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Article • March 16, 2018 • from CLN April, 2018
Gang Enhancement: California Court Reverses Denial of Motion for New Trial by Derek Gilna by Derek Gilna The Court of Appeal of California, Second Appellate District, Division One, reversed a trial court’s denial of a defendant’s motion for a new trial on the issue of whether or not a gang …
Article • March 16, 2018 • from CLN April, 2018
$900,000 to Octogenarian Tased by Police by Kingstree, South Carolina will pay a $900,000 settlement in a case in which police officers Tased an elderly man. Albert Chatfield, 86, was having an undisclosed mental health issue one day in October 2017. Kingstree police responded, and Chatfield led them on a …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Police Misconduct
Fired New Orleans Cops Just Move to Other Departments by Dale Chappell by Dale Chappell Dozens of New Orleans police officers who have been fired for misconduct were able to keep their badges and guns simply by switching to another police department, according to police personnel files and court documents. …
Article • March 16, 2018 • from CLN April, 2018
U.S. Supreme Court: Guilty Plea No Bar to Defendant Challenging Constitutionality by Richard Resch by Richard Resch The U.S. Supreme Court held that a guilty plea alone does not bar a federal criminal defendant from challenging the constitutionality of his statute of conviction on direct appeal. In September 2013, Rodney …
Article • March 16, 2018 • from CLN April, 2018
Washington Supremes: Former Prisoner Can Take Bar by Derek Gilna by Derek Gilna Tara Simmons overcame the burden of two previous jail sentences, 20 months in prison, a bankruptcy, and a drug addiction to graduate from law school, magna cum laude. She has clearly turned her life around. However, earning …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Second Amendment
Illinois Supremes: Barring Firearms Within 1,000 Feet of Parks Facially Unconstitutional by Richard Resch by Richard Resch In April 2013, Julio Chairez pleaded guilty in connection with a plea agreement to possessing a firearm within 1,000 feet of a park in violation of Section 24-1(a)(4), (c)(1.5) of the Unlawful Use …
Article • March 16, 2018 • from CLN April, 2018
Lack of Criminal Intent: Missouri Supreme Acquits on Drug Possession Charge by Suzanne Bring by Suzanne Bring The Missouri Supreme Court held that there was insufficient evidence to convict the defendant of possession of meth because her mere presence at a residence in which meth was discovered, without more, does …
Article • March 16, 2018 • from CLN April, 2018
Cops Killed 100 Times More Americans Than Terrorists Did in 2017 by Christopher Zoukis by Christopher Zoukis More than 1,000 Americans were killed in 2017 by a particularly violent class of fellow citizens. Some of those killed by these highly trained gunmen were children, and many of them were unarmed. …
Article • March 16, 2018 • from CLN April, 2018
$275,000 to Man Arrested for Recording Police by A federal lawsuit brought for the unlawful arrest of a man who filmed a police raid of his house has been settled for $275,000. Alfredo Valentin was arrested by Manchester, New Hampshire police after he lawfully recorded the raid of his home …
Article • March 16, 2018 • from CLN April, 2018
7 Years Pre-Trial Incarceration: Vacated Convictions by This decision is a rare example of a criminal defendant actually getting permanent relief based on a violation of his speedy trial rights. Joseph Tigano, III and his father, Joseph Tigano, Sr., were arrested on July 8, 2008 on charges related to a …
Article • March 16, 2018 • from CLN April, 2018
Pennsylvania Supreme Court: Police Emergency Lights Next to Parked Car Constitute Seizure by Dale Chappell by Dale Chappell When a Pennsylvania state trooper turned on his emergency lights and pulled next to a car parked on the side of the road, it was an “investigative detention” for which he did …
Article • March 16, 2018 • from CLN April, 2018
California Supreme: “Beyond a Reasonable Doubt” Standard for Second Strike by Edward Lyon by Edward B. Lyon California is well known for its harsh Three Strikes law, which enhances prison terms for certain repeat offenders. Under that law, defendants whose first felony was “serious or violent” are classified as a …
Not Disclosed: NSA-Obtained Evidence by Derek Gilna by Derek Gilna The Intercept has revealed that Foreign Intelligence Surveillance Act (“FISA”) evidence is frequently being used to convict people in federal court without disclosing to defendants that such evidence is being relied upon, as required by federal law. “The FBI frequently searches …
Article • March 16, 2018 • from CLN April, 2018
Video: A Two-Edged Sword by Michael Avery by Michael Avery A great deal has changed since I started bringing civil rights suits against the police almost 50 years ago. Some things are for the better, others for the worse. Unfortunately, there’s also much that hasn’t changed. The cops are still …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Police Misconduct
$4.8 Million Settles Kansas City Police Shooting by Matthew Clarke by Matt Clarke In September 2017, the terms of a $4.8 million confidential settlement between the Kansas City Police Department and an unarmed man whom police officers shot 20 times were made public. The man had sued police for using …
Article • March 16, 2018 • from CLN April, 2018
Pennsylvania Supremes: Modified “Vertical” Approach to Collective Knowledge Doctrine by Richard Resch by Richard Resch In January 2018, the Pennsylvania Supreme Court refined the contours of the collective knowledge doctrine as it exists in the Commonwealth. The doctrine relates to the warrantless seizure of a person by an officer acting as …
Article • March 16, 2018 • from CLN April, 2018
Defense Fails to Present Diminished Capacity, Ninth Circuit Vacates Murder Convictions by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit granted a California state prisoner’s petition for a writ of habeas corpus and vacated the prisoner’s convictions for first degree murder. The Court, in …
Article • March 16, 2018 • from CLN April, 2018
Kansas Supremes: No Lifetime Post-Release Supervision by Derek Gilna by Derek Gilna The Kansas Supreme Court vacated sentences in which the district court had imposed lifetime post-release supervision on a defendant convicted of attempted first-degree murder, first-degree murder, aggravated assault, and illegal use of a communication facility. The Court held …
Article • March 16, 2018 • from CLN April, 2018
Mass. Disciplines Prosecutors: No More Business as Usual by Derek Gilna by Derek Gilna Prosecutorial misconduct is considered a cancer by many criminal justice experts, eating away at the credibility, moral authority, and public support for the criminal justice system. However, the recent actions of the Massachusetts Board of Bar Overseers …
Article • March 16, 2018 • from CLN April, 2018
Miranda Violation: 9th Circuit Reverses Murder Conviction by Christopher Zoukis by Christopher Zoukis The Ninth Circuit Court of Appeals reversed the murder conviction of a 14-year-old boy who confessed to the crime after invoking his right to counsel. The Court concluded that the boy’s Miranda rights were violated. The September …
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