Skip navigation

Search

4160 results
Page 197 of 208. « Previous | 1 2 3 4 ... 193 194 195 196 197 198 199 200 201 ... 204 205 206 207 208 | Next »

Article • January 19, 2018 • from CLN February, 2018
More Than Half of 2015 Police Killings Not Properly Documented in Government Data by Christopher Zoukis by Christopher Zoukis A new study from the Harvard T.H. Chan School of Public Health has found that over half of all police killings in 2015 were not properly documented as such in official …
Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests by Christopher Zoukis by Christopher Zoukis The Supreme Judicial Court of Massachusetts ruled that a defendant accused of operating a motor vehicle while under the influence (“OUI”) …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Bail, Bail Bonds
50 Alabama Cities Reform Bail Practices for Poor by David Reutter by David Reutter The prodding by human and civil rights organizations has finally compelled 50 Alabama cities to reform their money bail practices. The push is putting an end to poor suspects languishing in jail solely because they cannot …
Article • January 19, 2018 • from CLN February, 2018
Eighth Circuit Upholds Warrantless Search of Cellphone Owned by Person on Supervised Release Due to Diminished Expectation of Privacy by Mark Wilson by Mark Wilson The United States Court of Appeals for the Eighth Circuit upheld a lower court’s refusal to suppress evidence obtained during a warrantless cellphone search. The …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Wrongful Conviction
Government Attempt to Shoehorn Union Activity into Hobbs Act Violation Rejected by First Circuit by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the First Circuit handed the federal government a significant defeat in a September 8, 2017 opinion, in which it threw out all but one …
Article • January 19, 2018 • from CLN February, 2018
11th Circuit Rules Counsel Deficient for Failing to Challenge “Usable” Amount in Drug Case by David Reutter by David Reutter The U.S. Court of Appeals for the Eleventh Circuit ordered an evidentiary hearing in an ineffective assistance of counsel claim based on counsel’s failure to argue that some waste materials …
Article • January 19, 2018 • from CLN February, 2018
Washington Supreme Court Grants Full Evidentiary Hearing for Civilly Committed SVP by Mark Wilson by Mark Wilson The en banc Supreme Court of Washington held that a civilly committed sexually violent predator (“SVP”) was entitled to an evidentiary hearing. The State failed to carry its burden of making a prima …
Article • January 19, 2018 • from CLN February, 2018
In Historic Move, 15 Cases Related to Crooked Chicago Cop Thrown Out by Christopher Zoukis by Christopher Zoukis Cook County, Illinois Chief Criminal Judge LeRoy Martin tossed the convictions of 15 criminal defendants on November 16, 2017 because the cases were linked to disgraced former Chicago Police Sergeant Ronald Watts. …
Article • January 19, 2018 • from CLN February, 2018
Oregon Supreme Court Rules Warrantless Entry Into Home in Effort to Obtain Nonconsensual BAC Evidence Not Exigent Circumstance by Mark Wilson by Mark Wilson The Oregon Supreme Court ruled that warrantless entry into a home to obtain nonconsensual blood-alcohol concentration (“BAC”) evidence did not amount to an exigent circumstance that …
Article • January 19, 2018 • from CLN February, 2018
Ohio Supreme Court Holds Exclusion of Evidence Inappropriate Remedy for Violation of Knock-And-Announce Principle Where Search Warrant Issued by Mark Wilson by Mark Wilson The Ohio Supreme Court held that once a warrant has been issued, the exclusion of evidence is not an appropriate remedy when police violate the knock-and-announce …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Criminal Procedure
Georgia Supreme Court Reverses Armed Robbery Conviction, Defendant Lacked Dominion by Dale Chappell by Dale Chappell Unless the State can prove a defendant had “complete dominion” over the property he intended to steal from a person, he cannot be guilty of armed robbery, the Georgia Supreme Court held on October …
Article • January 19, 2018 • from CLN February, 2018
Oregon Court of Appeals Rules Defendant’s Motion to Suppress Satisfied Uniform Trial Court Rule 4.060(1) by The Oregon Court of Appeals reversed a lower court’s order, striking a defendant’s motion to suppress for failure to comply with a court rule. Uniform Trial Court Rule (“UTCR”) 4.060(1) mandates that a motion …
Article • January 19, 2018 • from CLN February, 2018
The Insanity Defense: It’s Not What You Think by Christopher Zoukis by Christopher Zoukis In the American criminal justice system, a defendant who commits a crime while “insane” cannot be held legally responsible for that crime. In such cases, legal guilt is not established, and the defendant may not be …
Article • January 19, 2018 • from CLN February, 2018
Second Circuit: Arrest for Not Leaving Sidewalk Entitled to Qualified Immunity by Mark Wilson by Mark Wilson The United States Court of Appeals for the Second Circuit reversed a lower court’s denial of qualified immunity to police for arresting a man for stopping on the sidewalk to speak with Occupy …
Article • January 19, 2018 • from CLN February, 2018
New York Court of Appeals: Criminal Trial Judge Cannot Also Be Sole Appellate Judge by The New York Court of Appeals ruled on October 24, 2017 that the judge who presided over a defendant’s criminal trial cannot also act as the sole judge who presides over that defendant’s appeal as …
$5.5 Million Verdict Against Los Angeles Police Department for Taser Death by The City of Los Angeles was hit with a $5.5 million jury verdict in November 2017 for the death of a former Marine who was tased six times by officers with the Los Angeles Police Department (“LAPD”) while …
Article • January 19, 2018 • from CLN February, 2018
Equivocal Request for Counsel Requires Police to Seek Clarification of Suspect’s Intent Under Oregon Law by The Oregon Court of Appeals determined that investigating officers failed to clarify the intent of a defendant’s equivocal invocation of the right to counsel, rendering his subsequent statements to police inadmissible. Paul Joseph Sanelle …
Article • January 19, 2018 • from CLN February, 2018
Stingray Technology Lets G-Men Into Your Pocket (and Your House, and Your Car...) by Christopher Zoukis by Christopher Zoukis It’s 3 a.m. Do you know what your cell phone is doing? With the advent of stingray technology, it just might be reporting your location to government officials. Or it might …
Article • January 19, 2018 • from CLN February, 2018
Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1 by Kent Russell, Tara Hoveland by Attys. Kent Russell & Tara Hoveland This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of …
Article • January 19, 2018 • from CLN February, 2018
Confronting the Myth in Police-Suspect Knife Confrontations by Derek Gilna by Derek Gilna Each year dozens of suspects armed with knives are needlessly shot and killed by police who feel that they are justified in using deadly force based upon the “21-Foot Rule” contained in many department training manuals. According …
Page 197 of 208. « Previous | 1 2 3 4 ... 193 194 195 196 197 198 199 200 201 ... 204 205 206 207 208 | Next »