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News in Brief

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

Filed under: News in Brief

News in Brief by Alabama: On December 21, 2021, two former police officers in West Blocton, Alabama, were arrested and charged with sexual assault. According to WBRC, a news station serving Birmingham, the Tuscaloosa Police Department announced that the former officers, Craig Baird Arnold, 49, and Brian Keith Whatley, 50, …

Tenth Circuit Rules Impounding Car Following Arrest on Outstanding Warrant Was Pretextual, Suppresses Evidence Discovered, Reverses Convictions

Article • January 15, 2022 • from CLN February, 2022

Filed under: Seizure of Prisoner Funds, Suppression

Tenth Circuit Rules Impounding Car Following Arrest on Outstanding Warrant Was Pretextual, Suppresses Evidence Discovered, Reverses Convictions by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit ordered the suppression of evidence discovered during the impounding of a vehicle where the impoundment was for …

SCOTUS Reverses Tenth Circuit’s Denial of Qualified Immunity for Fatal Police Shooting

Article • January 15, 2022 • from CLN February, 2022

Filed under: Shootings, Excessive Force (Police), Immunity - Absolute and Qualified

SCOTUS Reverses Tenth Circuit’s Denial of Qualified Immunity for Fatal Police Shooting by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) reversed a decision of the U.S. Court of Appeals for the Tenth Circuit that had reversed the U.S. District Court for the Eastern District …

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 …

USA v. Matthew Ware, OK, Indictment, Deprivation of Rights, 2021

Brief • November 16, 2021

Filed under: 42 U.S. Code § 1983, civil action for deprivation of rights

USA v. Matthew Ware, OK, Indictment, Deprivation of Rights, 2021 Case 5:21-cr-00323-F Document 1 Filed 11/16/21 Page 1 of 5 LE IN THE UNITED STATES DISTRICT COURT FOR THE FI NOV 1 6 2021 WESTERN DISTRICT OF OKLAHOMA CARMELITA REEDER SHINN., CU:AK U.S. DIST. CO~ 8Y.___ \IESTERN DlST. 01<!1.A '(.__ …

News in Brief

Article • August 15, 2021 • from CLN September, 2021

Filed under: News in Brief

News in Brief by California: Five Southern California cops were placed on leave in June 2021 after a video surfaced showing them attacking suspects, according to reports by the Washington Post. On June 10, 2021, four Glendale police officers went on paid leave while an investigation was opened into their response to …

Tenth Circuit Joins Other Circuits, Holds § 1B1.13 Does Not Apply to Compassionate Release Motions Filed by Prisoners

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

Filed under: Policy Considerations, Compassionate Release

Tenth Circuit Joins Other Circuits, Holds § 1B1.13 Does Not Apply to Compassionate Release Motions Filed by Prisoners by Dale Chappell by Dale Chappell Joining several other circuits, the U.S. Court of Appeals for the Tenth Circuit held that a district court has the discretion to determine whether “extraordinary and …

Estate of Ronald Garland v. Bowling, OK, Report and Recommendation, Wrongful Death, 2021

Brief • June 8, 2021

Filed under: Wrongful Death

Estate of Ronald Garland v. Bowling, OK, Report and Recommendation, Wrongful Death, 2021 Case 4:19-cv-00098-JFH-CDL Document 381 Filed in USDC ND/OK on 06/08/21 Page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OKLAHOMA JANICE BUSH, as Special Administrator for the Estate of Ronald Garland, deceased, Plaintiff, v. BRET …

News in Brief

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

Filed under: News in Brief

News in Brief by Arizona: A week after he was shot chasing a suspect, an off-duty police officer from Alberquerque, New Mexico, was arrested on February 21, 2021, for aggravated DWI. According to a report by local TV station KRQE, Officer Fouad Cherair, 29, was found by police in the …

News in Brief

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

Filed under: News in Brief

News in Brief by California: A federal jury awarded a man who suffered severe head and face injuries in an encounter with a San Diego detective $1.5 million in November 2020. San Diego’s City Council, meanwhile, is expected to “approve a $2.5 million settlement, the money awarded by the jury …

SCOTUS Announces Large Portion of Oklahoma Remains Tribal Land in Which State Lacks Jurisdiction to Try Native Americans

Article • August 15, 2020 • from CLN September, 2020

Filed under: Native American, Authority and Jurisdiction, Lack of Authority to Change

