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Fourth Circuit: Coram Nobis Appropriate Remedy to Achieve Justice Where Petitioner Actually Innocent but Completed Sentence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that coram nobis relief is the appropriate remedy to achieve justice where the petitioner had completed service of …
Article • October 20, 2022
No Qualified Immunity for Colorado Cop Who Killed a Puppy in Empty Parking Lot by Jo Ellen Nott by Jo Ellen Nott On September 21, 2022, United States District Judge Raymond P. Moore denied qualified immunity to defendant Matthew Grashorn, a Loveland, Colorado, policer officer who shot a family pet …
Article • September 15, 2022 • from CLN October, 2022
SCOTUS Refuses to Extend Bivens Remedy to Either First Amendment Retaliation Claim or Fourth Amendment Excessive-Force Claim by Dale Chappell by Dale Chappell The Supreme Court of the United States (“SCOTUS”) held that a federal court may not extend the remedy it created over 50 years ago in Bivens v. …
Article • July 1, 2022
Black Man Lies Paralyzed in Hospital Bed After Negligent Transport by Cops by Jo Ellen Nott by Jo Ellen Nott A hard stop by a police transport van snapped the neck of Richard Cox, 36, of New Haven, Connecticut, leaving him paralyzed on June 19, 2022.  Cox had been arrested …
Article • June 15, 2022 • from CLN July, 2022
Oregon Becomes 38th State to Enact Wrongful Conviction Compensation Law by Mark Wilson by Mark Wilson On March 4, 2022, Oregon lawmakersunanimouslypassedSenateBill1584, commonlyknownastheOregonJusticeforExonereesAct,joining37otherstates,Washington D.C.,andthefederalgovernmentinenactingwrongfulconvictioncompensationlegislation. A total of 35 Democratic and Republican lawmakers ultimately supported the bill that mirrors statutes recently enacted in Idaho, Montana, and Kansas. Under the law, a …
Article • June 15, 2022 • from CLN July, 2022
Federal Officers Can Violate Civil Rights With Near Impunity - Supreme Court’s Refusal to Consider New Bivens Contexts Provides Protection to Those Who Abuse Their Authority by Casey Bastian by Casey J. Bastian The civil rights we all inherently possess, and that are ostensibly still protected by the U.S. Constitution, …
Article • May 15, 2022 • from CLN June, 2022
When Your Criminal Case Is Dropped, But Your Mugshot Lives Forever by Julie Levitch by Julie Levitch, The Crime Report Just as protests spread across the country in response to the killing of George Floyd, I was arrested—a white, middle-class, suburban mom with no criminal record. While the appalling circumstances …
Tenth Circuit Announces That After Borden An Offense That Can Be Committed ‘Recklessly’ Is Not Categorically a ‘Crime of Violence’ Under § 924(c)’s Elements Clause by Douglas Ankney by Douglas Ankney In consolidated cases on remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Tenth Circuit …
Article • April 3, 2022
DOJ: More Police Departments Declining to Report Hate Crimes by Brooke Kaufman by Brooke Kaufman According to Axios, some law enforcement agencies are choosing not to share statistics on hate crimes with the FBI. This comes as the U.S. Justice Department reports “skyrocketing” hate crime incidents. Advocates and DOJ officials …
Brief • March 10, 2022
Disability Rights Montana v. Brian M. Gootkin, MT, Settlement Agreement, Cruel and Unusual Punishment,2022 SETTLEMENT AGREEMENT This settlement agreement (“Agreement”) is entered into this 10th day of March, 2022 (“Effective Date”) between Disability Rights Montana, Inc. (“DRM”), Brian M. Gootkin (“Gootkin”), in his official capacity as the Director of the …
Article • February 15, 2022 • from CLN March, 2022
Filed under: Jury Trial, Rejection
Texas Court of Criminal Appeals: Trial Court Abused Discretion by Refusing to Allow Withdrawal of Jury-Trial Waiver for Defendant Who Ultimately Rejected Plea Deal by David Reutter by David M. Reutter The Court of Criminal Appeals of Texas held that a trial court abused its discretion in denying a defendant’s …
Article • January 15, 2022 • from CLN February, 2022
Filed under: Confessions - Coerced
Pushback on Police Lying to Obtain False Confessions by Jayson Hawkins by Jayson Hawkins Lawrence Montoya was only 14 years old back in 2000 when Denver cops accused him of being involved in the murder of Emily Johnson, a local teacher. During the first two hours of interrogation, Montoya refuted …
Article • January 15, 2022 • from CLN February, 2022
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 …
Second Circuit Declares Police Firearms Examiners Subject to Brady, Examiner Who Failed to Disclose Exculpatory Ballistics Report Not Entitled to Qualified Immunity by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit affirmed the decision of the U.S. District Court for the District of Connecticut …
Article • December 15, 2021 • from CLN January, 2022
Fifth Circuit: Texas Police Get Qualified Immunity for Knowingly Using Taser to Ignite Gasoline-Soaked, Suicidal Man, Killing Him and Destroying Family’s House by Matthew Clarke by Matt Clarke On June 25, 2021, the U.S. Court of Appeals for the Fifth Circuit refused to re-visit its decision that Texas police officers …
Article • November 15, 2021 • from CLN December, 2021
Michigan Supreme Court: Parole-Revocation Prison Term Imposed as Result of Separate Wrongful Conviction Is Included in Compensation Under WICA by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that time served in prison due to revocation of parole that resulted solely from a wrongful conviction of other …
Article • August 15, 2021 • from CLN September, 2021
Filed under: Speedy Trial, Dismissal
Nebraska Supreme Court Reverses Denial of Pretrial Motion for Absolute Discharge on Speedy Trial Grounds by Matthew Clarke The Supreme Court of Nebraska reversed a lower court’s denial of a criminal defendant’s motion for absolute discharge based on statutory speedy trial grounds. A complaint was filed against Douglas P. Jennings …
Article • July 15, 2021 • from CLN August, 2021
New York City Ends Qualified Immunity for Police by Matthew Clarke by Matt Clarke On March 25, 2021, the New York City Council voted to end qualified immunity for police officers. New York City Mayor Bill de Blasio said he will sign the measure making New York the first city …
Publication • 2021
Filed under: Hate Crimes
Policy Spotlight - Hate Crime Laws 2021 POLICY SPOTLIGHT: HATE CRIME LAWS JULY 2021 Partners Author ~ movementedvancementproject ► Foreword by Judy Shepard '-'> ..... ADVANC'i'NG JUSTICE ., .... ... __.!j> ....__ -- JAMES BYRD .__ JR. CENTER TO STOP HATE MIC ~ .,_,cm.,., TRANSGENDER EQUALITY NCJ ~- dll JEWS …
Publication • 2021
Disability Rights, MS, Cruel and Unsusual Punishment in Mississippi Prisons, 2021 ~irtf DISABILITY IA-sl~I IR I G IHI TS I MISSISSIPPI Cruel and Unusual Punishment in Mississippi Prisons: A Tale of Abuse, Discrimination & Undue Death Sentences A SPECIAL REPORT FROM DISABILITY RIGHTS MISSISSIPPI EXECUTIVE SUMMARY Investigations by Disability Rights …
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