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Article • July 7, 2019
Groups Challenge Face Recognition Algorithm in Florida Case by Kevin Bliss by Kevin Bliss The ACLU, the Electronic Frontier Foundation, the Georgetown Center on Privacy and Technology, and the Innocence Project have teamed up to battle the Florida court system over the constitutional right to confront a defendant’s accuser when …
PLN v. Cook County, IL, Settlement, Censorship, 2018
Article • June 22, 2019
Study Questions the Reliance on Comparison Testimony at Trial by Dale Chappell by Dale Chappell  The FBI admitted that its hair-sample analysts were wrong 95 percent of the time when comparing hair samples in approximately 3,000 cases. This included 32 death penalty cases. A 2012 study by the Pennsylvania Innocence …
Ohio Mayor’s Courts Are Huge Sources of Unjust Revenues by Edward Lyon by Ed Lyon U.S. jurisprudence generally strives to avoid conflicting interests and even the appearance of impropriety. This practice apparently does not apply to the system of mayor’s courts in Ohio. Reminiscent of ancient Star Chamber of England, …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Trials
D.C. Circuit Holds Expert’s False Testimony ‘Material,’ Allowing Challenge to Four-Decade-Old Murder Conviction by Dale Chappell by Dale Chappell The Government’s key expert’s false hair-comparison testimony that likely swayed a jury to convict was held to be “material” because it was the primary piece of evidence to contradict the defense …
Article • June 17, 2019
Filed under: Trials
New Jersey Supreme Court Holds Months-Long Delay Between Interrogations Not a ‘Break in Custody’ to Avoid Miranda Rights for Pretrial Detainee by Dale Chappell by Dale Chappell Concluding that there is a difference between those in prison and those in pre-trial detention, the Supreme Court of New Jersey held that …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Trials
Hawai’i Supreme Court Announces New Rule Requiring Tachibana Colloquy in All Trials by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i announced a new rule beginning April 10, 2019, that all trial courts are required to conduct an on-the-record colloquy regarding the right to testify or to not …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Trials
Second Circuit Holds Government’s Misleading Disclosure of Inculpatory Statement Requires New Trial by Dale Chappell by Dale Chappell The U.S. Circuit Court of Appeals for the Second Circuit ruled that the Government’s inaccurate pre-trial disclosure under Rule 16(a)(1)(A) of the Federal Rules of Criminal Procedure to defense counsel, which prompted …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Trials
11th Circuit Holds Conviction Under Georgia’s Aggravated Assault Statute Is Not a ‘Crime of Violence’ When Based Upon a Mens Rea of Recklessness by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit held that convictions under Georgia’s aggravated assault statute, O.C.G.A. § 16-5-21(a)(2), that …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Defenses
Arkansas Supreme Court Rules Justification Defense Available When Charged With Manslaughter by David Reutter by David Reutter The Supreme Court of Arkansas held that the defense of justification is available to a defendant charged with manslaughter if the defendant was not reckless or negligent in forming the belief that force …
Article • June 17, 2019 • from CLN July, 2019
North Dakota Supreme Court Reinstates Postconviction Relief Application Dismissed Without Notice of Motion for Summary Disposition by Matthew Clarke by Matt Clarke   The Supreme Court of North Dakota held that a district court erred when it dismissed a prisoner’s application for postconviction relief after the State filed its answer …
Article • June 17, 2019 • from CLN July, 2019
Fourth Circuit Rules Government Breached Plea Agreement When It Failed to Honor Its Drug Conduct Stipulation at Sentencing by Chad Marks by Chad Marks The U.S. Court of Appeals for the Fourth Circuit ruled that the Government breached its plea agreement with the defendant by failing to honor its drug …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Appeals, Constitution, U.S.
Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exceptions Required by Law So that a Defendant Has Notice by Punch & Jurists by Punch & Jurists In Chua, …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Trials, Police
Jury Takes Just 9 Minutes to Find Man Who Blared ‘F--k tha Police’ Toward Cops Not Guilty by Dale Chappell by Dale Chappell It took a jury just nine minutes to come back with a verdict of “not guilty” in the trial of a man charged with blaring the 1988 …
Filing • June 7, 2019
HRDC v. BOP, D.C., Settlement, FOIA Request, 2019 Case 1:18-cv-01064-JEB Document 14-1 Filed 06/07/19 Page 1 of 3 Case 1:18-cv-01064-JEB Document 14-1 Filed 06/07/19 Page 2 of 3 Case 1:18-cv-01064-JEB Document 14-1 Filed 06/07/19 Page 3 of 3
Filing • June 7, 2019
HRDC v. BOP, D.C., Dismissal, FOIA Request, 2018 Case 1:18-cv-01064-JEB Document 14 Filed 06/07/19 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) HUMAN RIGHTS DEFENSE CENTER, ) ) Plaintiff ) ) Civil Action No. 18-1064 (JEB) v. ) (ECF) ) BUREAU …
Publication • June 1, 2019
Paid in Full- A Plan to End Money Injustice in New Orleans, Vera Institute of Justice, 2019 Paid in Full: A Plan to End Money Injustice in New Orleans Jon Wool, Alison Shih, and Melody Chang June 2019 The following organizations endorse this report and its recommendations: ADL South Central …
Filing • May 28, 2019
HRDC v. USDHHS, D.C., Complaint, FOIA Litigation, 2019 Case 1:19-cv-01551-ABJ Document 1 Filed 05/28/19 Page 1 of 6 UNITED STATES DISCTRICT COURT FOR THE DISTRICT OF COLUMBIA HUMAN RIGHTS DEFENSE CENTER 1028 N. Federal Highway Lake Worth, FL 33460 ) ) ) ) Plaintiff, ) ) v. ) ) United …
Filing • May 23, 2019
HRDC v. U.S. Park Police, D.C., Complaint, FOIA Request, 2019 Case 1:19-cv-01502 Document 1 Filed 05/23/19 Page 1 of 6 UNITED STATES DISCTRICT COURT FOR THE DISTRICT OF COLUMBIA HUMAN RIGHTS DEFENSE CENTER 1028 N. Federal Highway Lake Worth Beach, FL 33460 ) ) ) ) Plaintiff, ) ) v. …
Article • May 15, 2019 • from CLN June, 2019
Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard by Chad Marks by Chad Marks The Supreme Court of Delaware held that a defendant’s Sixth Amendment right to assistance of counsel was violated by trial counsel’s near-total absence during the pretrial stage …
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