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News in Brief

Article • September 15, 2022 • from CLN October, 2022

Filed under: News in Brief

News in Brief by Alabama: On August 4, 2022, the Vincent City Council voted to fully dissolve the city’s police force after racist text messages by a top officer were discovered, CNN reported. The city is home to about 2,000 residents and until the vote by the council, had just …

Sixth Circuit: Government Cannot Withdraw Consent to Lesser Included Charge After Defendant Pleaded Guilty but Court Reject Plea Agreement

Article • August 15, 2022 • from CLN September, 2022

Filed under: U.S. Sentencing Guidelines, Rejection

Sixth Circuit: Government Cannot Withdraw Consent to Lesser Included Charge After Defendant Pleaded Guilty but Court Reject Plea Agreement by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit ruled that a plea agreement, as written, does not provide the basis for the Government …

Sixth Circuit Announces Full, Unconditional Pardon, Regardless of Issue of Innocence, Meets Heck Requirement of Invalidated Conviction; § 1983 Claims May Be Pursued

Article • August 15, 2022 • from CLN September, 2022

Filed under: Wrongful Conviction, Pardons/Clemency, Actual Innocence/Claim of Innocence

Sixth Circuit Announces Full, Unconditional Pardon, Regardless of Issue of Innocence, Meets Heck Requirement of Invalidated Conviction; § 1983 Claims May Be Pursued by Harold Hempstead by Harold Hempstead The U.S. Court of Appeals for the Sixth Circuit held that Heck v. Humphrey, 512 U.S. 477 (1994), does not bar …

Prosecutorial Extortion: Alleged Drug Dealer Agrees to $300,000 Seizure in Face of Charges Threatened Against Entire Family

Article • August 10, 2022 • from CLN August, 2022

Filed under: Seizure of Prisoner Funds, Civil Asset Forfeiture Reform Act (CAFRA)

Prosecutorial Extortion: Alleged Drug Dealer Agrees to $300,000 Seizure in Face of Charges Threatened Against Entire Family by David Reutter by David M. Reutter When civil asset forfeiture laws were made applicable to criminal defendants, the purpose was to ensure criminals lost the illicit gains from their criminal activities after …

Louisville Metro Police Indulging in Misconduct Since 2017 Keeps the FBI Busy

Article • July 1, 2022

Filed under: Police Misconduct, FBI

Louisville Metro Police Indulging in Misconduct Since 2017 Keeps the FBI Busy by Jo Ellen Nott by Jo Ellen Nott Starting with a sex abuse scandal in 2017, the Louisville Metro Police Department has managed to draw the attention of the feds for a range of misconduct from wrongfully killing …

Kentucky Supreme Court: Traffic Stop Impermissibly Extended Where Officer Stopped Writing Citation to Aid Drug-Detection Dog’s Sniff of Vehicle’s Exterior

Article • June 15, 2022 • from CLN July, 2022

Filed under: Drug-Sniffing Dog, Traffic Stops

Kentucky Supreme Court: Traffic Stop Impermissibly Extended Where Officer Stopped Writing Citation to Aid Drug-Detection Dog’s Sniff of Vehicle’s Exterior by Anthony Accurso by Anthony W. Accurso The Supreme Court of Kentucky held that a police officer impermissibly extended a traffic stop when he suspended the completion of writing a …

Kentucky Supreme Court: Officer’s History of Arresting Defendant on Multiple Occasions Constituted ‘Show of Authority’ That Defendant Was Not Free to Leave, Resulting in Unlawful Terry Stop

Article • May 1, 2022 • from CLN May, 2022

Filed under: Police Misconduct, Terry Stops

Kentucky Supreme Court: Officer’s History of Arresting Defendant on Multiple Occasions Constituted ‘Show of Authority’ That Defendant Was Not Free to Leave, Resulting in Unlawful Terry Stop by Anthony Accurso by Anthony W. Accurso Supreme Court of Kentucky upheld the decision of a trial court that found a single officer …

NeSmith v. County of San Diego, CA, Settlement Agreement, Lack of Mental Care, 2022

Brief • March 21, 2022

Filed under: Failure to Treat (Mental Illness), Suicides

NeSmith v. County of San Diego, CA, Settlement Agreement, Lack of Mental Care, 2022 RELEASE AND SETTLEMENT OF ALL CLAIMS For the consideration of two hundred and fifty thousand dollars ($250,000.00), Plaintiffs CHASSIDY NeSMITH, individually and as Guardian ad Litem on behalf of and as Successor in Interest to THE …

News in Brief

Article • March 15, 2022 • from CLN April, 2022

Filed under: News in Brief

News in Brief by Alabama: Techdirt reports that police in Brookside have routinely violated the law in traffic enforcement. By early February 2022, it was clear that the local police department in the small town had been racking up staggering amounts of income in traffic fines, receiving more than $600,000 …

