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Article • July 7, 2018
$1.25M Settlement for Chicago Man Coerced into Confessing to Rape and Murder by Christopher Zoukis Harold Hill, who was coerced into confessing to a rape and murder, and freed from prison when DNA evidence exonerated him nearly 13 years later, settled with the Chicago Police Department for $1,250,000. Attorney's fees …
Article • July 7, 2018
Detroit police veteran arrested after obstructing other officers by R. Bailey by R. Bailey A veteran Detroit police officer who was already on restricted duty and banned from possessing a firearm because of his 2017 fatal shooting of a teen was arrested for illegally carrying three firearms, along with other …
Article • July 1, 2018
False Arrest of Florida Attorney by Fort Lauderdale Police Results in $600,000 Verdict by Christopher Zoukis by Christopher Zoukis Samuel Yeboah, who was arrested after he requested to observe a roadside sobriety test being performed on his client, was awarded $600,000 against the City of Fort Lauderdale for false arrest …
Article • June 26, 2018
Georgia Prisoner Loses Mandamus Appeal Seeking Trial Records by Edward Lyon by Ed Lyon Georgia prisoner James Brock was convicted of several crimes in 2011, two of which were murder. He could have faced a death penalty. Available information did not state his actual sentence(s). Brock filed a mandamus petition …
$400,000 Settlement Accepted by Michigan Parolee Over Force by Police, Parole Officers by Christopher Zoukis by Christopher Zoukis Michael J. Trethewey, who was assaulted by police and parole officers for an alleged parole violation, accepted a $400,000 settlement in compensation for his medical expenses and injuries. Approximately $270,000 of that …
$224,528 Awarded to County Jail Employee in New York Retaliation Suit by Christopher Zoukis by Christopher Zoukis A federal jury awarded Mark Battistoni, an employee at the Dutchess County, New York, jail, $224,528 after it found that his employer unlawfully retaliated against him.      In July 2007, Battistoni received reports …
Article • June 18, 2018 • from CLN July, 2018
Filed under: News in Brief
News in Brief by California: The family of a mentally ill man who was shot and killed in 2014 by Lodi, California, police officers Scott Bratton and Adam Lockie settled with the city for $2.65 million on April 24, 2018, after U.S. District Court Judge Troy Nunley denied the city’s …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Searches
10th Circuit: Observation of Stack of 15 Credit Cards Does Not Provide Police With Probable Cause to Examine Name on Cards for Evidence of a Crime by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Tenth Circuit reversed a lower court’s decision to deny a …
Article • June 18, 2018 • from CLN July, 2018
Idaho Supreme Court Orders Acquittal for Insufficient Identification of Drug by Matthew Clarke by Matt Clarke On March 2, 2018, the Supreme Court of Idaho vacated a prisoner’s conviction and sentence for possession of a controlled substance and ordered an acquittal because the substance she possessed had not been adequately …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Wrongful Conviction
$10 Million Award for California Man Wrongfully Imprisoned by Derek Gilna by Derek Gilna A man who was wrongfully accused, convicted, and imprisoned because of the alleged misconduct of four San Francisco police officers who fabricated and withheld evidence to frame him for a 2007 murder, has been awarded $10 …
Article • June 18, 2018 • from CLN July, 2018
Ninth Circuit: Violations Alleged After Expiration of Supervised Release Term Must be Factually Related to Pre-Expiration Allegation by Richard Resch by Richard Resch In a February 28, 2018, opinion, the U.S. Court of Appeals for the Ninth Circuit ruled that U.S. District Courts may not base a revocation of supervised …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Attorneys, Sentencing
Delaware Supreme Court Describes What Constitutes ‘Effective’ Counsel at Sentencing by Dale Chappell by Dale Chappell Providing a lesson on what defense lawyers should and should not do to get their client a lower sentence, the Supreme Court of Delaware held that counsel was ineffective when he met with his …
Article • June 18, 2018 • from CLN July, 2018
Golden State Killer Suspect Arrest Opens Floodgates for Law Enforcement Use of DNA Websites by Steve Horn by Steve Horn The use of DNA-based genealogy websites to track down Joseph DeAngelo — the “Golden State Killer” suspect — appears to have inspired police departments nationwide. It’s a move that has irked privacy advocates …
Article • June 18, 2018 • from CLN July, 2018
Pennsylvania Supreme Court Holds Any Search of Cellphone Requires Warrant by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania made it clear: “If a member of law enforcement wishes to obtain information from a cellphone, get a warrant.” The Court held that turning on, as well as digging …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Defenses
Wyoming Supreme Court Adopts ‘Castle Doctrine’ for Cohabitants by Dale Chappell by Dale Chappell In a case of first impression before the Supreme Court of Wyoming, the Court held that a cohabitant who attacks another cohabitant in their shared home may raise the “castle doctrine” in a self-defense argument, defending …
Article • June 18, 2018 • from CLN July, 2018
Ninth Circuit Reverses Conviction for Transporting an Illegal Alien Due to Improper Jury Instruction by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit reversed a defendant’s conviction for transporting an illegal alien for financial gain because the district court improperly instructed the jury …
Article • June 18, 2018
Filed under: Crime Labs, junk science
Junk Science Puts Innocent People in Prison and Keeps Them There by Matthew Clarke by Matt Clarke It has been years since the National Academy of Sciences and the President’s Council of Advisors on Science and Technology published studies casting serious doubt on courtroom claims of practitioners of “pattern matching” …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Sentencing
Eleventh Circuit Clarifies When a Court Must Conduct Resentencing Following § 2255 Relief by Dale Chappell by Dale Chappell In an issue of first impression for the U.S. Court of Appeals for the Eleventh Circuit, the Court clarified when a district court must hold a resentencing hearing, rather than summarily …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Gang Policies, Sentencing
California Court of Appeal Rejects Gang Enhancement Based on Expert Witness’ Case-Specific Hearsay Evidence by Christopher Zoukis by Christopher Zoukis The Court of Appeal of California, Fourth Appellate District, Division Two reversed a trial court’s imposition of a gang enhancement on a defendant when the evidence of gang activity consisted …
Article • June 18, 2018 • from CLN July, 2018
Third Circuit Reverses Occupational Restriction in Excess of Statutory Maximum for Supervised Release by Matthew Clarke by Matt Clarke On September 14, 2017, the U.S. Court of Appeals for the Third Circuit reversed the portion of the sentence that restricted a former Realtor who had pleaded guilty to one count …
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