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Article • February 15, 2022 • from CLN March, 2022
Connecticut Supreme Court Overrules Aquino, Holding Appeal Not Moot Where Defendant Deported During Pendency but Unclear Whether Appealed Conviction Sole Basis for Deportation by Douglas Ankney Holds Model Jury Instruction 2.6-14 Failed to Correctly Inform Jury on Investigative Inadequacy by Douglas Ankney The Supreme Court of Connecticut held that Model …
Article • December 15, 2021 • from CLN January, 2022
How Cops Use Copyright Laws to Prevent the Public from Recording Their Bad Acts by Dale Chappell by Dale Chappell It’s a disturbing trend, but one that’s very effective. Cops have been playing copyrighted music during encounters with people, in an attempt to prevent them from recording and posting video …
Article • November 15, 2021 • from CLN December, 2021
Rhode Island Supreme Court: Conclusory Statutory Language to Describe Purported Child Porn Image Used to Support Search Warrant Affidavit Invalidates Warrant by Anthony Accurso by Anthony W. Accurso The Supreme Court of Rhode Island held that the search warrant used to search a defendant’s home was invalid because the officer’s …
South Carolina Supreme Court: Lifetime SORA Registration Requirement Unconstitutional Absent Opportunity for Judicial Review of Risk of Re-offending by Anthony Accurso by Anthony W. Accurso In an opinion filed June 9, 2021, the Supreme Court of South Carolina upheld a lower court ruling allowing a lower-risk sex offender to be …
California Court of Appeal: When Federal Court Finds Petitioner Satisfies Schlup Standard, Victim Compensation Board Must Recommend Payment of Claim Without Hearing by Douglas Ankney by Douglas Ankney The Court of Appeal, Second Appellate District, Division Five, held that when a federal district court finds that a habeas petitioner has …
Article • June 15, 2021 • from CLN July, 2021
California Court of Appeal: § 3051’s Exclusion of One Strike Offenders from Youthful Offender Parole Hearings Violates Equal Protection by Douglas Ankney by Doug Ankney The Court of Appeal of California, Second Appellate District, held that Penal Code § 3051, subd. (h) violates the equal protection rights of Andre Lamont …
Publication • 2021
Filed under: Domestic Violence
Coalition to End Domestic Violence, 30 Years of Domestic Violence Half-Truths, Falsehoods, and Lies, 2021 SPECIAL REPORT Thirty-Years of Domestic Violence Half-Truths, Falsehoods, and Lies Copyright © 2021, Coalition to End Domestic Violence. www.EndtoDV.org A pre-publication copy of this Special Report was provided to the DOJ Office on Violence Against …
Article • April 15, 2021 • from CLN May, 2021
Fourth Circuit: Employment Restriction for Supervised Release Overbroad and Impermissible Delegation of Power to Probation by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on January 22, 2021, on a direct appeal, that a total ban on any employment unless authorized by probation …
Article • March 15, 2021 • from CLN April, 2021
Image of Men Urinating on Grave Protected by First Amendment by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Agents with the Tennessee Bureau of Investigation (“TBI”) and officers with the Dickson Police Department would be well advised to take the time to read the Constitution of the United States, namely …
Article • March 15, 2021 • from CLN April, 2021
California Court of Appeal: Lack of Notice of Filing Deadline Due Process Violation, Allowing Late Challenge to Erroneous Parole Designation by Dale Chappell by Dale Chappell The Court of Appeal of California, Fourth Appellate District, held that the lack of adequate notice of a time limit to challenge an erroneous …
Article • January 15, 2021 • from CLN February, 2021
Athlete Settles Tasing Suit Against Milwaukee Police by Edward Lyon by Ed Lyon A 2018 lawsuit by Milwaukee Bucks player Sterling Brown filed against the city of Milwaukee alleging police used excessive force ended with a $750,000 settlement. Milwaukee city attorney Tearman Spencer and assistant city attorney Robin A. Pederson …
Article • October 15, 2020 • from CLN November, 2020
Kansas Supreme Court Announces Residual Clause of Law Prohibiting Knife Possession by Felons Unconstitutionally Vague by Anthony Accurso by Anthony Accurso In a decision issued on July 17, 2020, the Supreme Court of Kansas struck the residual clause of the state’s statute prohibiting possession of a knife by a convicted …
Article • October 15, 2020 • from CLN November, 2020
Minnesota Supreme Court: Coercion Statute Unconstitutionally Overbroad by Anthony Accurso by Anthony Accurso In a decision issued July 22, 2020, the Supreme Court of Minnesota ruled that Minnesota Statutes Section 609.27, subd. 1(4) (2018) (“the coercion statute”) is overbroad on its face, violates the First Amendment to the U.S. Constitution, …
Chicago’s Police Torture Reparations by Jayson Hawkins by Jayson Hawkins In 2015, the decades-long battle waged by social justice activists in Chicago culminated in the passage of a reparations bill for victims of torture at the hands of the Chicago police. Five years after this historic victory, both victims and …
Article • August 15, 2020 • from CLN September, 2020
I Cover Cops as an Investigative Reporter. Here Are Five Ways You Can Start Holding Your Department Accountable. by Andrew Ford Police culture can be insular and tough to penetrate, but the public can hold law enforcement accountable. Here are important methods and context you need to know. Link For …
Second Circuit: Justice for Victims of Trafficking Act Applies on Per-Offender, not Per-Count Basis by David Reutter by David M. Reutter The U.S. Court of Appeals for the Second Circuit ruled that 18 U.S.C. § 3013 provides for an assessment to be applied on a per-offender basis, not a per-count …
Eleventh Circuit Holds Georgia Terroristic Threats Conviction Overbroad for ACCA by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit held on April 8, 2020, that a prior conviction under Georgia’s terroristic threats statute was overbroad and therefore failed to meet the elements clause of …
Article • June 15, 2020 • from CLN July, 2020
California Supreme Court Announces Sentencing Law Changes Apply Until Revocation Sentence Becomes Final by Anthony Accurso by Anthony Accurso The Supreme Court of California announced an extension of its prior rule of when to allow application of an amended sentencing statute, such that it may be applied to a defendant’s …
The Prisoner Trade, Harvard Law Review, 2020 VOLUME 133 APRIL 2020 NUMBER 6 © 2020 by The Harvard Law Review Association ARTICLES THE PRISONER TRADE Emma Kaufman CONTENTS INTRODUCTION .......................................................................................................................... 1817 I. BUILDING THE AMERICAN PENAL ESTATE .................................................................... 1822 A. The Rise of Regional Prison Governance .................................................................... 1822 B. The …
Publication • 2020
The Square One Project, the Radical Notion of the Presumption of Innocence, 2020 THE SOUARE ONE PROJECT REIMAGINE JUSTICE EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY MAY 2020 Tracey Meares, Justice Collaboratory, Yale University Arthur Rizer, R Street Institute THE “RADICAL” NOTION OF THE PRESUMPTION OF INNOCENCE The Square …
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