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Article • July 15, 2024 • from CLN July, 2024
California Court of Appeal Explains Qualification for Mental Health Diversion Under Pen. Code § 1001.36, Rules Defendant Qualified for Pretrial Mental Health Diversion by David Reutter by David M. Reutter   The Court of Appeal of California, Fourth Appellate District, issued a writ of mandate directing a trial court to …
Tennessee Supreme Court Announces Prospective Abrogation of Common Law Accomplice-Corroboration Rule by Douglas Ankney by Douglas Ankney   The Supreme Court of Tennessee abrogated the common law accomplice-corroboration rule on a prospective basis and dismissed the murder conviction of Laronda Turner due to insufficient evidence. Turner, along with codefendants Tony …
Article • July 15, 2024 • from CLN July, 2024
California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition by Douglas Ankney by Douglas Ankney In a case involving three issues of first impression, the Court of Appeal of California, First Appellate District, ruled that Penal Code Section 1509(1)(c)’s 10- …
Article • July 15, 2024 • from CLN July, 2024
Eleventh Circuit Reverses District Court’s Grant of Habeas Relief, Notes It’s ‘Murky on When Putting Two Suspects in a Room Together Qualifies as Interrogation Under Miranda’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit reversed the U.S. District Court for the Southern District …
Article • July 15, 2024 • from CLN July, 2024
Filed under: Habeas Corpus
Ohio Supreme Court Announces Same Postconviction-Relief Filing Deadline Applies to ‘Delayed Appeal’ as Applies to Any Other Type of Direct Appeal by Douglas Ankney by Douglas Ankney   The Supreme Court of Ohio held that the 365-day deadline set forth in R.C. 2953.21(A)(2)(a) for filing a postconviction motion begins from …
Article • July 15, 2024 • from CLN July, 2024
Sixth Circuit Grants Habeas Relief on Ineffective Assistance of Counsel and Batson Claims by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Sixth Circuit affirmed the U.S. District Court for the Eastern District of Michigan’s order granting a Michigan prisoner’s petition for writ of habeas corpus …
Article • July 15, 2024 • from CLN July, 2024
Fourth Circuit Announces ‘Sentencing Package Doctrine’ Permits District Court to Resentence Both Covered and Noncovered Offenses Under First Step Act by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Fourth Circuit ruled that District Courts have discretion to reduce sentences for both covered and noncovered offenses …
Article • July 15, 2024 • from CLN July, 2024
South Carolina Supreme Court: Confession Involuntary Where Police Provide Miranda Warnings Then Tell Defendant Statements Are Confidential by Sam Rutherford by Sam Rutherford   The Supreme Court of South Carolina held that a defendant’s confession was involuntary in violation of due process where the interrogating officer provided Miranda warnings but …
Article • July 15, 2024 • from CLN July, 2024
Ninth Circuit Announces That Asking About Parole Status During Traffic Stop Does Not Violate Fourth Amendment by Sam Rutherford by Sam Rutherford   The U.S. Court of Appeals for the Ninth Circuit held that police may ask whether a person stopped for a traffic infraction is on parole without violating …
Article • July 15, 2024 • from CLN July, 2024
Colorado Supreme Court Announces First Degree Criminal Trespass of Dwelling Is Lesser-Included Offense of Second Degree Burglary, Explicitly Overruling Garcia, and Merger Is Remedy for Double Jeopardy Sentencing Error by Sam Rutherford by Sam Rutherford   The Supreme Court of Colorado held that convictions for second-degree burglary and first-degree criminal …
Article • July 15, 2024 • from CLN July, 2024
SCOTUS Announces Federal Sentence Under ACCA Based on Federal Classification of Drug at Time of State Court Proceeding by Sam Rutherford by Sam Rutherford The Supreme Court of the United States held that whether a state court drug conviction counts as a “serious drug offense” under the Armed Career Criminal …
Federal Habeas Corpus: Getting Around Procedural Default by Dale Chappell by Dale Chappell The term “procedural default” is a significant barrier in federal habeas corpus petitions. It means that if a claim could have been raised on direct appeal or at any earlier stage but was not, a federal court …
Article • July 15, 2024 • from CLN July, 2024
Filed under: Forensic Sciences
Foundations of Firearms Audio Forensics Built by Dr. Robert Maher Will Continue to Be Important Forensic Tool as More Recording Devices Are Present at Crime Scenes by Jo Ellen Nott by Jo Ellen Nott Dr. Robert Maher, electric and computer engineer who has researched and studied gunshot acoustics at the …
Article • July 15, 2024 • from CLN July, 2024
Breakthrough in Burn Victim Identification: Ancient DNA Tech Offers New Hope by Jo Ellen Nott by Jo Ellen Nott A recent study by Binghamton University researchers offers hope for identifying victims of fires where traditional methods fail. Fire victims can be identified through dental records if the teeth are preserved …
$3.76 Million Awarded to Denver Grandmother for SWAT Raid of Home Based on Inaccurate iPhone Ping by Jo Ellen Nott by Jo Ellen Nott A Colorado jury awarded a 78-year-old woman, Ruby Johnson, $3.76 million in damages on March 1, 2024, after a SWAT team raided her home based on …
Article • July 15, 2024 • from CLN July, 2024
Federal Government Proposes Reclassifying Marijuana as Less Dangerous Schedule III Drug in Historic Policy Shift by Jo Ellen Nott by Jo Ellen Nott In a significant decision on May 16, 2024, the Justice Department of the Biden Administration proposed to reschedule marijuana from Schedule I to Schedule III. This history-making …
Article • July 15, 2024 • from CLN July, 2024
UN Human Rights Committee Report: ICE Electronic Data Surveillance Practices Violate Human Rights Law by Matthew Clarke by Matthew Thomas Clarke The Human Rights Committee (“HRC”) of the United Nations, an independent body that monitors implementation of the International Covenant on Civil and Political Rights (“ICCPR”), issued a report on …
Article • July 15, 2024 • from CLN July, 2024
Surveillance Tech Companies Compose Self-Promoting Press Releases for Cops That Media Lazily Regurgitates by Matthew Clarke by Matthew T. Clarke There is nothing new about corporations that produce technology designed to enable law enforcement surveillance (snoop tech) composing press releases for law enforcement that promote both the brand and the …
Prosecutors Receive Absurdly Lenient Sentence of Probation for Brady Violation That Resulted in an Innocent Man Spending More Than Four Years in Prison by Douglas Ankney by Douglas Ankney The District of Columbia Court of Appeals gave prosecutors Mary Chris Dobbie and Reagan Taylor an absurdly lenient sentence of one …
Article • July 15, 2024 • from CLN July, 2024
‘Asian Nazis’ Be Damned: Cops Coveting AI for 2024 by Michael Thompson by Michael Dean Thompson   In 2023, the general public became aware of the impending emergence of Artificial General Intelligence. It was not long after ChatGPT 3.5 became public that Americans began to understand the remarkable technology is …
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