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Article • August 1, 2025 • from CLN August, 2025
The Arrival of REAL ID: National ID Cards and Internal Passports in America by David Kim A common trope in science fiction involves a dystopian future where every trip to the airport, government office, and other routine errands of daily life requires residents to show a standardized ID, their every …
Article • August 1, 2025 • from CLN August, 2025
Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant by Anthony Accurso The United States Court of Appeals for the Ninth Circuit overturned the U.S. District Court for the Western District of Washington’s denial of a defendant’s motion …
Article • August 1, 2025 • from CLN August, 2025
Beyond the City Limits: How Rural Sheriff’s Departments Are Driving the Spike in Police Killings by David Kim A teenager fatally shot by a deputy on a roadway in New Mexico during the previous summer represents part of an escalating pattern of such incidents. While driving across the plains of …
Article • August 1, 2025 • from CLN August, 2025
Filed under: Habeas Corpus, AEDPA
Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA by Douglas Ankney In a case of first impression, the United States Court of Appeals for …
SCOTUS Announces Courts May Not Consider § 3553(a)(2)(A)—Retribution—When Deciding Whether to Revoke a Term of Supervised Release by Richard Resch The Supreme Court of the United States held that U.S. District Courts may not consider 18 U.S.C. § 3553(a)(2)(A), retribution vis-à-vis defendant’s underlying criminal offense, when determining whether to revoke a …
Article • August 1, 2025 • from CLN August, 2025
The Quiet Transformation of Government Data into a Mass Surveillance Tool by David Kim In recent years, the federal government has been repurposing data originally collected for public services—such as tax filing, health care enrollment, and labor oversight—into a powerful tool for mass surveillance and law enforcement. Fueled by executive …
Article • August 1, 2025 • from CLN August, 2025
California Court of Appeal: Trial Court Misconstrued Elements of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing by Sagi Schwartzberg The Court of Appeal for California, Fifth Appellate District, held that petitioner Tramell Vernon Taylor was entitled to resentencing on his …
Punishment TV by Vidal Guzman This article was originally published on February 5, 2025, by Inquest.org at https://inquest.org/punishment-­tv/.   Last spring, Netflix released a reality show called Unlocked: A Jail Experiment. It follows a group of incarcerated men in Arkansas whose unit is briefly subjected to fewer security restrictions—a “radical …
Illinois Supreme Court Announces Entering ‘Blind’ Guilty Plea Does Not Waive Defendant’s Right to Challenge Sentence by Anthony Accurso The Supreme Court of Illinois ruled that a defendant retains the right to challenge his sentence when he enters a “blind” guilty plea, i.e., a plea that does not specify the …
Article • July 1, 2025 • from CLN July, 2025
SCOTUS Announces ‘Economic Loss’ Not Required to Violate Federal Wire Fraud Statute by David Kim In resolving a split among the United States Courts of Appeals, the Supreme Court of the United States held that a defendant who induces a victim to enter into a contract under false pretenses may …
Shelby County DA Oversees Retesting After Forensic Analyst’s Dismissal for ‘Unethical Conduct’ by Sam Rutherford Shelby County District Attorney Steve Mulroy is overseeing the retesting of forensic evidence in multiple sexual assault cases after the Tennessee Bureau of Investigation (“TBI”) terminated a forensic analyst at its Jackson laboratory for “unethical …
Article • July 1, 2025 • from CLN July, 2025
California Court of Appeal Issues Writ of Mandate Directing Superior Court to Hold Evidentiary Hearing Under State’s Racial Justice Act, Ruling Defendant Provided Sufficient Evidence to Establish Prima Facie Claim of Implicit Bias by San Diego Police by Sagi Schwartzberg The California Court of Appeal, Fourth Appellate District, granted a …
From Witness Descriptions to Digital Mugshots: AI’s Growing Role in Policing by James Mills Police departments across the United States are increasingly using artificial intelligence (“AI”) to generate composite sketches of suspects based on witness descriptions, accelerating an investigative process that once relied solely on human artists. The adoption of …
Article • July 1, 2025 • from CLN July, 2025
Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion by Douglas Ankney The United States Court of Appeals for the Fourth Circuit granted Scott Lewis Rendelman’s motion for authorization to …
New Orleans Police Continue Using Facial Recognition Despite City Restrictions by James Mills The New Orleans Police Department (“NOPD”) has used artificial intelligence-­powered facial recognition technology since at least 2018, often bypassing city ordinances designed to limit such surveillance, according to public records, internal emails, and a 2025 Washington Post …
Class Incarceration Has Become a Prominent Factor in Mass Incarceration by Charles "Keith" Wampler Although the issue is not even close to being resolved, the United States has, in recent years, made some noticeable progress on the issue of racial disparity in our criminal justice system. Regardless of what research …
Article • July 1, 2025 • from CLN July, 2025
Green Light for Justice: Dutch Researchers Find Perovskite Method Improves Gunshot Residue Analysis with Unprecedented Sensitivity by Jo Ellen Nott A groundbreaking adaptation of perovskite technology is poised to transform forensic analysis of gunshot residue (“GSR”), offering unprecedented speed and sensitivity. “Perovskite” refers to a class of materials with a …
The Algocracy Agenda: How AI and the Deep State Are Digitizing Tyranny by John & Nisha Whitehead This column was originally published on May 29, 2025, on Rutherford.org. It has been reprinted with permission   “If one company or small group of people manages to develop godlike digital superintelligence, they …
Arizona’s Secret Mass Surveillance System: An Obscure Financial Database Amasses Millions of Financial Records in the Shadows by Michael Thompson In Arizona, a secretive program has quietly amassed a staggering trove of financial data on tens of millions of Americans and individuals worldwide, all under the guise of fighting crime. …
Colorado Supreme Court Announces Police Facilitating Drug-­Detection Dog’s Entry Into Vehicle by Opening Door During Traffic Stop Without Probable Cause Is Unconstitutional Search in Violation of Fourth Amendment by Anthony Accurso The Supreme Court of Colorado held that the police conducted an unreasonable search under the Fourth Amendment of a …
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