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Article • September 24, 2018 • from CLN October, 2018
Filed under: Statistics/Trends
Louisiana Sheriffs’ Association Backpedals on Its Pre-Trial Detainee Figures by Derek Gilna by Derek Gilna The Louisiana Sheriffs’ Association was forced to backtrack from an April 19, 2018, statement that Louisiana jails hold about 1,300 individuals in jail over four years without standing trial and 70 for more than five …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Criminal Prosecution
Idaho Supreme Court Rules Dead-Body Reporting Statute Unconstitutional As Applied to Defendant by Richard Resch by Richard Resch The Supreme Court of Idaho held that prosecution of the defendant under a state statute that imposes a duty on anyone who discovers or has custody of a body to promptly notify …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Death Penalty, Death Row
Federal Judge Extends Stay of Executions in Louisiana by Betty Nelander by Betty Nelander Louisiana’s 71 death-row prisoners are in limbo after a federal judge in that state ordered that a stay of executions be extended at least until July 18, 2019. The order by U.S. District Judge Shelly Dick …
Article • September 24, 2018 • from CLN October, 2018
Houston Forces Parolees out of City Under New Rule by A new ordinance passed by the Houston, Texas, city council requiring housing for parolees to be at least 1,000 feet from any park, school, day care, or other re-entry housing has effectively pushed parolees outside the city. When asked for …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Criminal Prosecution
From the Big Box to the Big House: Walmart Helps Tennessee Prosecutors Felonize Shoplifting by Matthew Clarke by Matt Clarke Across the country, retailers’ associations are lobbying legislatures to stiffen the punishment for retail theft, allegedly to prevent “organized retail crime,” a fuzzy term often used to describe repeated shoplifting. …
Article • September 24, 2018 • from CLN October, 2018
Iowa Supreme Court Announces Greater Privacy Protections Under State Constitution for Impounded Vehicles Than Provided by Fourth Amendment by Richard Resch by Richard Resch The Supreme Court of Iowa announced a stricter legal framework for warrantless inventory searches and seizures of vehicles being impounded under the Iowa Constitution than required …
New York, Faced With Millions in Payouts for Prosecutorial Misconduct, Becomes First State to Create Oversight Commission by Derek Gilna by Derek Gilna New York Governor Mario Cuomo has signed a bill that many hope will rein in prosecutorial misconduct. New York, with 250 exonerations since 1989, has paid out …
Article • September 24, 2018 • from CLN October, 2018
Fired Director of New York’s Criminal Forensic Science Division Alleges ‘Catastrophic’ DNA Errors by Christopher Zoukis by Christopher Zoukis The former director of forensic science at the New York Department of Criminal Justice Services (“DCJS”) said the Office of Forensic Science (“OFS”) made three “catastrophic” DNA identification errors and falsified …
Article • September 23, 2018 • from CLN October, 2018
Many Sheriffs Tempted by Lack of Oversight or Fiscal Accountability by Matthew Clarke by Matt Clarke It is a perfect storm of temptation. Many sheriffs in America have little oversight, independent sources of revenue with little fiscal accountability, low salaries, and a lot of power. This leads some of them …
Article • September 23, 2018 • from CLN October, 2018
11th Circuit Rules Immigration Judges are United States Judges for Purposes of 18 U.S.C. § 115(a)(1)(B) by David Reutter by David Reutter In an issue of first impression nationally, the U.S. Court of Appeals for the Eleventh Circuit held that an immigration judge is a “United States judge” within the …
Article • September 23, 2018 • from CLN October, 2018
Filed under: Police Misconduct, Police
Study Indicates Link Between Officer Fatigue and Public Complaints by Betty Nelander by Betty Nelander Nighttime police encounters tend to be more unsettling than those that occur during the day, a new study confirms. Public complaints against cops rise when they work the night shift, a time when they are …
Article • September 23, 2018 • from CLN October, 2018
Filed under: DNA Testing/Samples
ACLU Questions Trade Secrets Protecting DNA Testing Algorithms by Dale Chappell by Dale Chappell DNA testing can be flawed, often in complex ways. However, courts have held that a defendant fighting for his life in court cannot verify if the DNA being used against him was properly tested, because this …
Article • September 23, 2018 • from CLN October, 2018
$28.1 Million Jury Verdict for Wrongful Convictions Upheld by 8th Circuit by Kevin Bliss by Kevin Bliss The U.S. Court of Appeals for the Eighth Circuit affirmed a jury’s verdict that awarded six wrongfully convicted individuals approximately $28.1 million in connection with their 42 U.S.C. § 1983 claims and parallel …
Eric Schneiderman Pushed Laws Opposing Abuse of Women as He Stands Accused of Abusing Them Himself by Steve Horn by Steve Horn Eric Schneiderman, who resigned as New York’s Attorney General May 8, had a record of supporting legislation and criminal law enforcement to protect women from sexual abuse. However, …
Article • September 23, 2018 • from CLN October, 2018
Filed under: Police Misconduct
Archaic Disciplinary System Allows Chicago Police to Delay Punishment by David Reutter by David Reutter The Chicago Police Department (“CPD”) has endured criticism for officer misconduct. An investigation by ProPublica Illinois and the Chicago Tribune found that the city’s archaic system for disciplining officers allows it to avoid or long …
Article • September 23, 2018 • from CLN October, 2018
Kentucky Supreme Court Tosses Evidence Holding Dog Sniff of Nervous Driver with Prior Drug Charges was Unreasonable by Dale Chappell by Dale Chappell The Supreme Court of Kentucky held that a drug-dog sniff based on the nervousness of the driver who had prior drug charges (but not convictions) was an …
Article • September 23, 2018 • from CLN October, 2018
New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms by Christopher Zoukis by Christopher Zoukis Newly appointed New Jersey Attorney General Gurbir Grewal has directed his prosecutors to take over an investigation into the 1993 murder conviction of two men who might be innocent. He also formed a …
Article • September 23, 2018 • from CLN October, 2018
Filed under: Evidentiary Ruling
Seventh Circuit Affirms Order Granting New Trial Due to Newly Discovered Evidence by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit affirmed a district court’s ruling that a criminal defendant should get a new trial because an audio recording that was favorable and …
Article • September 23, 2018 • from CLN October, 2018
Filed under: Jury Instructions
Texas Court of Criminal Appeals Holds Sua Sponte Jury Instruction on Self-Defense Also Applies to Lesser-Included Charges by Dale Chappell by Dale Chappell A sua sponte jury instruction on self-defense for a murder charge applied equally to the lesser-included charge, and a judge’s failure to inform the jury that it …
Article • September 23, 2018 • from CLN October, 2018
NY Court of Appeals Affirms Dismissal of DWI for Improper Breathalyzer Refusal Warning by Dale Chappell by Dale Chappell The Court of Appeals of New York found that a driver’s eventual consent to a breathalyzer test was “coerced” and involuntary after police waited more than two hours to ask him …
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