Skip navigation

Search

111 results
Page 2 of 6. « Previous | 1 2 3 4 5 6 | Next »

Article • September 24, 2018 • from CLN October, 2018
Filed under: Criminal Prosecution
From the Big Box to the Big House: Walmart Helps Tennessee Prosecutors Felonize Shoplifting by Matthew Clarke by Matt Clarke Across the country, retailers’ associations are lobbying legislatures to stiffen the punishment for retail theft, allegedly to prevent “organized retail crime,” a fuzzy term often used to describe repeated shoplifting. …
Article • September 23, 2018 • from CLN October, 2018
11th Circuit Rules Immigration Judges are United States Judges for Purposes of 18 U.S.C. § 115(a)(1)(B) by David Reutter by David Reutter In an issue of first impression nationally, the U.S. Court of Appeals for the Eleventh Circuit held that an immigration judge is a “United States judge” within the …
Article • September 23, 2018 • from CLN October, 2018
NY Court of Appeals Affirms Dismissal of DWI for Improper Breathalyzer Refusal Warning by Dale Chappell by Dale Chappell The Court of Appeals of New York found that a driver’s eventual consent to a breathalyzer test was “coerced” and involuntary after police waited more than two hours to ask him …
Article • September 20, 2018 • from CLN October, 2018
California Court of Appeal Holds Box Cutter Not ‘Inherently’ Deadly Weapon by Dale Chappell by Dale Chappell A box cutter is a type of knife “designed to cut things and not people,” and was therefore not “inherently” a deadly weapon as a matter of law, the Court of Appeal of …
Article • August 20, 2018 • from CLN September, 2018
How Coercive Interrogations Can Lead to a False Confession by Brian Leslie by Brian Leslie To discuss coercive interrogation methods, we must first understand the difference between an interrogation and an interview. The primary difference is that an interview is fact-finding, non-accusatory and usually takes place earlier on in an …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Criminal Prosecution
Seventh Circuit: ‘Force’ for Aggravated Sexual Abuse Requires ‘Physical Force,’ Not Psychological Coercion by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit reversed the denial of a prisoner’s § 2255 claim of ineffective assistance of counsel, rendering the prisoner’s conviction on charges of …
Article • August 20, 2018 • from CLN September, 2018
Eighth Circuit Rules Officer’s Inability to Read Temporary Vehicle Tag Does Not Justify Traffic Stop, Evidence Obtained Must be Suppressed by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that evidence obtained during a traffic stop that was …
New York City Decriminalizes Some Public Smoking of Marijuana in Policy Shift by Derek Gilna by Derek Gilna New York City Mayor Bill de Blasio announced that as of September 1, 2018, the New York Police Department will no longer arrest individuals for the public smoking of marijuana in some …
Article • August 17, 2018 • from CLN September, 2018
Sixth Circuit Reverses Relevant Conduct Firearm Enhancement Because No Connection Between Possession Charges Based on Two Separate Shootouts by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Sixth Circuit reversed a lower court’s ruling that two unrelated instances of gun possession were part of the …
Article • August 17, 2018 • from CLN September, 2018
Kansas Supreme Court: Deadly Weapon-Use Finding Prerequisite to Imposing Violent Offender Registration Requirement by Matthew Clarke by Matt Clarke On April 13, 2018, the Supreme Court of Kansas held that, absent a finding by a trial court that a defendant used a deadly weapon in a person felony, the trial …
Article • August 17, 2018 • from CLN September, 2018
California Property Owners Billed for Their Own Prosecution by Christopher Zoukis by Christopher Zoukis An investigation by the Desert Sun has uncovered an unusual phenomena in two California communities: The cities are taking property owners accused of public nuisance infractions to criminal court with the help of private prosecutors. The …
Article • August 17, 2018 • from CLN September, 2018
New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release by Dale Chappell by Dale Chappell A court must not automatically consider any single factor to be dispositive when deciding whether to deny or grant pretrial release, but must consider several factors on the …
Secondary DNA Transfer: The Rarely Discussed Phenomenon That Can Place the Innocent (and the Dead) at a Crime Scene They’ve Never Been To by Christopher Zoukis by Christopher Zoukis In 1930, the French scientist Edmond Locard published a journal article in which he laid the groundwork for what would become …
Article • July 21, 2018 • from CLN August, 2018
New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release by Dale Chappell by Dale Chappell A court must not automatically consider any single factor to be dispositive when deciding whether to deny or grant pretrial release, but must consider several factors on the …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Criminal Prosecution
New Jersey Supreme Court: Substantive Error to Amend Indictment to Change Degree of Felony on Eve of Trial by Matthew Clarke by Matt Clarke On April 25, 2018, the Supreme Court of New Jersey held that a trial court erred when, on the eve of trial, it permitted the State …
Article • July 21, 2018 • from CLN August, 2018
Missouri Supreme Court Clarifies No Resisting Arrest Charge Once Arrest is Completed by Dale Chappell by Dale Chappell A defendant trying to break free of an officer’s grip while already under arrest and in handcuffs was not “resisting arrest” because the defendant was not trying to prevent his arrest, the …
Article • July 20, 2018 • from CLN August, 2018
Delaware Supreme Court Reverses Criminally Negligent Homicide Because Conduct was ‘Too Remote’ from Cause of Death by Dale Chappell by Dale Chappell Conduct that was “too remote” from the cause of death could not support criminally negligent homicide, the Delaware Supreme Court held, reversing a juvenile’s adjudication. Tracy Cannon and …
Article • July 20, 2018 • from CLN August, 2018
Legally Thrown in Jail for Wanting to File a Complaint Against Police by In a land where a person can be thrown in jail for wanting to file a complaint against the cops, that is called a “police state.” Here in the United States, the Constitution protects those who want …
Article • July 20, 2018 • from CLN August, 2018
State Attorney in Vermont Won’t Prosecute Misdemeanor Opioid Treatment Drug Cases by Betty Nelander by Betty Nelander One Vermont county is using the muscle of the law to help curb the deadly opioid epidemic. Chittenden County State’s Attorney Sarah George announced that her office will no longer prosecute “any citations …
Article • June 18, 2018 • from CLN July, 2018
Golden State Killer Suspect Arrest Opens Floodgates for Law Enforcement Use of DNA Websites by Steve Horn by Steve Horn The use of DNA-based genealogy websites to track down Joseph DeAngelo — the “Golden State Killer” suspect — appears to have inspired police departments nationwide. It’s a move that has irked privacy advocates …
Page 2 of 6. « Previous | 1 2 3 4 5 6 | Next »