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Article • March 18, 2020 • from CLN April, 2020
New Lie Detectors Are On the Way, But Are They Better Than the Old One? by Anthony Accurso by Anthony Accurso  New “lie detectors” are being marketed as viable replacements for the aging, debunked polygraph and are being tested in environments where the polygraph never penetrated. But questions remain whether …
Article • March 18, 2020 • from CLN April, 2020
California Supreme Court: Positioning Computer Monitor to Obstruct Defendant’s View of Complaining Witness Violates Confrontation Clause by Douglas Ankney by Douglas Ankney The Supreme Court of California ruled that repositioning a computer monitor so that it blocked the defendant’s view of the witness testifying against him violated the Confrontation Clause. …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Costs
Ohio Supreme Court: Ineffective Assistance of Counsel Analysis Applies to Failure to Seek Waiver of Court Costs by David M. Reutter by David M. Reutter The Supreme Court of Ohio held that when trial counsel fails to request a waiver of costs on behalf of a defendant who has previously …
Article • March 18, 2020 • from CLN April, 2020
Massachusetts Supreme Judicial Court: Police Must Inform Arrested Driver That Passenger Can Assume Custody of Vehicle if Lawful and Practical as Alternative to Impoundment by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts ruled that, where officers are aware that a passenger could lawfully assume control of …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Traffic stop
California Court of Appeal: Hunch That Proves Correct Is Not Reasonable Suspicion for Traffic Stop by Douglas Ankney by Douglas Ankney Division Two of the Fourth Appellate District for the California Court of Appeal ruled that an officer must have reasonable suspicion based on articulable facts to initiate a traffic …
Article • March 18, 2020 • from CLN April, 2020
Sex Offenders Go to W.A.R. by Edward Lyon by Ed Lyon  Seventy-two-year-old grandmother Vicki Henry has a mission in life. Because of what she perceives as injustices affecting her son, who is serving a 25-year sentence on child pornography convictions, she aims to do away with all public sex-offender registries. …
Article • March 18, 2020 • from CLN April, 2020
New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants by Chad Marks by Chad Marks Securus Technologies, one of the leading providers of phone-messaging services for correctional facilities, reportedly captured thousands of coordinates showing cellphone locations for clients absent a warrant. Through Securus, both Jefferson and Orleans Parish sheriff’s offices were …
Article • March 18, 2020 • from CLN April, 2020
Nevada Supreme Court: Duress Defense May be Used for Non-Death Penalty Charges, Even When Connected to Charges Punishable by Death by Dale Chappell by Dale Chappell The Supreme Court of Nevada held on December 26, 2019, that the defense of duress — as codified in NRS 194.010(8) but is not …
Article • March 18, 2020 • from CLN April, 2020
Reform-Minded Prosecutors Use Charging Discretion to Benefit Communities by Anthony Accurso by Anthony Accurso  Now that the nation is evolving from “tough on crime” to “smart on crime” tactics, reform-minded prosecutors are making big changes by exercising their discretion on how and when to prosecute low-level offenders.  At the highest …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Appeals, Sentencing
Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review by Michael Berk by Michael Berk The Supreme Court of Kansas held that a court of appeals must consider a claim that a criminal defendant’s sentence is illegal even when raised for the …
Article • March 18, 2020 • from CLN April, 2020
Pennsylvania Supreme Court Holds Retention of Defendant’s ID Card Constitutes ‘Seizure’ for Fourth Amendment Purposes by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania held on January 22, 2020, that the retention of a person’s identification card by law enforcement constituted a “seizure” under the U.S. Constitution, triggering …
Article • March 18, 2020 • from CLN April, 2020
Sex Offender Registries Grounded in False Notions by Anthony Accurso by Anthony Accurso Nigeria is implementing a U.S.-style public registry for sex offenders. “Campaigners have hailed the launch of Nigeria’s first sex-offender registry as a vital step toward tackling reported cases of sexual abuse, which are rising across the county,” …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Arrest and Booking, Police
Third Circuit Holds ‘Bare’ Arrest Record Insufficient to Support Higher Sentence by Dale Chappell by Dale Chappell In a case that reiterated the limits a federal sentencing judge may consider at sentencing, the U.S. Court of Appeals for the Third Circuit held that when a sentencing judge relies on “bare” …
Article • March 18, 2020 • from CLN April, 2020
Filed under: TV/Movies
Fact or Fiction, Television Crime Shows Ignore Racism and Reality by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Both fictional and non-fictional depictions of crime and justice abound on television, film, and throughout the media, yet nearly all exist in an alternate reality ignoring racism and balance. Americans have developed …
Article • March 18, 2020 • from CLN April, 2020
Filed under: junk science
The Faulty Science of Breathalyzers by Jayson Hawkins by Jayson Hawkins  The forensic sciences, once believed to offer infallible evidence against a wide spectrum of crimes, have in many instances been exposed as little more than smoke and mirrors.  To the growing list of faulty, misleading, or disproven methods can …
Article • March 18, 2020 • from CLN April, 2020
Sixth Circuit: Ohio’s Stringent Post-Conviction Filing Deadline Opens Window for Federal Review Under Trevino by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Sixth Circuit held that Ohio’s strict application of its post-conviction challenge deadline deprived a defendant of meaningful review of his ineffective assistance of …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Jury Instructions, Trials
Maryland Court of Appeals Announces, When Requested, Trial Courts Must Ask During Voir Dire Whether Jurors Will Follow Court’s Instructions on Presumption of Innocence, Burden of Proof, and Right Not to Testify by Douglas Ankney by Douglas Ankney On January 24, 2020, the Court of Appeals of Maryland announced that …
Article • March 18, 2020 • from CLN April, 2020
Louisiana Supreme Court: When an Identified Attorney Seeks to Assist a Person in Custody and Police Fail to Inform the Person, Inculpatory Statements Must Be Suppressed by Douglas Ankney by Douglas Ankney The Supreme Court of Louisiana reaffirmed that the law of Louisiana requires law enforcement to inform a person …
Article • March 18, 2020 • from CLN April, 2020
D.C. Circuit: 18 U.S.C. § 1114 Does Not Apply Overseas But § 924(c) Does by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the D.C. Circuit held that 18 U.S.C. § 1114 does not apply to territories outside the United States. However, the Court ruled that 18 …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Trials
Third Circuit: Confrontation Clause Violated When Jury Is Told ‘Other Guy’ Referenced in Non-Testifying Codefendant’s Statement Is the Defendant by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that Arthur Johnson’s right to confront his accusers was violated when his non-testifying codefendant’s statement …
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