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Article • August 20, 2018 • from CLN September, 2018
Filed under: Limitations, Habeas Corpus
Fifth Circuit Affirms Habeas Relief Granted to Louisiana Prisoner Who Overcame SOL by ‘Credible Showing of Actual Innocence’ by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Fifth Circuit upheld a federal district court’s ruling that a Louisiana man who has served over 35 years …
Article • August 20, 2018 • from CLN September, 2018
Minneapolis Police Used EMS Staff to Drug Certain Suspects, Report Says by Betty Nelander by Betty Nelander A City of Minneapolis investigation has revealed that some people who were suspected of crimes were drugged by medical responders with a powerful anesthetic at the request of local police. The drugging requests …
Article • August 20, 2018 • from CLN September, 2018
U.S. Supreme Court: Drivers of Rental Cars Not on Rental Agreement Have Expectation of Privacy by Dale Chappell by Dale Chappell The U.S. Supreme Court held that a driver of a rental car who is not listed as an authorized driver on the rental agreement still had an expectation of …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Criminal Prosecution
Seventh Circuit: ‘Force’ for Aggravated Sexual Abuse Requires ‘Physical Force,’ Not Psychological Coercion by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit reversed the denial of a prisoner’s § 2255 claim of ineffective assistance of counsel, rendering the prisoner’s conviction on charges of …
Article • August 20, 2018 • from CLN September, 2018
U.S. Supreme Court’s Carpenter Decision a Warning to Police on Warrantless Data Searches by Derek Gilna by Derek Gilna The United States Supreme Court’s 2018 decision in the Carpenter case, which set aside a criminal conviction based upon warrantless extended collection of cellphone location data on Fourth Amendment grounds, came …
Article • August 20, 2018 • from CLN September, 2018
Washington Supreme Court Clarifies Process by Which Insanity Acquittees May Petition for Release by Christopher Zoukis by Christopher Zoukis The Supreme Court of Washington clarified the procedures for an insanity acquittee seeking to obtain conditional release from commitment. The March 8, 2018, opinion held that such detainees may petition the …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Juries, Death Penalty
SCOTUS’ Unanimous Death-Penalty Jury Verdict Decision Affecting Florida Cases by Derek Gilna by Derek Gilna The effects of the January 2016 United States Supreme Court decision in Hurst v. Florida, 136 S. Ct. 6161 (2016), which overturned Florida’s prior law permitting non-unanimous jury verdicts in death penalty cases, continues to …
Article • August 20, 2018 • from CLN September, 2018
New Kansas Law Compensates Those Wrongfully Convicted by Dale Chappell by Dale Chappell Kansas has become the thirty-third state to offer compensation to those who were wrongfully convicted. The new law signed by Gov. Jeff Colyer allows exonerees to be paid $65,000 for each year that they wrongfully spent in …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Defenses, Juries
Georgia Defense Attorney Wins Another ‘Jury-Nullification’ Case by Derek Gilna by Derek Gilna Catherine Bernard, a former public defender in Laurens County, Georgia, who now practices criminal defense, won yet another “not-guilty” jury verdict in a marijuana possession trial on July 12, 2018, by utilizing a modified “jury nullification” approach. …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Guilty Pleas
New Jersey Appellate Division Extends Urbina Self-Defense Rule to Defense of Others in Plea Allocution by David Reutter by David Reutter The Superior Court of New Jersey Appellate Division held that a defendant was entitled to post-conviction relief (“PCR”) based on his claim that his guilty plea was involuntary due …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Double jeopardy
Virginia Supreme Court Holds Convictions for Common Law and Statutory Involuntary Manslaughter Violate Double Jeopardy Clause by Dale Chappell by Dale Chappell The Supreme Court of Appeals for Virginia held that convictions for both common law and statutory involuntary manslaughter for the same offense violated the Double Jeopardy Clause and …
Article • August 20, 2018 • from CLN September, 2018
Cato Institute: Require Cops to Carry Liability Insurance by Christopher Zoukis by Christopher Zoukis Clark Neily, vice president for criminal justice at the Cato Institute, made an unusual proposal in a recent op-ed piece in The New York Daily News: require all police officers to carry not just a gun, …
Article • August 20, 2018 • from CLN September, 2018
SCOTUS Issues Landmark Fourth Amendment and Digital Privacy Opinion in Carpenter by As modern day technology continues to test the limits of many long-held constitutional precepts, the question before the Court in this case was whether the Government conducts a “search” under the Fourth Amendment when it accesses historical cell …
Article • August 20, 2018 • from CLN September, 2018
Eighth Circuit Rules Officer’s Inability to Read Temporary Vehicle Tag Does Not Justify Traffic Stop, Evidence Obtained Must be Suppressed by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that evidence obtained during a traffic stop that was …
Article • August 20, 2018 • from CLN September, 2018
First Circuit Holds Appeal Not Barred by Plea Agreement Waiver Provision When Sentence Exceeds Agreement by David Reutter by David Reutter The United States Court of Appeals for the First Circuit held a plea agreement’s appellate waiver provision did not bar an appeal where the district court imposed a home …
New York City Decriminalizes Some Public Smoking of Marijuana in Policy Shift by Derek Gilna by Derek Gilna New York City Mayor Bill de Blasio announced that as of September 1, 2018, the New York Police Department will no longer arrest individuals for the public smoking of marijuana in some …
Article • August 20, 2018 • from CLN September, 2018
Can Cops Shoot a Fleeing Suspect in the Back? by Dale Chappell by Dale Chappell Decades ago, it was acceptable, even laudable, for a cop to shoot an unarmed fleeing suspect in the back. That opinion, however, has changed over the years, but rarely does such an incident result in …
Article • August 20, 2018 • from CLN September, 2018
Texas Courts Rubber Stamp Post-Conviction Fact Findings in Death Penalty Cases, Study Says by Matthew Clarke by Matt Clarke A study by researchers from the University of Texas School of Law Capital Punishment Center published in the Houston Law Review found that in 96 percent of post-conviction proceedings in cases …
Article • August 20, 2018 • from CLN September, 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 • August 17, 2018 • from CLN September, 2018
Hawaii Supreme Court Vacates Conviction Due to Prosecutor’s Bogus Argument Attacking Defense Counsel by Matthew Clarke by Matt Clarke On May 21, 2018, the Supreme Court of Hawaii held that a prosecutor’s improper closing argument stating that defense counsel tried to get the complaining witness to commit perjury required that …
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