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Article • July 21, 2018 • from CLN August, 2018
Utah Supreme Court: Procedural Due Process Violated Where Failure to Participate in Sex Offender Treatment Program Used to Deny Parole to Prisoner Not Convicted of Sex Offense by David Reutter by David Reutter The Supreme Court of Utah held that the Board of Pardons and Parole (“Parole Board”) violated a …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Immigration
Eleventh Circuit Holds Florida Drug Trafficking Statute Indivisible and Overbroad for Removal Under Immigration and Nationality Act by Dale Chappell by Dale Chappell In a major decision that may affect thousands with a prior Florida drug trafficking conviction, the U.S. Court of Appeals for the Eleventh Circuit held that Florida’s …
Article • July 21, 2018 • from CLN August, 2018
Biased Facial Recognition Systems Are Coming to a Law Enforcement Agency Near You by Christopher Zoukis by Christopher Zoukis A new report from the Electronic Frontier Foundation (“EFF”) has revealed some disturbing facts about facial recognition systems, which are becoming very popular law enforcement investigative tools. According to the February …
Article • July 21, 2018 • from CLN August, 2018
Washington Supreme Court: Nexus Between Property Searched and Probation Violation Required for Warrantless Search of Probationer’s Property by Dale Chappell by Dale Chappell Probationers have a limited, but constitutionally protected, privacy interest that does not permit community correction officers (“CCO”) to conduct open-ended property searches. Instead, the warrantless search must …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Police Searches
Missouri High Court Holds Checkbox-Style Search Warrant Constitutes an Unconstitutional General Warrant by Dale Chappell by Dale Chappell A search warrant with checkboxes generally describing the purpose of the warrant lacked particularity and probable cause and was an unconstitutional “general search warrant,” the Supreme Court of Missouri held. The Court …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Settlements, False Arrest
$1 Million Paid by NYC to Settle False Arrest Claim by Oliver Wiggins doesn’t drink. But that didn’t stop the NYPD cop who ran a stop sign and rammed Wiggins’ car from arresting him for driving while impaired. After NYPD Officer Justin Joseph plowed into Wiggins on April 19, 2015, …
Article • July 21, 2018 • from CLN August, 2018
Government Eyes Are Watching You: We Are All Prisoners of the Surveillance State by John W. Whitehead by John W. Whitehead, Commentary, The Rutherford Institute “We’re run by the Pentagon, we're run by Madison Avenue, we're run by television, and as long as we accept those things and don't revolt …
Article • July 21, 2018 • from CLN August, 2018
Kansas Supreme Court: Judge’s ‘Thwarting’ of Defendant’s Right to Self-Representation was Structural Error Requiring Reversal of Convictions by Dale Chappell by Dale Chappell A defendant who “unequivocally” invoked his right to self-representation at trial and was denied that right when the judge ignored his requests got a new trial when …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Criminal Prosecution
New Jersey Supreme Court: Substantive Error to Amend Indictment to Change Degree of Felony on Eve of Trial by Matthew Clarke by Matt Clarke On April 25, 2018, the Supreme Court of New Jersey held that a trial court erred when, on the eve of trial, it permitted the State …
Article • July 21, 2018 • from CLN August, 2018
Seattle to Toss Old Pot Convictions by Seattle’s mayor and city attorney announced plans in February 2018 to request court dismissal of all misdemeanor marijuana possession convictions obtained in city courts before the drug’s legalization in 2012. When the convictions are vacated or dismissed, they will disappear from the records …
Article • July 21, 2018 • from CLN August, 2018
Missouri Supreme Court Clarifies No Resisting Arrest Charge Once Arrest is Completed by Dale Chappell by Dale Chappell A defendant trying to break free of an officer’s grip while already under arrest and in handcuffs was not “resisting arrest” because the defendant was not trying to prevent his arrest, the …
Fifth Circuit Grants § 2255 Petition Challenging Failure to Register Conviction for Ineffective Assistance of Counsel by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Fifth Circuit reversed a district court’s denial of a former prisoner’s 28 U.S.C. § 2255 petition, in which he claimed …
Article • July 21, 2018 • from CLN August, 2018
FBI Data Reveal ‘War on Cops’ is Nonexistent by Dale Chappell by Dale Chappell Where is the “war on cops” claimed by the country’s leaders? According to the Federal Bureau of Investigation’s annual report on law enforcement officers killed in the line of duty across the country, 93 cops died …
Article • July 21, 2018 • from CLN August, 2018
South Carolina Supreme Court Clarifies When Court Can Deny Right to Self-Representation; Orders New Trial by Dale Chappell by Dale Chappell “One who is his own lawyer has a fool for a client,” U.S. Supreme Court Justice Blackmun once opined. Nevertheless, a circuit judge may deny a defendant’s request to …
Article • July 21, 2018 • from CLN August, 2018
Pennsylvania Supreme Court Vacates Intellectually Disabled Prisoner’s Death Sentence by Christopher Zoukis by Christopher Zoukis The Supreme Court of Pennsylvania vacated a convicted murderer’s death sentence after concluding that the prisoner suffered from an intellectual disability, rendering him ineligible for the death penalty. The February 5, 2018, order replaced the …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Attorneys, Appeals, Sentencing
Pennsylvania Supreme Court Announces New Rule to Allow IAC Claims for Fine-Only Sentences by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania announced a new rule allowing post-sentencing motions raising ineffective assistance of counsel (“IAC”) claims where only a fine but no prison or probationary time is imposed. …
Article • July 20, 2018 • from CLN August, 2018
Filed under: Habeas Corpus, Bail
Ninth Circuit: Younger Abstention Not Appropriate in Habeas Case Challenging Lack of Constitutionally Sufficient Bail Hearing by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit ruled on February 9, 2018, that Younger v. Harris, 401 U.S. 37 (1971) does not require a U.S. …
Article • July 20, 2018 • from CLN August, 2018
Delaware Supreme Court Reverses Criminally Negligent Homicide Because Conduct was ‘Too Remote’ from Cause of Death by Dale Chappell by Dale Chappell Conduct that was “too remote” from the cause of death could not support criminally negligent homicide, the Delaware Supreme Court held, reversing a juvenile’s adjudication. Tracy Cannon and …
Article • July 20, 2018 • from CLN August, 2018
Is FBI Using Classified Tools for Everyday Investigations? by Christopher Zoukis by Christopher Zoukis The website Techdirt.com reported on a Department of Justice Inspector General’s report looking into how the FBI uses classified tools meant for national security investigations in run-of-the-mill cases. It seems that government-developed software hacks, malware, and …
Article • July 20, 2018 • from CLN August, 2018
Legally Thrown in Jail for Wanting to File a Complaint Against Police by In a land where a person can be thrown in jail for wanting to file a complaint against the cops, that is called a “police state.” Here in the United States, the Constitution protects those who want …
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