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Article • August 15, 2018 • from CLN September, 2018
There’s No Rational Way to Justify America’s Drug Laws by Maia Szalavitz People assume a medical committee sat down to consider which recreational drugs were the safest and least addictive, and this wise group decided alcohol and tobacco should be legal, while marijuana and everything else shouldn’t. That’s not what …
Article • August 15, 2018 • from CLN September, 2018
Filed under: News in Brief
News in Brief by California: If Senate Bill (SB) 439 successfully winds its way through the California Legislature, the state would bar the juvenile justice system from hearing the cases of children younger than 12 who have been criminally charged. The bill’s co-sponsor, state Senator Holly Mitchell, said “The vast …
Secondary DNA Transfer: The Rarely Discussed Phenomenon That Can Place the Innocent (and the Dead) at a Crime Scene They’ve Never Been To by Christopher Zoukis by Christopher Zoukis In 1930, the French scientist Edmond Locard published a journal article in which he laid the groundwork for what would become …
Article • August 1, 2018
Filed under: Police
Suburban Boston Town Backpedals on Steep Police Official Raises by Derek Gilna Methuen, Massachusetts, a modest town of 50,000 people near Boston, has backpedaled on a contract formula that would have paid police captains over $432,000, making them the highest-paid police officers in the states, and more than twice as …
Article • July 27, 2018
$330,000 Awarded to Brooklyn Woman and Minor Nephew over False Arrest and Two Years of Malicious Prosecution by Christopher Zoukis by Christopher Zoukis A Brooklyn woman and her 16-year-old nephew, who were charged with harassing a police officer and obstruction, then compelled to attend around 20 court appearances over two …
Federal Jury Awards Michigan Woman $1,048,000 over Retaliatory Arrests by Christopher Zoukis A Michigan woman who police arrested twice on charges of filing a false police report of rape was awarded just over $1 million after a federal jury found that the arrests were in retaliation for her criticism of …
Article • July 26, 2018
$190,000 for Man Falsely Arrested and Maliciously Prosecuted by NYPD by Christopher Zoukis by Christopher Zoukis A man who was arrested by New York City police officers without probable cause or evidence, then maliciously prosecuted before the charges were dropped, was awarded $190,000 as a result of his federal civil …
$99,000 Settlement Reached in Negligent Enforcement of Protection Order Case by Christopher Zoukis  by Christopher Zoukis The family of Jessica Ann Monroe-Mead agreed to a $99,000 settlement with the county of Newaygo, Michigan, and the sheriff to settle a civil rights claim alleging failure to properly respond to and enforce …
Two Men Unlawfully Searched and Falsely Arrested for Sitting in Vehicle Settle with Middletown, N.Y., Cops by Christopher Zoukis by Christopher Zoukis Patrick Ammirati and James Esposito, who were arrested and prosecuted over a speck that wasn’t even a drug after Middletown, New York, police found them suspiciously sitting in …
Article • July 21, 2018 • from CLN August, 2018
Courts Have Made Social Media a Landmine for Defendants. Could It Change Soon? by Steve Horn by Steve Horn Social media, broadly defined as encompassing popular websites, and smartphone applications such as Facebook, Twitter, Instagram and others, has been pointed to by many as a potentially revolutionary avenue through which …
Article • July 21, 2018 • from CLN August, 2018
$600,000 Awarded Missouri Man in Legal Malpractice Verdict After 17 Years in Prison by In May 2018, jurors in a Newton County Circuit courtroom awarded $600,000 to a man who spent 17 years in a Missouri prison before his conviction was overturned by that state’s supreme court. Dwight D. Laughlin …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Civil Procedure, Forfeiture
Denver Under Fire For Law That Critics Describe as Legalized ‘Car Stealing’ by Derek Gilna by Derek Gilna Civil forfeiture, under fire at the state and federal levels the past two years, has faced the spotlight in the city of Denver, Colorado, where a particularly burdensome civil ordinance has resulted …
Article • July 21, 2018 • from CLN August, 2018
Pennsylvania Supreme Court Announces Search Warrant Required for Nonconsensual Entry into Any Residence to Carry Out Arrest Warrant by Richard Resch by Richard Resch The Supreme Court of Pennsylvania adopted a new rule governing nonconsensual entry into a residence to effectuate an arrest warrant. The Court rejected the constitutional framework …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Appeals, Juries
Mississippi Supreme Court Clarifies that Appellate Courts Never Serve as ‘13th Juror’ for Motion for New Trial by David Reutter by David Reutter The Supreme Court of Mississippi held that neither it nor an appellate court sits as a “thirteenth juror” when reviewing a motion for new trial. The Court …
Article • July 21, 2018 • from CLN August, 2018
New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release by Dale Chappell by Dale Chappell A court must not automatically consider any single factor to be dispositive when deciding whether to deny or grant pretrial release, but must consider several factors on the …
Article • July 21, 2018 • from CLN August, 2018
#Policetoo: 35 States Allow ‘Consensual’ Sex Between Police and Detainees by Christopher Zoukis by Christopher Zoukis On September 15, 2017, 18-year-old Anna Chambers was taken into custody by two NYPD detectives on suspicion of smoking marijuana. According to Chambers, the detectives handcuffed her, led her into the back of an …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Sentencing, Habeas Corpus
Texas Court of Criminal Appeals Announces ‘Finality’ Under Sentence Enhancement Provision for Out-of-State Convictions Governed by Texas Law by Dale Chappell by Dale Chappell “Finality” of an out-of-state conviction to support an enhanced sentence depends on whether Texas State law would consider that prior conviction “final,” not on the particular …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Staff Training, Police
Durham, North Carolina, Opts Out of Military-Style Training for Police by Christopher Zoukis by Christopher Zoukis The Durham, North Carolina City Council faced an unusual debate at a recent meeting. Activist groups urged the council to prohibit city police officers from participating in police training exchanges with Israel. According to …
Article • July 21, 2018 • from CLN August, 2018
Seventh Circuit Affirms Suppression of Evidence Because Traffic Stop Unreasonably Prolonged by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit affirmed a district court’s ruling that evidence obtained from an unlawfully extended traffic stop must be suppressed. The March 7, 2018, decision upheld …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Jury Instructions
Montana Supreme Court Holds Failure to Instruct Jury on State’s Burden of Proof is Plain Error by Dale Chappell by Dale Chappell It is plain error when a trial court fails to instruct the jury on the burden of proof for justifiable use of force and who carries that burden, …
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