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Article • April 19, 2018 • from CLN May, 2018
Texas Quietly Authorizes Nation’s First Public Safety Employees Treatment Courts by Matthew Clarke by Matt Clarke With little opposition from either party, the Texas Legislature passed HB 3391, authorizing the creation of the nation’s first public safety employees treatment courts. The courts will allow police, firefighters, prison and jail guards, …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Probation
Kansas Supreme Court Nixes Probation After Full Sentence of Confinement Served by Edward Lyon by Edward B. Lyon The Kansas Supreme Court held that under the Kansas Sentencing Guidelines Act (“KSGA”) probation cannot be imposed after the full sentence of confinement has already been served. James Kinder served as the …
Article • April 19, 2018 • from CLN May, 2018
Eleventh Circuit Holds Court May Not Dismiss 2255 Motion by Invoking Collateral Attack Waiver Sua Sponte by Dale Chappell by Dale Chappell A U.S. district court cannot, “of its own volition,” invoke a collateral attack waiver in a plea agreement to dismiss a § 2255 motion, the U.S. Court of …
$300,000 Settlement in Suit Over Death of Intoxicated Man Abandoned by Deputies by Matthew Clarke by Matt Clarke The family of an intoxicated man abandoned by Delaware County, Ohio, sheriff’s deputies at a Taco Bell before he wandered onto a highway and was fatally struck by a vehicle has settled …
Article • April 19, 2018 • from CLN May, 2018
Wisconsin’s 6,000-plus Untested Rape Kits Include Over 2,000 Involving Child Victims by Matthew Clarke by Matt Clarke Wisconsin has a huge backlog of untested rape kits. In 2017, state Attorney General Brad Schimel estimated there were more than 6,300 untested rape kits. The number of rape kits involving allegations of …
Article • April 19, 2018 • from CLN May, 2018
Texas Court of Criminal Appeals: Furtive Gestures, Brief Visit Not Probable Cause by Dale Chappell by Dale Chappell The Court of Criminal Appeals of Texas (“CCA”) held that “furtive gestures” alone did not give police probable cause to search a vehicle under the automobile exception to the Fourth Amendment’s warrant …
Qualified Immunity: The Supreme Court’s Unlawful Assault on Civil Rights and Police Accountability by Jay Schweikert by Jay Schweikert Our primary federal civil rights statute, colloquially called “Section 1983,” says that any state actor who violates someone’s constitutional rights may be sued in federal court. This remedy is crucial not just …
Article • April 19, 2018 • from CLN May, 2018
Asset Forfeitures Fund New York DA’s Office Bonuses by An investigation by Newsday has uncovered records showing bonus payments to Suffolk County, New York district attorney employees that totaled $3.25 million since 2012. The source of those funds? Assets seized in criminal cases. Deputy chief homicide prosecutor Robert Biancavilla received …
Article • April 19, 2018 • from CLN May, 2018
U.S. District Court in Georgia Holds Spousal Testimonial Privilege Applies to Pre-Marital Events by On October 15, 2015, Joshua Davis, who then worked as a Brink’s driver, allegedly stole about $170,000 in credit-union funds skimmed from the collections he picked up at eight ATMs that he and co-worker Naheem Carrington …
Article • April 19, 2018 • from CLN May, 2018
N.C. Supreme Court Rules Deficient Indictment Not Jurisdictional and Issue Can’t be Raised for First Time on Appeal by Dale Chappell by Dale Chappell Deviations from statutory requirements are not jurisdictional and must be “properly preserved” for appellate review and not raised for the first time on appeal, the North …
The Sex Offender Registry: It’s Not What You Think by Sandy Rozek by Sandy Rozek  “Texas sex offender added to 10 most wanted sex offenders list.” “Virginia man arrested for sex crimes after third victim comes forward.” “Arizona sex offender sentenced to 100 years for child porn.”  These are the …
Article • April 19, 2018 • from CLN May, 2018
Congressional Spending Bill Provision ‘Clouds’ Constitutional Rights in Criminal Probes by Steve Horn by Steve Horn Civil liberties advocates have decried a provision tucked into the budget bill recently passed by Congress and signed into law by President Donald Trump, as an end-run around constitutional protections guaranteed under the Fourth …
Article • April 19, 2018 • from CLN May, 2018
Seventh Circuit Finds Plain Error Where Guilty Plea Accepted Without Rule 11 Colloquy by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Seventh Circuit reversed a conviction pursuant to a guilty plea that the district court accepted, but was not accompanied by a Federal Rule of …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Guilty Pleas, Appeals
Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides by Brandon Sample by Brandon Sample, Esq. Rodney Class pleaded guilty to illegally possessing a firearm on the U.S. Capitol grounds. Notwithstanding his guilty plea, Class appealed his conviction to the U.S. Court of Appeals for …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Defenses, Jury Instructions
Texas Court of Criminal Appeals Holds Defendant Entitled to Self-Defense Jury Charge if There is Any Evidence to Support It by Matthew Clarke by Matt Clarke On September 27, 2017, the Court of Criminal Appeals of Texas held that a judge must issue a jury charge on self-defense in a …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Editorials
From the Editor by Richard Resch by Richard Resch This marks our sixth issue of Criminal Legal News. The response has been a pleasant surprise. While we were confident that there was a pressing need for a publication of this type—and that the content of each issue of CLN would …
Article • April 19, 2018 • from CLN May, 2018
N.Y.’s Top Court Clarifies Freedom of Information Exemption for Disclosure of Confidential Sources of Information by Christopher Zoukis by Christopher Zoukis The New York Court of Appeals made an important clarification to an exemption to the state’s Freedom of Information Law (“FOIL”), which restricts access to records compiled for law …
Article • April 19, 2018 • from CLN May, 2018
Filed under: News in Brief
News in Brief by Arizona: An Arizona prosecutor, Juan Martinez, has a reputation for taking ethically questionable actions in his work. Most recently, in his prosecution on behalf of the state against Jodi Arias (convicted of murder), he engaged in sexual relations with two women covering the case in hopes …
Article • April 16, 2018
FBI Training Manuals, Guidelines May Be Exempt from FOIA Disclosure by Matthew Clarke
Article • April 16, 2018
7th Circuit Affirms Dismissal of Illinois Prisoner's Civil Rights Lawsuit by Matthew Clarke
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