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Article • May 22, 2018 • from CLN June, 2018
Fifth Circuit: 96-Day Pretrial Detention Without Appearance Before Judge or Chance to Post Bail Violates Fourteenth Amendment Due Process Rights by Matthew Clarke by Matt Clarke On October 24, 2017, the U.S. Court of Appeals for the Fifth Circuit held that an indicted Mississippi pre-trial detainee’s Fourteenth Amendment due process …
Fifth Circuit Holds Prisoner May Sign and Deliver Habeas-Related Motion on Behalf of Fellow Prisoner Under Prison Mailbox Rule by Dale Chappell by Dale Chappell A prisoner may sign and deliver a habeas-related motion to prison officials for timely mailing under the “prison mailbox rule” on behalf of another prisoner, …
Article • May 22, 2018 • from CLN June, 2018
Federal Judge Excludes Evidence After FBI Lies on Search Warrant Affidavit, Geek Squad on FBI payroll by Matthew Clarke by Matt Clarke The federal child pornography case against a California doctor was dismissed after the judge excluded all the evidence seized from his home because an FBI agent lied on …
Article • May 22, 2018 • from CLN June, 2018
‘Black Identity Extremists’ Added to FBI List of Domestic Terrorists by Christopher Zoukis by Christopher Zoukis An FBI report published in August 2017, and leaked two months later, identified a movement it refers to as “black identity extremists” as a new addition to the growing number of groups the agency …
Article • May 22, 2018 • from CLN June, 2018
The G-Men are Coming: Local Cops Partner with Federal Authorities to Deport Undocumented Immigrants by Christopher Zoukis by Christopher Zoukis Donald Trump spoke ill of the undocumented immigrant population during his run for president and promised to ramp up deportation efforts if elected. As president, he is making good on …
Article • May 22, 2018 • from CLN June, 2018
U.S. Supreme Court: Death Penalty Case Involving Racist Juror Requires Further Consideration by Christopher Zoukis by Christopher Zoukis In a brief per curiam opinion, the United States Supreme Court vacated an Eleventh Circuit Court of Appeals decision that foreclosed potential relief for a prisoner on death row whose conviction may …
Article • May 22, 2018 • from CLN June, 2018
Ohio Supreme Court Holds State Cannot Prove ‘Bulk Amount’ of Fentanyl Under Statute by Dale Chappell by Dale Chappell Because no standard pharmaceutical reference manual specifies a maximum daily dose in the usual dose range for fentanyl, a defendant’s conviction for aggravated possession of a “bulk amount” of the drug …
Article • May 22, 2018 • from CLN June, 2018
Colorado Supreme Court: Conviction of Drunk Motorist for Attempted Reckless Manslaughter and Attempted Second Degree Assault Requires Risk to Discernable Person, Not Merely Public At-Large by Christopher Zoukis by Christopher Zoukis The Colorado Supreme Court struck down the convictions of a habitual drunk driver because the convictions — one for …
Article • May 22, 2018 • from CLN June, 2018
Filed under: Appeals, Sentencing, Tax Law
U.S. Supreme Court Resolves Split Among Circuit Courts of Appeals on Tax Code § 7212(a) by Richard Resch by Richard Resch The Supreme Court of the United States reversed a defendant’s conviction for violating the second clause of 26 U.S.C.S. § 7212(a) (“Omnibus Clause”). In doing so, the Court announced …
Article • May 22, 2018 • from CLN June, 2018
Ninth Circuit Reverses Drug Smuggling Conviction for Improper Exclusion of Evidence of Third-Party Culpability by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit reversed a defendant’s conviction for importation of methamphetamine because the district court improperly excluded relevant evidence that someone else committed …
Article • May 22, 2018 • from CLN June, 2018
Arizona Supreme Court: Trial Court Must Tell Jury Defendant Ineligible for Parole in Death Penalty Phase by Dale Chappell by Dale Chappell The trial court erred by failing to tell the jury that a defendant was ineligible for parole before its decision to impose the death penalty, the Supreme Court …
Article • May 21, 2018
American hero or manipulative monster? by Sandy Rozek by Sandy Rozek This is the insidiousness of being on the sex offender registry: No matter what you have done before, no matter how noble or brave or selfless, everything done after is seen through the prism of that label. Sex offender. …
Article • May 21, 2018 • from CLN June, 2018
Iowa Supreme Court Rules District Courts Have Authority to Hear Postconviction Relief Actions Involving Deprivation of Liberty or Property Interest by David Reutter by David Reutter The Supreme Court of Iowa held that a motion for postconviction relief is the proper vehicle to challenge a substantial deprivation of liberty or …
Innocence be Damned: Prosecutors Who Disregard Justice in Push to Win at Any Cost by Dale Chappell by Dale Chappell The prosecutor’s goal “is not that it shall win a case, but that justice shall be done,” the U.S. Supreme Court declared in Berger v. United States, 295 U.S. 78 …
Article • May 21, 2018 • from CLN June, 2018
Cautionary Tale: Visible Fingertips in Cellphone Pictures Can Get You Arrested by Steve Horn by Steve Horn For those in the U.S. who enjoy taking photos on their cellphones, particularly of illicit activities or potentially illegal ones, the South Wales Police force has sent a warning shot across the Atlantic …
Article • May 21, 2018 • from CLN June, 2018
Filed under: Guilty Pleas, Sentencing
D.C. Circuit Vacates Sentence Because Government Breached Plea Agreement by Providing Defendant’s Confidential Statements to Sentencing Court by Dale Chappell by Dale Chappell The government’s use of incriminating statements made by a defendant at a confidential debriefing breached the plea agreement and constituted “plain error” when the government disclosed that …
Article • May 21, 2018 • from CLN June, 2018
Colorado Supreme Court Limits Bottom End of Aggravated Sentencing Statute for Habitual Sex Offenders by Christopher Zoukis by Christopher Zoukis The Supreme Court of Colorado ordered that a habitual sex offender be resentenced because the trial court miscalculated the bottom end of the defendant’s sentence. The December 18, 2017, opinion …
New Report: 60 Percent of Exonerations Stem from Official Misconduct by Steve Horn by Steve Horn The newly released 2017 edition of the National Registry of Exonerations report delivers big findings about the work done by conviction integrity units (“CIUs”), innocence projects, and what some legal experts refer to as …
Article • May 21, 2018 • from CLN June, 2018
Filed under: Immigration
Washington High Court Issues New Rule Making Immigration Status Inadmissible by Derek Gilna by Derek Gilna The Washington Supreme Court on November 8, 2017, issued a new rule of evidence, making it “generally inadmissible” in both criminal and civil cases to question a party’s immigration status. According to the Court, …
Article • May 18, 2018
LA County Deputy Sheriff Awarded $4.5 Million in Retaliation Suit by Christopher Zoukis by Christopher Zoukis Darren Hager, a deputy with the Los Angeles Sheriff's Department received a jury award of $4.5 million upon their finding that Hager was wrongfully terminated in retaliation for looking too closely into the disappearance …
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