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Article • June 15, 2020 • from CLN July, 2020
Filed under: DNA Testing/Samples
New Technique Separates Mixed DNA Evidence to Tell Suspects from Victims by Dale Chappell by Dale Chappell When 17-year-old Barbara Blatnik was found dead in December 1987, Cleveland police found DNA under her fingernails, but it was a mixture of hers and her killer’s. At the time, DNA techniques couldn’t …
Article • June 15, 2020 • from CLN July, 2020
Filed under: COVID-19, Laser Weapons
Feds Ramp up Purchase of Riot Gear in Wake of COVID-19 Pandemic by Douglas Ankney by Douglas Ankney In preparation for what may aptly be described as “Mad Max Meets COVID-19,” the federal government has submitted “expedited purchase orders” for disposable cuffs, gas masks, ballistic helmets, riot gloves, and other …
Article • June 15, 2020 • from CLN July, 2020
Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence by Matthew Clarke by Matt Clarke In March 27, 2020, the U.S. Court of Appeals for the Sixth Circuit vacated a firearms possession conviction from the U.S. District Court for the Northern District …
Article • June 15, 2020 • from CLN July, 2020
Army Veteran Serving Life Without Parole for Taking $9 by Douglas Ankney by Douglas Ankney Willie Simmons became addicted to drugs while in the Army and stationed abroad. In 1982, he was in Alabama and “in need of a quick fix.” Simmons wrestled a man to the ground and took …
Article • June 15, 2020 • from CLN July, 2020
A Nation on the Brink by Christopher Zoukis How the Killing of George Floyd by Police Sparked Nationwide Protests and Calls for Systematic Change by Christopher Zoukis, MBA “If one of us is not free, none of us are free.” – Max Mills and Ayesha Muzaffar, Co-Chairs, Students Against Mass …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Cell-Phones
Office of Homeland Security Circumventing Warrant Requirement by Buying Cellphone Location Data from Marketing Firm by Anthony Accurso by Anthony Accurso The Office of Homeland Security (“OHS”) has been purchasing “anonymized” cellphone location data for use in Customs and Border Protection (“CBP”) investigations, according to information obtained by the Wall …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Editorials
From the Editor by Richard Resch by Richard Resch For virtually every person who’s seen the horrifying video of George Floyd’s final moments, his killing feels qualitatively different than the countless other police killings of unarmed individuals that plague America. True, there have been many others that were captured on …
Article • June 15, 2020 • from CLN July, 2020
Using Location Surveillance to Fight COVID-19 May Chill Free Speech and Association by David Reutter by David M. Reutter As governments act to contain COVID-19, tracing persons who have come in contact with infected persons is at the forefront of the move to contain the disease’s spread. Tracing people via …
Article • June 15, 2020 • from CLN July, 2020
This Is Not a Revolution. It’s a Blueprint for Locking Down the Nation by John W. Whitehead by John W. Whitehead, The Rutherford Institute – Commentary “When it gets down to having to use violence, then you are playing the system’s game. The establishment will irritate you—pull your beard, flick …
Article • June 15, 2020 • from CLN July, 2020
Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on March 4, 2020, that the savings clause of 28 U.S.C. § 2255(e) is available even if based on …
Article • June 15, 2020 • from CLN July, 2020
Seventh Circuit: Defendant’s Statement Given to Pretrial Services Can’t Be Admitted to Impeach Witness at Trial by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Seventh Circuit ruled that it is impermissible to admit a statement made by the defendant …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Resentencing
California Court of Appeal Explains Procedural Requirements for Vacating Felony-Murder Conviction Via Section 1170.95 Petition by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Sixth Appellate District has explained the procedural requirements for adjudication of petitions filed pursuant to Penal Code § 1170.95. In the middle of …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Theft, GPS Tracking Device
Indiana Supreme Court: Removal of Police’s GPS Tracker on Suspect’s Vehicle Not Probable Cause of Theft, Suppression of Evidence by Anthony Accurso by Anthony Accurso The Supreme Court of Indiana suppressed all evidence resulting from search warrants obtained on the basis that the sheriff’s department concluded a suspect “stole” the …
Article • June 15, 2020 • from CLN July, 2020
Congressmen File Amicus Brief Stressing Congressional Intent That First Step Act’s New Drug Laws Apply at Resentencing by Dale Chappell by Dale Chappell Courts often look to Congress when interpreting the meaning of a law. They look at Congress’ intent behind the law and any statements made by legislators in …
Article • June 15, 2020 • from CLN July, 2020
New Hampshire Supreme Court: Police Violated Miranda in Obtaining First Statement, and State Failed to Prove Second Statement Was Voluntary by Douglas Ankney by Douglas Ankney The Supreme Court of New Hampshire affirmed a superior court’s decision suppressing the initial incriminating statements made by Dominic Carrier because police violated the …
Article • June 15, 2020 • from CLN July, 2020
5-Year Study Shows Police Stop Black Drivers Less Often at Night When ‘Veil of Darkness’ Obscures Race by Douglas Ankney by Douglas Ankney In the largest-ever study of racial profiling by police during traffic stops, Stanford University has shown that Black people are much less likely to be stopped after …
Declassified Court Ruling Details FBI Abuses of Mass Surveillance Data by Anthony Accurso by Anthony Accurso The government declassified a court order from October 2018 that details the FBI’s misuse of its access to mass surveillance data collected in partnership with large tech and communications companies. The order detailed what …
Second Circuit: Three Important Rulings Under First Step Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit made three important favorable rulings on April 24, 2020, concerning relief under the First Step Act for career offenders, those who get released while their motion …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Drug Laws/Offenses
Marijuana Possession in Virginia Remains Illegal But Is Decriminalized by Douglas Ankney by Douglas Ankney On May 21, 2020, the Commonwealth of Virginia became the 16th state to decriminalize possession of marijuana when Governor Ralph Northam signed Senate Bill 2 and House Bill 972. The law, which becomes effective July …
Article • June 15, 2020 • from CLN July, 2020
Eleventh Circuit Holds Hobbs Act Robbery Doesn’t Trigger Career Offender Enhancement by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit held on March 24, 2020, that substantive Hobbs Act robbery is “too broad” and doesn’t qualify to require a sentencing enhancement under the career …
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