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Article • February 22, 2018
Sheriff's Officials Indicted After Abusive School Drug Sweep by Derek Gilna by Derek Gilna An unprecedented school-wide  sweep of Worth County High School by Worth County, Georgia, Sheriff's officials on April 14, 2017,  allegedly carried out to search for drugs came up empty, but instead resulted in charges filed against  …
Article • February 22, 2018
67 Counts for Cop Who Had Sex With Underage Girl by Christopher Zoukis by Christopher Zoukis Raul Olmeda, a three-and-a-half year veteran of the NYPD, has been arrested and charged with paying an underage girl for sex and recording the incidents. According to the New York Daily News, the 40-year-old …
Article • February 22, 2018
Filed under: Police Misconduct, Police
Cop Who Firebombed Supervisor's House Gets 20 Years by Christopher Zoukis by Christopher Zoukis A rogue police officer from the Edison, New Jersey police department has been sentenced to 20 years in prison following his guilty plea to a string of violent offenses, including the firebombing of his boss's house. …
Report: Police Killings on the Rise by Christopher Zoukis by Christopher Zoukis A report from KilledByPolice.net, a website that tracks police killings, indicates that the number of such killings is up as compared to last year. According to the site, police have killed 884 people as of September 26, 2017. …
Article • February 22, 2018
Cleveland Policeman With History of Excessive Force Arraigned on Assault Charges by Derek Gilna by Derek Gilna Criminal justice experts generally agree that past behavior is the best predictor of future action, and the history of Cleveland police Sgt. Christopher Graham seems to bear that out.  Graham was charged with …
Article • February 16, 2018 • from CLN March, 2018
Civil Asset Forfeiture: Unfair, Unjust, Un-American by Christopher Zoukis by Christopher Zoukis Founding Father George Mason once said, “When the same man, or set of men, holds the sword and the purse, there is an end of liberty.” Mason, along with many other founders of the United States of America, …
Article • February 16, 2018 • from CLN March, 2018
News in Brief by California: In Sun Valley, Juan Catalan was nearly convicted of a murder he did not commit. After an eyewitness led police to Catalan, they arrested and interrogated him. Catalan is brothers with Mario Catalan and Jose Ledesma, who allegedly committed two murders. Police suspected Catalan of …
Article • February 16, 2018 • from CLN March, 2018
Driver’s License Required for Conviction as Florida Habitual Traffic Offender by David Reutter by David Reutter The Florida Supreme Court held that possession of a driver’s license is a prerequisite to a conviction as a habitual traffic offender under section 322.34(5), Florida Statutes. Daryl Miller was charged with a third …
Article • February 16, 2018 • from CLN March, 2018
Filed under: DNA Testing/Samples
DNA Sketches Answer Prayers, Raise Concerns by Dale Chappell by Dale Chappell When Chantay Blankinship was killed in May 2016 in Brown County, Texas, the police had no leads other than DNA found at the crime scene. Her family isolated themselves out of fear the killer could be right next …
Article • February 16, 2018 • from CLN March, 2018
Research Needed: Do Drug Dogs Respond to Drugs or Handler? by Christopher Zoukis by Christopher Zoukis The use of drug detecting dogs in law enforcement is ubiquitous across the country. They are a popular tool among police agencies, because a drug dog’s “alert” provides the probable cause necessary to legally …
Article • February 16, 2018 • from CLN March, 2018
Questioning the Use of DNA Testing Software in Criminal Prosecution by Christopher Zoukis by Christopher Zoukis The use of DNA evidence in criminal trials has become ubiquitous. Because DNA evidence is highly persuasive to judges and juries, several new tests purport to make positive DNA matches using minuscule amounts of …
Article • February 16, 2018 • from CLN March, 2018
Maine Supreme Court: State Must Provide Evidence to Support Probation Revocation by Dale Chappell by Dale Chappell The State carries the burden of proving that a probationer has violated his probation in order to support a revocation of probation, the Maine Supreme Court held on December 12, 2017. Cory Kibbe …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Criminal Procedure
Texas Court of Criminal Appeals: Right to Appeal Judge’s Questioning Not Forfeited by Failure to Object by Dale Chappell by Dale Chappell The right to appeal a judge’s improper questioning of a witness during trial was not forfeited by the defendant’s failure to object contemporaneously because such an error is …
Article • February 16, 2018 • from CLN March, 2018
Washington Court of Appeals Reverses Murder Conviction Due to Prejudicial PowerPoint by Richard Resch by Richard Resch The Washington Court of Appeals, Division I determined that the use of specific PowerPoint slides intended to establish the characters of defendant and victim and their actions in conformity therewith amounted to prosecutorial …
Article • February 16, 2018 • from CLN March, 2018
Louisiana Indigent Defendants Face Death Penalty Without Lawyers by Christopher Zoukis by Christopher Zoukis The indigent defense crisis in Louisiana continues, but it is now taking a new and more ominous direction. In order to fund local public defenders, the state has taken $3 million from capital defenders, leaving at …
Article • February 16, 2018 • from CLN March, 2018
Two-Party Consent Law Forces Dismissal of 61 Cases in Washington Sting by Sixty-one of 110 men arrested in an ambitious prostitution sting in Bellevue, Washington in August 2017 have had their cases dismissed. Police who made the arrests recorded audio of part of the operation in violation of Washington state …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Criminal Procedure
Georgia Supreme Court Reverses Mutually Exclusive Guilty Verdicts by Christopher Zoukis by Christopher Zoukis The Georgia Supreme Court answered an unusual, yet significant, question on December 11, 2017. Can a conviction that requires proof that a rental car was stolen outside of the state coexist with a conviction that requires …
Article • February 16, 2018 • from CLN March, 2018
Few Indigent Defendants Have Lawyer at Arraignment by Mark Wilson by Mark Wilson "Giving defendants a lawyer, treating them with respect, and honoring the Constitution give them more confidence in what we’re trying to do,” observes Michigan District Court Judge Tom Boyd. “That starts with giving them the respect they …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Criminal Procedure
Ohio Supreme Court: Courts Can Seal Case Records Prior to Expiration of Statute of Limitations by Dale Chappell by Dale Chappell A trial court may seal the records of a person whose case has been dismissed without prejudice before the statute of limitations for the offense expires, the Ohio Supreme …
Article • February 16, 2018 • from CLN March, 2018
Massachusetts Supreme Court: Sleeping Juror Is “Structural Error,” Requires Intervention by Dale Chappell by Dale Chappell The Massachusetts Supreme Court reversed convictions for involuntary manslaughter and assault and battery and ordered a new trial because the trial judge failed to conduct voir dire after the prosecutor advised that some jurors …
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