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Article • January 19, 2018 • from CLN February, 2018
Ohio Supreme Court: Dismissal Without Prejudice Is a Final and Appealable Order by Dale Chappell by Dale Chappell Counts in a multicount indictment that are dismissed without prejudice do not prevent a judgment of conviction on other counts from being “final and appealable,” the Ohio Supreme Court held. Andrew Jackson …
The Fair Punishment Project Details an “Epidemic of Brady Violations” by Christopher Zoukis by Christopher Zoukis The Fair Punishment Project (“FPP”), a criminal justice reform group, released a report in November 2017 detailing an “epidemic” of Brady violations taking place in criminal courts across the country. The U.S. Supreme Court …
Article • January 19, 2018 • from CLN February, 2018
Misdemeanor Defendants Facing Jail Time Not Told They Have a Right to Counsel, Bar Association Finds by Topher Sanders by Topher Sanders, ProPublica American Bar Association monitors report misdemeanor defendants in Nashville often aren’t told they are entitled to a lawyer even when their charges mean they could end up behind …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Bail, Bail Bonds
Cryptocurrency Leveraged to Help People Make Bail by Derek Gilna by Derek Gilna "Money bail,” the process by which courts seek to guarantee a defendant’s appearance in court by forcing him or her to post money before release, has been under assault on several fronts. Prisoner rights advocates have proven …
Article • January 19, 2018 • from CLN February, 2018
What Is the Number One Duty of a Police Officer? by Christopher Zoukis by Christopher Zoukis There is an oft-quoted and deeply ingrained sentiment in police circles, one whose logic seems unassailable at first glance: The number one duty of a police officer is to go home to his or …
Deaths From Police Shootings Outstrip Deaths From Terrorists Attacks, Wars by Derek Gilna by Derek Gilna Frank Walton, a writer for the Daily Kos, asserts that data compiled and reported by The Guardian newspaper show that since 9/11, deaths from police shootings exceed deaths from terrorist attacks on Americans. According …
Massachusetts Breathalyzer Malfunctions, Evidence Withheld by The Massachusetts Executive Office of Public Safety and Security released a bombshell 126-page report on October 16, 2017 that found a practice of intentionally withholding evidence from defense attorneys by the state’s Office of Alcohol Testing (“OAT”). Melissa O’Meara, technical leader of the office, …
Fifth Circuit Vacates Sex Offender Supervised Release Conditions by Mark Wilson by Mark Wilson The United States Court of Appeals for the Fifth Circuit vacated several sex offender supervised release conditions, finding that the lower court abused its discretion in imposing the conditions. In 1998, Chanda Huor, 16, pleaded guilty …
Article • January 19, 2018 • from CLN February, 2018
Eighth Circuit Reverses Convictions Due to Constructive Amendment of Charges by Mark Wilson by Mark Wilson The United States Court of Appeals for the Eighth Circuit reversed a man’s convictions for interfering with two forestry workers, ruling that the prosecution and court constructively amended his charges. Thomas McDill owned property …
Louisiana Prosecutors’ Traffic Ticket Industry Diverting Funds From Public Defenders by David Reutter by David M. Reutter Pretrial diversion programs have traditionally been used to “divert” criminal defendants to drug rehab and counseling programs. Some Louisiana prosecutors, however, have used it to create an industry that diverts traffic ticket revenue …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Searches, Immigration
“My Phone Was My Life”—Challenging Warrantless Border Searches of Devices by Dale Chappell by Dale Chappell The American Civil Liberties Union (“ACLU”) and Electronic Frontier Foundation (“EFF”) filed a federal lawsuit against the Department of Homeland Security (“DHS”), Customs and Border Protection, and Immigration and Customs Enforcement in the United …
Fourth Circuit Vacates Brady Claim Denial in Capital Case and Rebukes Prosecutors by Richard Resch by Richard Resch The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Eastern District of Virginia abused its discretion in dismissing Anthony Juniper’s Brady claim without holding …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Criminal Procedure
10th Circuit Suppresses Evidence Based on Overbroad Protective Sweep Under Buie by Richard Resch by Richard Resch The U.S. Court of Appeals for the Tenth Circuit ruled that a protective sweep of a house conducted incident to the lawful arrest of an occupant was too broad and thus was not …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Criminal Procedure
Georgia Hearsay Admissible Under Co-Conspirator Exception by Mark Wilson by Mark Wilson The Georgia Supreme Court held that a criminal defendant was not denied effective assistance of trial counsel when his attorney failed to object to hearsay and a detective’s improper comment on his pre-trial silence. Rather, the hearsay was …
Article • January 19, 2018 • from CLN February, 2018
Kentucky Supreme Court Clarifies Adoptive Admission Exception to Hearsay Rule by Christopher Zoukis by Christopher Zoukis The Kentucky Supreme Court has clarified exactly what the “adoptive admission” exception to the hearsay rule is under Kentucky law and how it applies in a criminal trial. The teachable moment came in a …
Article • January 19, 2018 • from CLN February, 2018
Colorado Supreme Court: Criminal Defendant Seeking to Fire Paid, Retained Counsel for Court-Appointed Counsel Need Not Show Good Cause by Christopher Zoukis by Christopher Zoukis The Colorado Supreme Court ruled that a criminal defendant may fire retained counsel without any showing of good cause when seeking to replace retained counsel …
Article • January 19, 2018 • from CLN February, 2018
North Dakota Supreme Court: Warrantless Urine Test Incident to Arrest for DUI Is Unconstitutional Search by David Reutter by David Reutter The North Dakota Supreme Court held a defendant cannot be criminally prosecuted for refusing a warrantless urine test incident to an arrest for driving under the influence of a …
Article • January 19, 2018 • from CLN February, 2018
Compensating the Exonerated: State Laws Are Arbitrary and Senseless by Christopher Zoukis by Christopher Zoukis October 2nd of each year marks the Annual International Wrongful Conviction Day. As of October 2, 2017, the third anniversary of the commemorative event, 351 people have been exonerated based on DNA analysis alone. Those …
Article • January 19, 2018 • from CLN February, 2018
Oregon Court Vacates Order Refusing to Seal Arrest Record by Mark Wilson by Mark Wilson Under ORS 137.225(l)(b), “at any time after ... a dismissal of the charges,” an “arrested person may apply” to the trial court “for an order setting aside the record of arrest.” The court is required …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Criminal Procedure
Vermont Guilty Plea Requires Defendant to Personally Acknowledge Factual Basis for Each Element of the Offenses Charged by Mark Wilson by Mark Wilson The Vermont Supreme Court reversed a defendant’s conviction because she never personally admitted to a factual basis for her plea in violation of Vermont Rule of Criminal …
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