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Article • February 16, 2018 • from CLN March, 2018
Massachusetts Supreme Court: Permanent Ban on Sealing Record of Sex Offender Unconstitutional by Dale Chappell by Dale Chappell In 1995, Kristi Koe was convicted of rape and abuse of a child. The underlying acts occurred in 1990. The Sex Offender Registry Board (“SORB”) recommended she be classified as a level …
Article • February 16, 2018 • from CLN March, 2018
Rhode Island Supreme Court Rules “Backseat Driver” Is a Real Thing Under Criminal Statutes by Christopher Zoukis by Christopher Zoukis The Rhode Island Supreme Court has determined that a passenger in the back seat of a vehicle who lunges forward and jerks the steering wheel qualifies as an “operator” of …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Searches
Iowa Supreme Court: Search of Third-Party at Premises Subject to Warrant Violates State Constitution by Richard Resch by Richard Resch Police obtained a search warrant for a residence. Jeffrey Sickles was identified as a person to be searched in the warrant. An attached police affidavit stated that his sister listed …
Article • February 16, 2018 • from CLN March, 2018
Survival Tip: Don’t Call Cops If You’re Disabled by Dale Chappell by Dale Chappell Because police are trained to shoot first and ask questions later, calling on them to defuse a situation involving someone with special needs should be a last resort. The problem is that when cops are trained …
Article • February 16, 2018 • from CLN March, 2018
San Francisco and San Diego Expunging Marijuana Convictions Under Prop 64 by San Francisco District Attorney George Gascón is acting upon a provision of Proposition 64 that has received relatively little media attention but is nonetheless extremely significant for tens of thousands of individuals—reduction, dismissal, or expungement of certain previous …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Forfeiture
Ninth Circuit: Government Cannot Seize Cash Based Solely on Money’s Intended Use by Christopher Zoukis by Christopher Zoukis The Ninth Circuit Court of Appeals ruled that the Eighth Amendment to the U.S. Constitution prohibits the government from seizing cash intended for drug use unless some step was taken toward actually …
Unjust Sexual Offense Laws: Insanity and Hope by Ken Abraham, Brenda Jones by Ken Abraham and Brenda Jones Unjust Laws Over the past 25 years, the U.S. has developed a pernicious system of sexual offense laws, including increased sentences and public registries of offenders. Based largely on unfounded hysteria surrounding …
Article • February 16, 2018 • from CLN March, 2018
Oregon Appeals Court: Defense Counsel Constitutionally Inadequate in Sexual Abuse Case by Mark Wilson by Mark Wilson The Oregon Court of Appeals upheld a post-conviction court’s judgment that a criminal defendant was denied effective assistance of trial counsel when his lawyer failed to object to an expert witness vouching for …
Article • February 16, 2018 • from CLN March, 2018
Ninth Circuit Warns Prosecutors Against Interfering With Defendants’ Legal Representation; Reverses First-Degree Murder Convictions by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit determined that James Michael Wells did not receive a fair trial, reversed his first-degree murder convictions, and remanded for a new …
Article • February 16, 2018 • from CLN March, 2018
$5.5 Million Verdict Against LAPD for Taser Death of Former Marine by Derek Gilna by Derek Gilna The City of Los Angeles has beenhit with a $5.5 million jury verdict in November of 2017 for the death of a former Marine who was Tased six times in a row by …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Public Defenders
Overworked Missouri Public Defenders Fear Suspensions and Firing by Mark Wilson by Mark Wilson "They just demonstrated they’re going to prosecute us, and the Supreme Court just demonstrated that they’re going to punish us,” said Michael Barrett, director of the Missouri public defender system, in response to the suspension of …
Prosecutor’s “Animosity” Toward Defense Leads Oregon Appeals Court to Vacate Convictions by Mark Wilson by Mark Wilson The Oregon Court of Appeals concluded that a prosecutor’s criticism of defense counsel during closing argument “crossed the boundary of permissible argument and prejudiced defendant’s right to a fair trial.” Doug Brunnemer was …
Article • February 16, 2018 • from CLN March, 2018
$9.5M Settlement Approved by Chicago City Council for Yet Another Excessive Force Case by Derek Gilna by Derek Gilna The Chicago City Council approved yet another multi-million dollar settlement for excessive force on September 5, 2017, but this time, some members complained about the steep tab.   Jose Lopez was rendered …
Article • February 8, 2018
Public Records in Private Accounts Subject to PRA Disclosure by David Reutter The Vermont Supreme Court held that “public records” under the Public Records Act (PRA) include any documents generated in the course of public agency business, even if the record is stored in a private account. The court held …
Article • February 8, 2018
FOIL Exemption Applies to Civil and Criminal Law Enforcement by David Reutter by David Reutters A New York appellate court held that the New York State Education Department correctly redacted or exempted public records compiled for auditing special education costs because they were compiled for civil law enforcement purposes. The …
Article • February 8, 2018
$25 Million Verdict for Shooting by NY Cop by David Reutter by David Reutter In 2015, a New York jury awarded $25.2 million in a lawsuit alleging a New York police officer’s excessive use of force in a false arrest. An officer using excessive force inflicted a gunshot wound that caused paraplegia. …
Article • February 8, 2018
Filed under: False Arrest
Florida Sheriff Threatens Arrest of Refugees from Hurricane by David Reutter by David Reutter A looming disaster from Hurricane Irma, which was the strongest storm on record, would seem a time when everyone would bind together to assure the safety of all. Florida’s Polk County Sheriff Grady Judd used the …
Article • February 8, 2018
Organizations Acting as Government Subject to Public Records, Open Meetings Laws by David Reutter by David Reutter A Tennessee Court of Appeals reversed a trial court’s decision that the Jefferson County Economics Development and Oversight Committee, Inc. (EDOC) is not subject to provisions of the State Public Records and Open …
Article • January 19, 2018 • from CLN February, 2018
Secret ATF Slush Fund Dispensed Millions by Christopher Zoukis by Christopher Zoukis An explosive investigation by The New York Times has revealed the existence of a secret account used by agents at the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) to dispense millions of untraceable private dollars to informants …
Article • January 19, 2018
South Carolina Supreme Cancels Thousands of Bench Warrants Due to Constitutional Violations by Christopher Zoukis by Christopher Zoukis Thousands of arrest warrants have been recalled by county magistrates and municipal judges across the state after South Carolina Supreme Court Chief Justice Donald Beatty issued new instructions to local magistrates. On …
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