that the petitioner was entitled to expungement of records and files …
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