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Article • March 29, 2018
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 …
Oregon Police Illegally Enter, Search, Issue Bogus Citation by Edward Lyon by Edward B. Lyon At 2:30 a.m. on November 26, 2002,  Eugene, Oregon policemen Roger Maganana and Melvin Thompson attempted to enter Phillip Piper's apartment by subterfuge. Not allowed in/ they obtained police sergeant William Harris' permission to enter the residence for a …
Arrested, Held Incommunicado, Oregon Man Sues by Edward Lyon by Edward B. Lyon John Haga of Florence, Oregon was arrested based on a probable cause statement--not a warrant--on January 14, 2000. The offense was a misdemeanor assault. A complainant and a witness told a state police officer, who otherwise had no personal knowledge of …
Article • March 19, 2018
$13,500 to Oregon Woman for Wrongful Arrest, Unlawful Search by Edward Lyon by Edward B. Lyon Eugene, Oregon, police officers entered the home of a local woman without a warrant. Following an illegal search of the residence, they reportedly discovered a small amount of marijuana and placed her under arrest …
Indigent Defense in America: An Affront to Justice by Christopher Zoukis by Christopher Zoukis The Sixth Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall have the right ... to have the Assistance of Counsel for his defense.” What exactly the “right” to counsel in …
Article • March 16, 2018 • from CLN April, 2018
News in Brief by California: California AttorneyGeneral Xavier Becerra announced on February 20 that he will not appeal a landmark decision on excessive bail. This decision came a month after the First District Court of Appeal ruled on a case involving 64-year-old Kenneth Humphrey, who had bail set at $350,000 …
Article • March 16, 2018 • from CLN April, 2018
Mississippi Supreme Court Caps Attorney’s Fees in Wrongful Conviction Cases at 25% by The Mississippi Supreme Court held that the state statute governing attorney’s fees in wrongful conviction and imprisonment cases sets out an escalation of fees tied to each stage of the case with the fee award capped at …
West Virginia Supremes: Previous Nonviolent Crimes, Life Sentence Unconstitutional by Dale Chappell by Dale Chappell The Supreme Court of Appeals of West Virginia held that a life sentence based on two prior driving on a revoked license felonies violated the West Virginia Constitution’s provision that “[p]enalties shall be proportioned to …
Fourth Circuit: No Qualified Immunity for Deputies in Shooting of Armed Suspect by Dale Chappell by Dale Chappell An officer does not possess the unfettered authority to shoot a member of the public simply because that person is carrying a weapon,” the U.S. Court of Appeals for the Fourth Circuit …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Criminal Procedure
California Court of Appeal Holds State Must Prove Stolen Car’s Value for Felony Theft of Vehicle Conviction by Dale Chappell by Dale Chappell On January 23, 2018, the Court of Appeal of California, Fifth Appellate District, held that theft of a vehicle worth less than $950 was not a felony …
Article • March 16, 2018 • from CLN April, 2018
Don't Take a Genetic Test Without Reading This First by The genetic testing company 23and­Me has reported that law enforcement agencies have requested the data of five individuals. The news raises concerns that the data from private companies like 23andMe and Ancestry.com could be turned over to police without the …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Police Misconduct
“Get Out of Jail” Free Cards for Cops’ Family, Friends Cut by Christopher Zoukis by Christopher Zoukis The Patrolmen’s Benevolent Association (“PBA”), New York City’s largest police union, cut the number of “get out of jail free” cards given to officers for their friends and family. In years past, cops were …
Article • March 16, 2018 • from CLN April, 2018
Even Prosecutors Can’t Get Secret List of L.A. Cops With Credibility Problems by Dale Chappell by Dale Chappell Los Angeles County Sheriff Jim McDonnell wants to give a secret list of approximately 300 untrustworthy cops to the Los Angeles County District Attorney’s Office, so prosecutors know who not to call …
Article • March 16, 2018 • from CLN April, 2018
Sixth Circuit: Sentence Enhancement Inapplicable, Sales of Guns and Drugs Separate by Dale Chappell by Dale Chappell Where the negotiation of each transaction was “fully consummated” before the next, the sale of guns and drugs separately was not enough to apply a guideline enhancement, the Sixth Circuit held December 5, …
Article • March 16, 2018 • from CLN April, 2018
Filed under: War on Drugs
Philly Decriminalizes Possession of Small Amounts of Marijuana by Christopher Zoukis by Christopher Zoukis Since 2014, police in Philadelphia, Pennsylvania have had the option of issuing a $25 fine in lieu of arresting a citizen found in possession of a small amount of marijuana. In 90 percent of all such …
Article • March 16, 2018 • from CLN April, 2018
Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness by Derek Gilna by Derek Gilna Judicial proceedings are governed by strict rules, but none is more burdensome to convicted offenders than having their testimony disregarded because of a prior felony conviction. Federal proceedings are governed by …
Article • March 16, 2018 • from CLN April, 2018
New York Court of Appeals: Defendant Denied Right to Speedy Trial After 6-Year Delay by Richard Resch by Richard Resch On May 24, 2008, Reginald Wiggins and codefendant Jamal Armstead were involved in an altercation in which a 15-year-old bystander was shot and killed. They were arrested and charged with …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Forfeiture
Texas Supremes: Possession of Gun Does Not Constitute “Use” Under Forfeiture Statute by Dale Chappell by Dale Chappell The Supreme Court of Texas held that a Texas county commissioner’s misdemeanor conviction for possession of a firearm did not constitute “use” of a firearm under the forfeiture statute, and thus forfeiture …
Article • March 16, 2018
Inadequate Public Defender Offices Prompt ACLU Suit by Dale Chappell by Dale Chappell "Innocent until proven guilty” is a “cruel and hollow motto when you don’t have an adequate defense, and the government is employing its vast resources to lock you up and take away your freedom,” the ACLU says …
Article • March 16, 2018 • from CLN April, 2018
Mass. Supremes: Consent to Search in Vehicle Did Not Extend to Engine by Richard Resch by Richard Resch The Supreme Judicial Court of Massachusetts held that consent to search inside a vehicle does not authorize the police to search under the hood of the vehicle. On January 23, 2015, two …
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