News in Brief

Article • December 15, 2021 • from CLN January, 2022

Filed under: News in Brief

News in Brief by Arizona: Claims for $300,000 were filed in September 2021 against the city of Chandler, Arizona, in advance of a lawsuit planned by two activists arrested during a protest against police brutality six months earlier. According to a report by the Phoenix New Times, the men, Darien …

Kentucky Supreme Court: Blood Test Refusal Inadmissible as Evidence in DUI Case Even to Explain Why Prosecution Has No Scientific Evidence of Intoxication

Article • June 15, 2021 • from CLN July, 2021

Filed under: Warrantless Searches, Blood Samples/Tests

Kentucky Supreme Court: Blood Test Refusal Inadmissible as Evidence in DUI Case Even to Explain Why Prosecution Has No Scientific Evidence of Intoxication by Matthew Clarke by Matt Clarke The Supreme Court of Kentucky held that a refusal to submit to a warrantless blood test could not be used as …

News in Brief

Article • May 15, 2021 • from CLN June, 2021

Filed under: News in Brief

News in Brief by California: On March 12, 2021, federal prosecutors in California unsealed indictments against a pair of policemen accused of pocketing cash and drugs confiscated from suspects they pulled over in traffic stops. According to a report by Law & Crime, former Rohnert Park Police Department officers Brendon …

Kentucky Supreme Court Reverses Murder Convictions Due to ‘Flagrant Prosecutorial Misconduct’ in Misleading Jury

Article • March 15, 2021 • from CLN April, 2021

Filed under: New Trial - Motions for, Improper Comments

Kentucky Supreme Court Reverses Murder Convictions Due to ‘Flagrant Prosecutorial Misconduct’ in Misleading Jury by Matthew Clarke by Matt Clarke The Supreme Court of Kentucky reversed a woman’s convictions for first and second-degree arson and six counts of attempted murder, four of which were enhanced as hate crimes, because the …

Kentucky Supreme Court Announces Appellate Standard of Review for Domestic Abuse Exemption to Violent Offender Parole Eligibility

Article • March 15, 2021 • from CLN April, 2021

Filed under: Domestic Abuse, Specific Offense/Offender Characteristics

Kentucky Supreme Court Announces Appellate Standard of Review for Domestic Abuse Exemption to Violent Offender Parole Eligibility by Anthony Accurso by Anthony Accurso The Supreme Court of Kentucky clarified the meaning of the statute that allows a defendant to be eligible for parole after serving 20% of their sentence despite …

"Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel"

Article • March 15, 2021 • from CLN April, 2021

Filed under: Strickland Standard, Conflict of Interest

"Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel" by Douglas Ankney by Douglas Ankney The Supreme Court of Kentucky ruled that an in-chambers hearing held to address questions surrounding defense counsel’s fitness to proceed is a …

News in Brief

Article • December 15, 2020 • from CLN January, 2021

Filed under: News in Brief

News in Brief by Alaska: A plan to shift the response to mental health crises away from police and into the hands of mental health professionals made strides in November 2020. The Assembly approved money to launch a mobile crisis intervention team. In Anchorage, it would operate at the fire …

Kentucky Supreme Court: Criminal Defendant Has Right to Independent Counsel During In-Chambers Hearing on Fitness of Defense Counsel

Article • December 15, 2020 • from CLN January, 2021

Filed under: Counsel - Right to, Competency Hearing

Kentucky Supreme Court: Criminal Defendant Has Right to Independent Counsel During In-Chambers Hearing on Fitness of Defense Counsel by Matthew Clarke by Matt Clarke The Supreme Court of Kentucky held that a criminal defendant had the right to be informed of an in-chambers hearing on the fitness and ability of …

Sixth Circuit: Savings Clause Available for Retroactive Case of Statutory Interpretation Decided While § 2255 Motion on Appeal

Article • December 15, 2020 • from CLN January, 2021

Filed under: U.S. Sentencing Guidelines, General Savings Statute

Sixth Circuit: Savings Clause Available for Retroactive Case of Statutory Interpretation Decided While § 2255 Motion on Appeal by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on October 6, 2020, that a savings clause petition was the proper avenue to attack an …

$12 Million Settlement Against Louisville, Kentucky

Article • November 15, 2020 • from CLN December, 2020

Filed under: Excessive Force (Wrongful Death), News in Brief

$12 Million Settlement Against Louisville, Kentucky by Edward Lyon   by Ed Lyon  A settlement with family was reached in the death of Breonna Taylor of Kentucky, an unarmed Black woman who was killed when undercover Louisville Metro police “blindly” fired 10 rounds into her apartment on March 13, 2020, …

Sixth Circuit Vacates First Step Act  Resentencing Denial Where Court Failed  to Consider Post-Sentencing Conduct

Article • November 15, 2020 • from CLN December, 2020

Filed under: Resentencing, Felony Drug Offense

Sixth Circuit Vacates First Step Act Resentencing Denial Where Court Failed to Consider Post-Sentencing Conduct by Anthony Accurso   by Anthony Accurso In a decision filed on August 26, 2020, the U.S. Court of Appeals for the Sixth Circuit vacated the U.S. District Court for the Western District of Kentucky’s …