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First Circuit Holds Government Breached Plea Agreement With Defendant by Failing to Explain Why It Agreed to Substantial Downward-Variant Sentence by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit held that the Government violated the terms of its plea agreement with a defendant where …
Woman Left Handcuffed in Parked Cop Car Struck by Train Settles Suit for $8.5 Million by Douglas Ankney by Douglas Ankney On June 5, 2024, Plaintiff Yareni Rios-Gonzalez agreed to accept payment of $8.5 million from Defendants Town of Platteville, Colorado, and the City of Fort Lupton to settle her …
Article • September 1, 2024 • from CLN September, 2024
California Court of Appeal: In SB 483, Legislature Intended to Prohibit Prosecution Withdrawing Plea Agreement for Any Sentence Reduction in § 1172.75 Resentencing Hearing, Even Reductions Based on Code Provisions Not Enacted by SB 483—Deepening Split in by David Reutter by David M. Reutter The Court of Appeal of California, …
The FBI Really Doesn’t Want the Public to Know About This Surveillance Device by Michael Thompson by Michael Dean Thompson The American Civil Liberties Union (“ACLU”) successfully sued for access to FBI information regarding cell-site simulators (“CSS”). For years, the FBI has used nondisclosure agreements (“NDA”) to hide their use …
Article • September 1, 2024 • from CLN September, 2024
New Mexico Supreme Court Holds Double Jeopardy Applies When Prosecutor’s Misconduct Willfully Disregarded Resulting Mistrial by Matthew Clarke by Matt Clarke The Supreme Court of New Mexico reversed two counts of criminal sexual contact with a minor and one count of child abuse under NMSA 1978, §§ 30-­9-­13(B)(1) (2003) and 30-­6-­1(D) …
Article • September 1, 2024 • from CLN September, 2024
Third Circuit Announces Rehaif Applies Retroactively to Cases on Collateral Review and Rules Second-in-Time § 2255 Petition Not Successive Where Defendant Resentenced Prior to Second Petition by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit held that a federal prisoner’s second-in-time habeas corpus petition …
Article • September 1, 2024 • from CLN September, 2024
Ninth Circuit Announces Issues Not Raised in Prior Appeal Are Not Waived on Subsequent Appeal Following De Novo Resentencing by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit held that issues not raised in a prior appeal are …
Article • September 1, 2024 • from CLN September, 2024
Law Review Article Reports Metadata on Victims of Coercive Plea Bargaining by Matthew Clarke by Matt Clarke An article published in the American University Law Review examines victims of coercive plea bargaining using extensive data from psychological studies and surveys. In doing so, it goes beyond the obvious victims—innocent defendants …
Article • September 1, 2024 • from CLN September, 2024
Maryland Governor Pardons Thousands of Low-Level Marijuana Convictions, Seeking to Right Historical Wrongs by Jo Ellen Nott by Jo Ellen Nott On June 17, 2024, Democratic Governor Wes Moore signed an executive order in Annapolis to issue more than 175,000 pardons for low-level marijuana convictions, seeking to rectify “historical wrongs” …
Article • September 1, 2024 • from CLN September, 2024
The Steady Slide Towards Tyranny: How Freedom Dies from A to Z by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead, The Rutherford Institute—Commentary “As I look at America today, I am not afraid to say that I am afraid.” —Former presidential advisor Bertram Gross The American governmental …
Article • September 1, 2024 • from CLN September, 2024
Push Notifications: Yet Another Secret Surveillance Technique by Michael Thompson by Michael Dean Thompson According to what Cooper Quentin who is a technologist at the Electronic Frontier Foundation told the Washington Post, the government has promised they will only use this latest tool for the most grievous crimes. We have …
California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393 by Matthew Clarke by Matt Clarke The Court of Appeal of California, Fourth Appellate …
Filing • August 30, 2024
Human Rights Defense Center v. Centurion Corr. Healthcare, NM, Order on Summary Judgment, Public Records, 2024 FILED 1st JUDICIAL DISTRICT COURT Santa Fe County 8/30/2024 9:27 AM KATHLEEN VIGIL CLERK OF THE COURT Jill Nohl STATE OF NEW MEXICO COUNTY OF SANTA FE FIRST JUDICIAL DISTRICT COURT HUMAN RIGHTS DEFENSE …
Brief • August 30, 2024
Human Rights Defense Center v. Centurion Corr. Healthcare, NM, Order on Summary Judgment, Public Records, 2024 FILED 1st JUDICIAL DISTRICT COURT Santa Fe County 8/30/2024 9:27 AM KATHLEEN VIGIL CLERK OF THE COURT Jill Nohl STATE OF NEW MEXICO COUNTY OF SANTA FE FIRST JUDICIAL DISTRICT COURT HUMAN RIGHTS DEFENSE …
Morris v. Aranas, et al., NV, Verdict Form, Deliberate Indifference (Medical/Failure to Protect), 2024 Case 3:18-cv-00310-CLB Document 188 Filed 08/29/24 Page 1 of 5 _ _ FILED _ _ ENTERED ___ RECEIVED _ _ SERVED ON COUNSEUPARTiES OF RECORD UNITED STATES DISTRICT COURT 1 DISTRICT OF NEVAD 2 *** 3 …
Brief • August 20, 2024
State v. Trejo, FL, Juvenile Resentencing Order, Miller Resentencing, 2024 Filing # 205089436 E-Filed 08/20/2024 09:17:08 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA STATE OF FLORIDA, CASE NO.:50-2007-CF-017817-JXXX-MB CRIMINAL DIVISION (S) – Circuit vs. ROBERTO TREJO, Defendant. _______________________________/ JUVENILE RESENTENCING …
Article • August 15, 2024 • from CLN September, 2024
Filed under: Drug Testing
Hair Drug Testing: New Approach Differentiates Deliberate Ingestion or Introduction From Environmental Exposure by Jo Ellen Nott by Jo Ellen Nott Drug testing is a commonly accepted form of compliance control used widely in the U.S. It is used in criminal investigations, child welfare checks, and probation or parole monitoring. …
Article • August 15, 2024 • from CLN September, 2024
California Court of Appeal: Defendant’s Conversation With Officers Not Consensual Based on Officers’ Positioning and Manner of Approaching Legally Parked Vehicle so Evidence Obtained Resulting From Conversation Must Be Suppressed by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, ruled that Jeremiah Paul’s conversation …
Article • August 15, 2024 • from CLN September, 2024
Behavioral Health Experts Claim Head Movement While Speaking Indicator Whether Women Are Psychopathic by Douglas Ankney by Douglas Ankney According to the authors of a study from the University of New Mexico, “[n]onverbal behaviors (i.e., head dynamics) represent an important, yet understudied, form of communication that may enhance our ability …
The Catch-22 of Qualified Immunity by Douglas Ankney by Douglas Ankney Judge Don Willett of the U.S. Court of Appeals for the Fifth Circuit and Judge Carlton Reeves of the U.S. District Court for the Southern District of Mississippi have authored opinions excoriating the doctrine of qualified immunity (“QI”). QI …
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