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Article • April 19, 2018 • from CLN May, 2018
Filed under: Release and Reentry, Bail
Philadelphia Tests Automating the Bail Risk Assessment Process by David Reutter by David M. Reutter Philadelphia is using part of a $3.5 million grant to create a computerized bail-risk assessment tool. The effort is part of the city’s Reentry Project. The MacArthur Foundation selected Philadelphia to take part in its …
Article • April 19, 2018 • from CLN May, 2018
Eighth Circuit: Teague Analysis Bars Retroactive Application of Padilla Ineffective Assistance of Counsel Claim by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eighth Circuit ruled that Teague v. Lane, 489 U.S. 288 (1989), which bars retroactive application of new rules of criminal procedure on …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Police Misconduct
The ‘Office Shuffle’: Ohio Police Recycle Bad Apples Among Rural Departments by Matthew Clarke by Matt Clarke An Ohio police officer who resigns under a cloud of pending disciplinary action or who is fired may not have reached the end of a law enforcement career. In some Ohio towns, employment …
Article • April 19, 2018 • from CLN May, 2018
Former Civil Rights Lawyer Krasner Puts Justice Reform into Practice as New Philly DA by Derek Gilna by Derek Gilna For decades, politicians have won many elections by promising to be “tough on crime,” which translated into escalating prisoner counts, unbalanced budgets, and societal disintegration of the inner city. In …
Article • April 19, 2018 • from CLN May, 2018
Mississippi Supreme Court Reverses Conviction Ruling; State Failed to Prove ‘Constructive Possession’ of Marijuana by Dale Chappell by Dale Chappell The State failed to prove that packages of marijuana hidden in a car truck were in the “constructive possession” of a passenger, who was unaware they were there especially when …
Article • April 19, 2018 • from CLN May, 2018
Sixth Circuit Denies Qualified Immunity for Officers in No-Knock Home Entry Case by Richard Resch by Richard Resch On October 29, 2014, at about 4 a.m., 13 Highland Park, New Jersey, police officers performed a no-knock entry into the Greer family home. Without knocking or announcing their presence, the officers …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Sentencing
Sentencing Court’s Grant of Prior Custody Credit was Not ‘Clear Error’ to Allow for Removal by Dale Chappell by Dale Chappell The government’s “eleventh hour” motion to “correct” a sentence to remove credit for time served in a related case before federal sentencing was improperly granted by the district court, …
Article • April 19, 2018 • from CLN May, 2018
NYU Students Form Dollar Bail Brigade to Help Free New Yorkers Held on $1 Bail by Christopher Zoukis by Christopher Zoukis Judges in New York City courtrooms have an unusual option when it comes to the pre-trial release of a defendant charged with a minor crime: $1 bail. Hundreds of …
Article • April 19, 2018 • from CLN May, 2018
Illinois Supreme Court Strikes Down Part of Two Stalking Statutes as Unconstitutional by Richard Resch by Richard Resch The Supreme Court of Illinois has taken the relatively rare step of striking language from two stalking statutes as facially unconstitutional because they violate the First Amendment to the U.S. Constitution. In …
Article • April 19, 2018 • from CLN May, 2018
Texas District Attorney Stops Prosecuting Trace Drug Cases by In 2017, Harris County District Attorney Kim Ogg changed an office policy by stopping the prosecution of thousands of trace drug cases from the Houston, Texas area. In doing so, Ogg fulfilled promises made during her unsuccessful 2014 campaign and her …
Article • April 19, 2018 • from CLN May, 2018
Trenton Police Officers’ ‘Violent’ Comments Captured on Body Camera by Derek Gilna by Derek Gilna Trenton, New Jersey, police officers were captured on video making light of using flashlights to subdue suspects and ridiculing a critically injured gunshot victim suffering from a head wound. All of the incriminating comments were …
Article • April 19, 2018 • from CLN May, 2018
Kansas Supreme Court Rules Grant of ‘Use’ Immunity Insufficient to Compel Testimony by Richard Resch by Richard Resch Jose Delacruz, Anthony Waller, and three others participated in the robbery of Joshua Haines, who was murdered during the act. Delacruz was convicted of aggravated robbery, but he was acquitted of felony …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Police Searches
Massachusetts High Court Vacates Felony-Murder Conviction for Failure to Suppress Cellphone Search by Christopher Zoukis by Christopher Zoukis The Supreme Judicial Court of Massachusetts reversed a felony-murder conviction and sent the case back for a new trial because the trial court failed to suppress evidence obtained from an illegal search …
Article • April 19, 2018 • from CLN May, 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 indicate that “shielding officers from the consequences of their actions ... result[s] in increased misconduct.” After Florida sheriffs’ deputies were allowed to unionize …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Criminal Procedure
Utah Supreme Court Changes Course on Admissibility of Preliminary Hearing Testimony at Trial by Christopher Zoukis by Christopher Zoukis In a significant decision regarding Rule 804 of the Utah Rules of Evidence, the Utah Supreme Court reversed itself in a case involving the use of hearsay testimony from a preliminary …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Disabled Prisoners, AEDPA
9th Circuit: District Court Improperly Deferred to Nevada Supreme Court in AEDPA Analysis by David Reutter by David Reutter The Ninth Circuit Court of Appeals held a Nevada federal district court erred in its analysis under the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) by deferring to a state court’s …
Article • April 19, 2018 • from CLN May, 2018
California Supreme Court Grants Habeas Petition and Vacates Capital Murder Conviction Due to False Expert Testimony at Trial by Richard Resch by Richard Resch The Supreme Court of California granted a death row prisoner’s petition for writ of habeas corpus based upon the introduction of false evidence at trial and …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Wrongful Conviction, Police
Controversial Police Interrogation Technique That Often Results in False Confessions Abandoned by Influential Training Consultant by Matthew Clarke by Matt Clarke In 1931, a commission to investigate Prohibition-era corruption appointed by President Hoover issued the Wickersham Report. The report criticized the so-called Third Degree, which was the standard police interrogation …
Article • April 19, 2018 • from CLN May, 2018
$42 Million Paid Out in Decade of New Jersey Police Criminality, Abuse by Local governments in New Jersey have had to pay out more than $42 million over the last 10 years because of police criminality and abuse, according to a new series of investigative reports by the Asbury Park …
Article • April 19, 2018 • from CLN May, 2018
First Circuit Modifies Emergency Aid Doctrine for Warrantless Entry of a Home by Richard Resch by Richard Resch The U.S. Court of Appeals for the First Circuit modified its position on the emergency aid exception to the Fourth Amendment’s warrant requirement by announcing: “officers seeking to justify their warrantless entry …
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