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Article • February 16, 2018 • from CLN March, 2018
Filed under: Searches, Police Searches
Idaho Supreme Court: Suspicionless Fishing Expeditions Not Tolerated by David Reutter by David Reutter The Idaho Supreme Court reversed a district court’s denial of a motion to suppress evidence obtained in a suspicionless fishing expedition by the arresting officer. Matthew Cohagan was on a street corner in Nampa, Idaho when …
Article • February 16, 2018 • from CLN March, 2018
Georgia Supreme Court Instructs Federal Courts on Its Habeas Review Process by Richard Resch by Richard Resch On January 16, 2018, the Supreme Court of Georgia issued an instructive per curiam opinion in which it announced the need for it to explain its habeas application review process. According to the …
Article • February 16, 2018 • from CLN March, 2018
Houston Police End Use of Error-Prone Drug Field Tests by Matthew Clarke by Matthew Clarke In the summer of 2017, the Houston Police Department announced that it was ending its longstanding practice of using $2 field test kits for drugs that had frequently been used to persuade defendants to plead …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Wrongful Conviction
After 21-Year Imprisonment, Wrongfully Convicted Nevada Man Pardoned by Christopher Zoukis by Christopher Zoukis Fred Steese spent 21 years in prison for a murder that he did not commit. He was granted an Order of Actual Innocence in 2012, but was released from prison only upon entering an Alford plea—not …
Article • February 16, 2018 • from CLN March, 2018
First Circuit: Plain Error Standard Met When Trial Court Emphasized Erroneous Jury Instruction by Dale Chappell by Dale Chappell The trial court’s repeated inclusion of an erroneous element in the jury instructions amounted to a “plain error,” which led the U.S. Court of Appeals for the First Circuit to vacate …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Bail Bonds
New York Court of Appeals: Bail Bondsmen May Not Keep Premium If Defendant Not Released by New York Court of Appeals ruled that bail bondsmen may not retain the premium paid on a criminal defendant’s behalf when bail is denied and the defendant is not released from custody. In 2011, …
Article • February 16, 2018 • from CLN March, 2018
Use of Sentencing Mitigation Videos Grows by Derek Gilna by Derek Gilna Defendants who plead guilty on both the state and federal level generally are interviewed by the sentencing jurisdiction’s probation department, which seeks background information regarding the criminal history, family history, and health history of the defendant in order …
Article • February 16, 2018 • from CLN March, 2018
DNA Evidence: New Jersey Court Vacates Two 1996 Murder Convictions by Mark Wilson by Mark Wilson After spending 24 years behind bars for murder, Eric Kelley and Ralph Lee walked out of a New Jersey prison in November 2017. Weeks earlier, New Jersey Superior Court Judge Michael Portelli had vacated …
Curb False Confessions: Provide Suspects With Lawyers by Derek Gilna by Derek Gilna According to the nonprofit National Registry of Exonerations, Cook County, Illinois has a false confession rate three times higher than the national average. In November 2017, Cook County Prosecutor Kim Foxx dropped criminal cases against 15 men …
Article • February 16, 2018 • from CLN March, 2018
Fifth Circuit: “Fugitive from Justice” Enhancement Requires Intent to Avoid Prosecution by Dale Chappell by Dale Chappell The government must show that a defendant had the “express intent” in fleeing to avoid prosecution to prove he was a “prohibited person” under the “fugitive from justice” definition with respect to owning …
Article • February 16, 2018 • from CLN March, 2018
Mississippi Capital Murder Conviction Reversed Due to Prosecutorial Misconduct by Christopher Zoukis by Christopher Zoukis The Mississippi Supreme Court reversed the conviction and death sentence of a man accused of the capital murder of a two-year-old child. The reversal resulted from several errors made at trial, as well as the …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Criminal Procedure
Court of Criminal Appeals of Texas: Holds Trial Objection Enough to Preserve Issue for Appeal by Dale Chappell by Dale Chappell When counsel objects at trial to a particular issue—even if it had failed to raise it in a pre-trial written motion—that objection is enough to “preserve” the issue for …
Article • February 16, 2018 • from CLN March, 2018
$2 Million to Disabled Syracuse Man Tased by Cops by Dale Chappell by Dale Chappell The city of Syracuse, New York agreed to settle a lawsuit and pay $2 million to Brad Hulett, a disabled man Tased by city cops after he refused to sit down on a bus. Video …
Article • February 16, 2018 • from CLN March, 2018
Hawaii Supreme Court: Defendants Entitled to Hearing Within 2 Days by Dale Chappell by Dale Chappell There is a “strong presumption” a defendant held in custody beyond two days without a preliminary hearing (or other method to show probable cause), absent “compelling circumstances,” must be released, the Hawaii Supreme Court …
Article • February 16, 2018 • from CLN March, 2018
Seventh Circuit: Capital Case Defendant Denied Pro Se Right Granted Habeas Relief by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Seventh Circuit granted a state prisoner’s petition for habeas corpus relief because the prisoner was denied his right to proceed pro se at trial, in …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Criminal Procedure
Jury Nullification: A Crucial Check on Government Power by Christopher Zoukis by Christopher Zoukis The power of government in everyday American life cannot be overstated. In the criminal justice setting, the government is essentially all-powerful. When accused of a crime, a citizen faces arrest at the hands of armed police, …
U.S. Murder Clearance Rates Among Lowest in the World by Matthew Clarke by Matt Clarke Statistically, U.S. law enforcement agencies are the worst crime solvers in the Western world. According to official data, there are arrests for about one-eighth of burglaries, about one-third of rapes, and about two-thirds of murders. …
Article • February 16, 2018 • from CLN March, 2018
California Legalization of Marijuana Allows Convicted to Petition by Derek Gilna by Derek Gilna Proposition 64, which legalizes the sale of recreational marijuana in the state of California, also has a less publicized benefit for those with state marijuana felonies on their record. It allows them to petition to have …
Article • February 16, 2018 • from CLN March, 2018
Second Circuit Vacates 60-Month Sentence in Model Guidelines Sentencing Decision by This is a model guidelines sentencing decision filled with nuggets of pure gold in which the district judge (Katherine Forrest of the S.D.N.Y.) was sharply rebuked for imposing an above-guidelines sentence in an illegal reentry case that was three …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Criminal Procedure
California Court of Appeal: Prejudice “Presumed” Where Jury Discussed Defendant’s Decision Not to Testify by Dale Chappell by Dale Chappell A jury’s multiple discussions about why a defendant chose not to testify, despite the court’s warnings not to consider them, were sufficient misconduct to presume prejudice, the Court of Appeal …
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