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Article • September 23, 2018 • from CLN October, 2018
Filed under: Appeals, Sentencing
10th Circuit: Oklahoma’s Second-Degree Burglary Not an ACCA Qualifying Offense by David Reutter by David Reutter The Tenth Circuit Court of Appeals held convictions for burglary under Oklahoma law do not qualify as violent felonies for sentence enhancement under the federal Armed Career Criminal Act (“ACCA”). Raymond Hamilton was convicted …
Article • September 20, 2018 • from CLN October, 2018
New Jersey Supreme Court Holds 2014 Amendment to Megan’s Law Violates Ex Post Facto Clause by Dale Chappell by Dale Chappell The Supreme Court of New Jersey held that a 2014 amendment to the Violent Predator Incapacitation Act (“VPIA”), part of Megan’s Law, which applied to defendants who had violated …
Article • September 20, 2018 • from CLN October, 2018
California Court of Appeal Holds Box Cutter Not ‘Inherently’ Deadly Weapon by Dale Chappell by Dale Chappell A box cutter is a type of knife “designed to cut things and not people,” and was therefore not “inherently” a deadly weapon as a matter of law, the Court of Appeal of …
Article • September 20, 2018 • from CLN October, 2018
Filed under: Appeals
Kentucky Supreme Court Overrules Flawed Brindley Opinion and Announces Commonwealth Cannot Appeal Judgment of Acquittal by Dale Chappell by Dale Chappell The Supreme Court of Kentucky held that the Commonwealth cannot appeal from a judgment of acquittal in a criminal case after a jury’s guilty verdict, interpreting the Kentucky Constitution …
Article • September 20, 2018 • from CLN October, 2018
Eight Death Row Prisoners Opt for Untested Nitrogen Gas Over Inhumane Lethal Injection by Betty Nelander by Betty Nelander A decision by Alabama lawmakers means that death row prisoners in the state could face execution by nitrogen hypoxia instead of barbaric lethal injection. The decision renders moot a lawsuit by …
Article • September 20, 2018 • from CLN October, 2018
Prosecutors Use Their Power to Help Reform Criminal Justice by Prosecutors are using their power to reach beyond the courtroom to reform the country’s prison crisis and usually much more effectively and efficiently than lawmakers could do. Last fall, Philadelphia District Attorney Larry Krasner began working to reverse prosecutorial practices …
Article • September 20, 2018 • from CLN October, 2018
Filed under: Wrongful Conviction
Iowa Supreme Court Announces Actual Innocence Claim Is Freestanding Claim That Can Be Made Even After Guilty Plea by Dale Chappell by Dale Chappell The Supreme Court of Iowa adopted and announced a new rule that characterizes claims of actual innocence as freestanding claims under Iowa’s postconviction-relief statute, regardless of …
Article • September 20, 2018 • from CLN October, 2018
NY Court of Appeals Holds Trial Court’s Failure to Advise Defense of Jury Note Contents Constitutes Reversible Error by Dale Chappell by Dale Chappell The Court of Appeals of New York held that a trial court’s failure to make the defendant aware of the content of notes by the jury …
Article • September 20, 2018 • from CLN October, 2018
Insurance, Courts Protect Cops from Liability by Dale Chappell by Dale Chappell Lots of lawsuits get filed against law enforcement, but very few result in a payout. Police have an ever-growing shield called “qualified immunity” and decades of court decisions to hide behind. And even when there is a payout, …
Article • September 20, 2018 • from CLN October, 2018
The Broad Reach of Carpenter v. United States by Paul Ohm "The Broad Reach of Carpenter v. United States" by Paul Ohm was originally published June 27, 2018, on Just Security Carpenter v. United States is an inflection point in the history of the Fourth Amendment. From now on, we’ll be …
Article • September 20, 2018 • from CLN October, 2018
Plainclothes Officers, 6 percent of NYC Police Force, Involved in 31 percent of Fatal Police Shootings by Matthew Clarke by Matt Clarke Recently published information shows that plainclothes officers, who make up about 6 percent of the New York Police Department (“NYPD”), are involved in 31 percent of New York …
Article • September 19, 2018
Warning: Integrity of judicial process at risk by Sandy Rozek by Sandy Rozek, NARSOL Testimony from individuals at a sentencing hearing has one primary purpose: to give the court additional information on which to base a sentencing decision. Victim impact statements focus on the harm done, while statements on behalf …
Article • September 18, 2018 • from CLN October, 2018
Filed under: News in Brief
News in Brief by Alabama: The ruthless jailing of poor people who can’t pay minor fines has not gone unnoticed. The Lawyers’ Committee for Civil Rights Under Law filed on Aug. 9, 2018, “a class-action suit representing six named clients and others against Arkansas state District Judge Mark Derrick, accusing …
Article • September 18, 2018 • from CLN October, 2018
From Abuse of the Body to Abuse of the Mind: Police Use Psychologically Coercive Interrogation Techniques to Produce False Confessions by Christopher Zoukis by Christopher Zoukis In mid-1997, Michelle Moore-Bosko was raped and stabbed to death in her Norfolk, Virginia, apartment. Based on a tip from a friend of the …
Article • September 10, 2018
First Circuit Reverses Summary Judgment on Guard’s Disparate Treatment Claim by Mark Wilson by Mark Wilson The United States Court of Appeals for the First Circuit held that a lower court improperly granted Puerto Rican prison officials’ summary judgment on a female guard’s gender discrimination claim. Vilmarie Caraballo-Caraballo was hired …
Article • September 10, 2018
$1.275 million settlement awarded to sheriff whistleblower who testified in federal obstruction case by Edward Lyon by Ed Lyon  Tara Jan Adams was an exceptional deputy in the Los Angeles County Sheriff’s Department ("LASD"). Striving for a patrol officer’s slot, she began her career in the records division, where it …
Article • August 28, 2018
East Pittsburgh Officer Charged in Shooting of Unarmed Teen by Dale Chappell by Dale Chappell An East Pittsburgh Police Officer was charged with criminal homicide June 27 in the shooting death of Antwon Rose Jr., a 17-year-old who ran from police during a traffic stop but was unarmed and posed …
Article • August 28, 2018
The power of sheriffs rooted in U.S. history by Edward Lyon by Ed Lyon Three of the most recognizable and well-known facets of U.S. society originated in England: the language, the writ of habeas corpus and the office of sheriff. The first sheriff in the colonial United States was elected …
Article • August 20, 2018 • from CLN September, 2018
How Coercive Interrogations Can Lead to a False Confession by Brian Leslie by Brian Leslie To discuss coercive interrogation methods, we must first understand the difference between an interrogation and an interview. The primary difference is that an interview is fact-finding, non-accusatory and usually takes place earlier on in an …
Article • August 20, 2018 • from CLN September, 2018
$9 Million Settlement in Baltimore Wrongful Conviction Case by Christopher Zoukis by Christopher Zoukis Baltimore officials agreed in May 2018 to settle a claim of wrongful conviction brought by a man who spent more than 20 years in prison for a murder he didn’t commit. The city agreed to pay …
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