SCOTUS Announces Large Portion of Oklahoma Remains Tribal Land in Which State Lacks Jurisdiction to Try Native Americans by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”), in a 5-4 decision, ruled in favor of a defendant who argued that the State of Oklahoma (“Oklahoma”) …

Tenth Circuit Vacates Conviction, Rules Waiver of Trial Counsel Not Knowingly Made

Article • August 15, 2020 • from CLN September, 2020

Filed under: Failure to Address/Advise Defendant, Knowingly and Voluntarily Made

Tenth Circuit Vacates Conviction, Rules Waiver of Trial Counsel Not Knowingly Made by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held on June 15, 2020, that a district court’s failure to fully advise a defendant of the elements of the charges and the …

Tenth Circuit: Confession Involuntary Where FBI Agent Falsely Claimed to Be in Contact With Judge, and Defendant Could Shorten Sentence With Each Truthful Answer

Article • August 15, 2020 • from CLN September, 2020

Filed under: Simple Possession/Personal Use versus Distribution, Interrogation, Cooperation

Tenth Circuit: Confession Involuntary Where FBI Agent Falsely Claimed to Be in Contact With Judge, and Defendant Could Shorten Sentence With Each Truthful Answer by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that Shane Thomas Young’s confession was involuntary because, under the …

Oklahoma Enacts Jailhouse Informant Law, Joins Other States

Article • July 15, 2020 • from CLN August, 2020

Filed under: Informants and Paid Witnesses

Oklahoma Enacts Jailhouse Informant Law, Joins Other States by Dale Chappell by Dale Chappell A new law enacted in Oklahoma will crack down on unreliable jailhouse informants who testify against others in exchange for lenience in their own cases and sometimes for other benefits. The law was sponsored by Senator …

News in Brief

Article • June 15, 2020 • from CLN July, 2020

Filed under: News in Brief

News in Brief by California: The death of David Glen Ward of Petaluma was declared a homicide by the Marin County coroner in May 2020, followed by a lawsuit from David’s mother, Ernestine Ward, alleging wrongful death, excessive force and negligent supervision by Sonoma County sheriff’s deputies. Leading up to …

10th Circuit: Evidence Insufficient to Support Conviction for Attempting to Kill Witness

Article • May 15, 2020 • from CLN June, 2020

Filed under: Insufficiency of the Evidence

10th Circuit: Evidence Insufficient to Support Conviction for Attempting to Kill Witness by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit ruled that the evidence was insufficient to support John Terry Chatman, Jr.’s conviction of obstruction of justice by attempting to kill a witness. …

Oklahoma: Cocaine Bust Was Really Only Powdered Milk

Article • January 21, 2020 • from CLN February, 2020

Filed under: War on Drugs, Police, False Arrest

Oklahoma: Cocaine Bust Was Really Only Powdered Milk by Edward Lyon by Ed Lyon Cody Gregg of Oklahoma is a member of a growing segment of America’s population—he is a homeless person and also receives food from a community pantry. On August 12, 2019, Gregg was doing a probated sentence …

Estate of Terral Ellis II v. Ottawa County Board of County Commissioners, OK, Response in Opposition to Dft's MSJ, Wrongful Death, 2020

Brief • January 17, 2020

Filed under: Wrongful Death, Medical Neglect/Malpractice

Estate of Terral Ellis II v. Ottawa County Board of County Commissioners, OK, Response in Opposition to Dft's MSJ, Wrongful Death, 2020 Case 4:17-cv-00325-JED-FHM Document 152 Filed in USDC ND/OK on 01/17/20 Page 1 of 46 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA ROBBIE EMERY …

Oakland Police Department, of Officer-Involved Shooting, ‘Disappointing and Myopic’

Article • July 8, 2019

Filed under: Criminal justice system reform, Attorneys

Oakland Police Department, of Officer-Involved Shooting, ‘Disappointing and Myopic’ by Kevin Bliss by Kevin Bliss The Oakland Police Department (“OPD”) has been under federal order to complete a comprehensive reform program since 2003 because of repeated allegations of excessive use of force. Retired New York Police Chief Robert Warshaw, who …

Tenth Circuit Discusses Standards for Armed Career Criminal Classification

Article • July 7, 2019

Filed under: Classification, Attorneys

Tenth Circuit Discusses Standards for Armed Career Criminal Classification by David M. Reutter by David Reutter The U.S. Circuit Court of Appeals for the Tenth Circuit affirmed an Oklahoma federals district court's order vacating a sentencing classification as an armed career criminal. The court also affirmed the classification as a …