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Article • June 16, 2018 • from CLN July, 2018
Sixth Circuit Suppresses Evidence Where Triggering Event Specified in Anticipatory Search Warrant Never Occurred by Richard Resch by Richard Resch In an opinion issued on April 4, 2018, the U.S. Court of Appeals for the Sixth Circuit affirmed the suppression of evidence ostensibly obtained pursuant to an anticipatory search warrant …
Article • June 16, 2018 • from CLN July, 2018
Philly Prosecutor’s ‘Do Not Call’ List Released; Names Cops Not to Call to the Stand by Christopher Zoukis by Christopher Zoukis Corruption in the Philadelphia Police Department led local prosecutors to prepare a list of cops who had engaged in misconduct, including excessive force, drinking on duty, and lying to …
Article • June 16, 2018 • from CLN July, 2018
Ohio Supreme Court: Policy of Inventory Search Upon Arrest Does Not Empower Police to Retrieve Property from Area Protected by Fourth Amendment by Dale Chappell by Dale Chappell Evidence retrieved from a purse unlawfully removed from a vehicle after an arrest violated the Fourth Amendment, despite the existence of a …
Article • June 16, 2018 • from CLN July, 2018
Texas Court of Criminal Appeals: Lawyer’s Failure to Advise Client of Opinion Making It Impossible for State to Meet Its Burden of Proof Constitutes Ineffective Assistance of Counsel by Matthew Clarke by Matt Clarke On September 27, 2017, the Court of Criminal Appeals of Texas held that a guilty plea …
Article • June 16, 2018 • from CLN July, 2018
Do Black Lives Matter in the Supreme Court? by Michael Avery by Michael Avery Protests by tens of thousands of Americans, black and white, have urged us to remember that Black Lives Matter. The movement is an outgrowth of concern over the epidemic of police violence against black people. But …
Article • June 16, 2018 • from CLN July, 2018
Filed under: Appeals, Habeas Corpus
SCOTUS Adopts ‘Look Through’ Methodology for Federal Courts in Determining State Court’s Rationale for Unexplained Habeas Decision by Richard Resch by Richard Resch On April 17, 2018, the Supreme Court of the United States (“SCOTUS”) issued an opinion in which it instructed that federal courts are required to “look through” …
Cell-Site Simulators: Police Use Military Technology to Reach out and Spy on You by Christopher Zoukis by Christopher Zoukis Law enforcement agencies nationwide are employing technology, designed for military use in foreign lands, in order to track the location of U.S. citizens on American soil. And authorities — all the …
Family of Man Shot and Killed by San Bernardino Police Agrees to $575,000 Settlement by Christopher Zoukis by Christopher Zoukis The city of San Bernardino, California, along with two of its police officers who shot and killed Jerriel Dashawn Allen, agreed to a settlement of $575,000 with Allen's family, which …
Article • June 16, 2018
Marijuana Selling License Denied Due to Spouse’s Criminal Background by The Washington State Liquor and Cannabis Board (“WSLCB”) rejected a woman’s application for a retail marijuana license because her husband is serving a 44-year sentence for homicide. Libby Haines-Marchel, a mother of four, saw Washington State’s 2012 legalization of recreational …
Article • June 1, 2018
Filed under: Attorneys, Public Defenders
$600,000 Awarded Missouri Man in Legal Malpractice Verdict After 17 Years in Prison by Monte McCoin by Monte McCoin 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 …
Article • June 1, 2018
Maryland Couple Questioned After Police Misidentify Mushrooms in Facebook Post by Monte McCoin by Monte McCoin On May 11, 2018, John Garrison and girlfriend Hope Deery spent a day in the mountains, hiking and foraging for wild morel mushrooms, which were common near Darlington, Maryland. Like many people do without …
Article • May 31, 2018
Filed under: Attorneys General
Eric Schneiderman, Once a Champion of Women, Now Accused of Assaulting Four by Steve Horn by Steve Horn Eric Schneiderman, who resigned as New York’s Attorney General May 8, had a record of supporting legislation and criminal law enforcement to protect women from sexual abuse. However, allegations surfaced that he …
Article • May 31, 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 the “Golden State Killer” suspect, Joseph DeAngelo, appears to have inspired police departments nationwide. It’s a move that has irked privacy …
Article • May 24, 2018
Filed under: Juveniles, Juvenile Prisons
Study: Racism and Over-incarceration Pervade Juvenile Detention by A 2018 study has uncovered a troubling racial-disparity gap in youth confinement. “Youth Confinement: The Whole Pie” was published Feb. 27, 2018, by the Prison Policy Initiative, a Massachusetts-based nonpartisan nonprofit. The study analyzed data gathered in the 2015 Census of Juveniles in …
Article • May 23, 2018
Eyewitness Sketches Provide ‘Stormy’ Results, Can Lead to False Convictions by Steve Horn by Steve Horn Stephanie Clifford, the adult film actress known as Stormy Daniels, has set off a flood of media coverage on her claims of having a sexual relationship with President Donald Trump and the subsequent non-disclosure …
Article • May 22, 2018 • from CLN June, 2018
Study: Unionized Police? Increased Misconduct by Derek Gilna by Derek Gilna According to a December 2017 study by University of Chicago Law School researchers, data from Florida indicates that “shielding officers from the consequences of their actions ... result[s] in increased misconduct.” After Florida sheriffs’ deputies were allowed to unionize …
Article • May 22, 2018 • from CLN June, 2018
‘Serious Bodily Harm’ Does Not Include Animals, Massachusetts Supreme Court Holds by Dale Chappell by Dale Chappell The term “serious bodily harm” does not include harm to animals, unless the statute expressly says so, the Supreme Judicial Court of Massachusetts held, tossing out a youthful offender indictment. After a 14-year-old …
Article • May 22, 2018 • from CLN June, 2018
Georgia Supreme Court Vacates Convictions and Sentences Due to Merger Errors by Matthew Clarke by Matt Clarke On December 11, 2017, the Supreme Court of Georgia vacated convictions and sentences for aggravated assault and firearms possession due to a merger error. Thyrell Depree Donaldson, a Georgia state prisoner, appealed his …
Article • May 22, 2018 • from CLN June, 2018
Filed under: Sentencing, Parole
Rhode Island High Court Abolishes Shatney in Initial Application for Postconviction Relief by Prisoners Serving Life Without Parole by Matthew Clarke by Matt Clarke On December 5, 2017, the Supreme Court of Rhode Island held that, “from this point forward, Shatney v. State, 755 A.2d 130 (R.I. 2000), shall be …
Article • May 22, 2018 • from CLN June, 2018
North Dakota Supreme Court Announces Interpretation of Restitution Statutes by Christopher Zoukis by Christopher Zoukis The North Dakota Supreme Court reversed a criminal restitution order because the trial judge misapplied statutory and constitutional law in determining the amount ordered. On February 27, 2017, Lukas Kostelecky was arrested for criminal mischief, …
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