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Article • May 15, 2020 • from CLN June, 2020
ATF: What Is a Gun? by Jayson Hawkins by Jayson Hawkins Making a decision about what is or is not a “firearm” under the law would seem to be a fairly straightforward process, but recent controversy about the regulations used by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosive …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Murder/Felony Murder
Michigan Supreme Court Announces that Duress May be Asserted as an Affirmative Defense to Felony Murder, Overruling Gimotty and Etheridge by Douglas Ankney by Douglas Ankney In a case of first impression for the Supreme Court of Michigan, the Court announced that the affirmative defense of duress may be asserted …
Article • May 15, 2020 • from CLN June, 2020
Texas Court of Criminal Appeals: Failure to Include ‘Or Others’ in Jury Instruction for Self-Defense Against Multiple Assailants Deprived Defendant of Defense by Dale Chappell by Dale Chappell The Texas Court of Criminal Appeals (“TCCA”) held on February 5, 2020, that the failure to include “or others with him [the …
Article • May 15, 2020 • from CLN June, 2020
Filed under: COVID-19
Virus Vigilantes v. Virus Violators: Shunning, Shaming, or Policing COVID-19 May not Be the Cure by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Crises have a way of bringing out the best as well as the worst in all of us. When driven by fear of the unknown, and in …
Article • May 15, 2020 • from CLN June, 2020
Filed under: News in Brief
News in Brief by Arizona: Tucson has a new ordinance topunish those who fail to stay outside designated crime scene perimeters, the Tucson Star reports. The law aims to halt “cop haters” with cameras, but the potential fallout is a stifling of First Amendment rights. While people should not provoke …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Mental Health
SCOTUS: Due Process Doesn’t Require States to Adopt a Specific Test for Determining Insanity by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) determined that “no insanity rule in this country’s heritage was ever so settled as to tie a State’s hands centuries later” and …
Article • May 15, 2020 • from CLN June, 2020
Fifth Circuit: Defendant Lacked Culpability in Attempting to Export Ammunition by Merely Purchasing It by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fifth Circuit held that a district court clearly erred in assigning a defendant a three-level enhancement for attempting to export ammunition when he …
Article • May 15, 2020 • from CLN June, 2020
Iowa Supreme Court Vacates Guilty Plea for Lack of Evidence and Ineffective Assistance of Counsel by David Reutter by David M. Reutter The Supreme Court of Iowa ruled there was no factual basis to support a defendant’s guilty plea to possessing a tool with the intent to use in the …
Article • May 15, 2020 • from CLN June, 2020
Second Circuit: Habeas Petition Not Moot Where It Attacked Inactive Original Order That Gave Rise to Current Active Order Restraining Petitioner’s Liberty by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that a habeas petition is not moot where it attacks an earlier …
Federal District Court Finds ‘Confusion’ Over Law in State Court Excused Late Filing of § 2255 Motion by Dale Chappell by Dale Chappell Finding confusion in the state courts over the status of the law and obstacles put in place by the federal prison system that hindered filing for relief, …
Article • May 15, 2020 • from CLN June, 2020
Seventh Circuit Reiterates IAC Requires Only ‘Reasonable Probability,’ Not ‘More Likely Than Not,’ of Different Outcome by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held that the federal district court unreasonably applied “clearly established federal law” when it erroneously required a more demanding …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Habeas Corpus
U.S. Supreme Court Justice Files Statement on Court’s Refusal to Hear Habeas Case, Despite Deep Circuit Split by Dale Chappell by Dale Chappell While the U.S. Supreme Court refused to hear a case to settle a deep and widening split among the federal courts, the Court’s newest justice filed a …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Traffic stop
SCOTUS: Knowledge that Driver’s License of Vehicle’s Registered Owner Was Revoked Provides Reasonable Suspicion to Initiate Traffic Stop by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) whittled away at Fourth Amendment protections by holding that when a police officer has knowledge that the driver’s …
Article • May 15, 2020 • from CLN June, 2020
Don’t Allow Government to Abuse Emergency Powers After COVID-19 Threat Subsides by Douglas Ankney by Douglas Ankney During this COVID-19 crisis, state and local authorities are ordering people to shelter in place, banning large gatherings, and closing businesses. These restrictions are implemented under traditional police powers that allow designated officials …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Attorney Misconduct
Notorious Louisiana Prosecutor Fired for Misconduct Technicality by Edward Lyon by Ed Lyon Jason Brown was a ‘lock ‘em up tight and throw away the key’ type. One of the most disliked prosecutors in Caddo Parish, Louisiana, history, he was a hard-charging and inflexibly tough prosecutor who pushed for maximum …
Article • May 15, 2020 • from CLN June, 2020
Illinois Supreme Court: Failing to Stipulate Felon Status Allowing Jury to Hear About Murder Conviction Constitutes IAC by Anthony Accurso by Anthony Accurso The Supreme Court of the State of Illinois reversed a defendant’s conviction because his attorney failed to stipulate his felon status at trial, and the jury was …
Article • May 15, 2020 • from CLN June, 2020
10th Circuit: Evidence Insufficient to Support Conviction for Attempting to Kill Witness by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit ruled that the evidence was insufficient to support John Terry Chatman, Jr.’s conviction of obstruction of justice by attempting to kill a witness. …
Article • May 15, 2020 • from CLN June, 2020
$369,000 Settlement in Police Raid of Journalist’s Home and Office by It was a quieting day for First Amendment freedom when San Francisco cops and the FBI raided the home and newsroom of freelance journalist Bryan Carmody May 10, 2019, in search of the source of a confidential police report …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Controlled Substances
Delaware Supreme Court Clarifies Meaning of ‘Mixture’ as Used in State’s Controlled Substances Act by Douglas Ankney by Douglas Ankney The Supreme Court of Delaware clarified the meaning of “mixture” as the term is used in Delaware’s Uniform Controlled Substances Act (“Act”). Police recovered from the person of Darren Wiggins …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Speedy Disposition
Colorado Supreme Court: Defendant Has No Duty to Bring Himself to Trial by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado ruled that Edward Kevin DeGreat had no duty to bring himself to trial and ordered his charges dismissed with prejudice for violation of his right to a …
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