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First Circuit: Sentencing May Not Be Based Upon Unreliable Hearsay Testimony by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the First Circuit remanded a defendant’s case for resentencing after ruling that the U.S. District Court for the District of Puerto Rico relied on impermissible hearsay …
Article • August 1, 2024 • from CLN August, 2024
Researchers Discover Wire-Cutting Evidence Is Too Unreliable for Court by Douglas Ankney by Douglas Ankney According to an article appearing on June 10, 2024, in the Proceedings of the National Academy of Sciences, researchers have concluded that wire-cutting evidence should not be admissible in court unless additional information about the …
False or Misleading Forensic Evidence Plays an Oversized Role in Wrongful Convictions by Jo Ellen Nott by Jo Ellen Nott The National Institute of Justice (“NIJ”) published a paper titled “The Impact of False or Misleading Forensic Evidence on Wrongful Convictions,” providing grim facts and figures on one of the …
HRDC Files Civil Rights Action on Behalf of Wrongly Convicted Florida Man Who Spent 45 Years in Prison by Sam Rutherford by Sam Rutherford   On April 17, 2024, the Human Rights Defense Center (“HRDC”), CLN’s non-profit publisher, and the civil rights law firm of Loevy and Loevy filed suit …
Massachusetts Supreme Judicial Court Affirms Trial Court’s Exclusion of Expert Testimony on iPhone’s Frequent Location History Data as Not Sufficiently Reliable Under Daubert-Lanigan Standard by Douglas Ankney by Douglas Ankney   In a case of first impression, the Massachusetts Supreme Judicial Court affirmed a trial court’s exclusion of expert testimony …
Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds by Douglas Ankney by Douglas Ankney A team of scientists from China’s Shanghai Normal University in collaboration with scientists from the United Kingdom’s University of Bath have developed a fluorescent spray that reveals fingerprints in seconds without compromising any potential DNA evidence. The …
Williams v. Ritchey, FL, Complaint, Wrongful Conviction, 2024 Case 3:24-cv-00367 Document 1 Filed 04/17/24 Page 1 of 40 PageID 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION Willie Williams, Plaintiff, No.24-cv-367 v. Charles David Ritchey, W. J. Mooneyham, J.R. Starling, the Estate of …
Williams v. Ritchey, FL, Complaint, Wrongful Conviction, 2024 Case 3:24-cv-00367 Document 1 Filed 04/17/24 Page 1 of 40 PageID 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION Willie Williams, Plaintiff, No.24-cv-367 v. Charles David Ritchey, W. J. Mooneyham, J.R. Starling, the Estate of …
Massachusetts State Police Facing Possible Class Action Lawsuit for Illegal Recordings by The Massachusetts State Police (“MSP”) is the defendant in a potential class action lawsuit alleging that troopers secretly recorded nearly 200 individuals during criminal investigations, many of them drug cases. These recordings made by a phone app called …
Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Maine reversed a defendant’s domestic violence conviction after finding her attorney was ineffective for opening the door to prejudicial evidence about her parenting …
New York Court of Appeals: Admission of Prior Bad Acts Evidence to Prove Propensity to Commit Crime Harmful Error by David Reutter by David M. Reutter The Court of Appeals of New York held a trial court erred in admitting evidence of prior bad acts evidence. It further concluded the …
AI Disrupts Established Forensic Fingerprint Analysis—Not Every Fingerprint Is Unique by Jo Ellen Nott by Jo Ellen Knott On January 10, 2024, Forensic Mag delivered astonishing news: Research out of Columbia University and the University at Buffalo radically challenged the long-held belief that fingerprints from different fingers of the same …
Article • February 15, 2024 • from CLN February, 2024
Filed under: Rape Shield Rule
New York Court of Appeals: Forensic Findings Establishing Possible Alternative Cause of Injuries in Sex-Crime Prosecution Admissible Under ‘Interest of Justice’ Exception to Rape Shield Law by David Reutter by David M. Reutter The New York Court of Appeals held a trial court erroneously applied New York’s Rape Shield Law …
Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit explained …
Article • November 1, 2023 • from CLN November, 2023
Study: ‘Inconclusive Finding’ by Examiner of Cartridge Casing Should Be Finding of ‘Excluded’ 85% of the Time by Douglas Ankney by Douglas Ankney A recent study by researchers from Arizona State University (“ASU”) “found that 85% of cartridge cases that were judged inconclusive by forensic firearm examiners were actually fired …
Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the Western District of …
Article • September 1, 2023 • from CLN September, 2023
Colorado Supreme Court Clarifies There Is No Per Se Rule Excluding Self-Serving Hearsay by Matthew Clarke by Matt Clarke The Supreme Court of Colorado ­clarified that there is no per se rule excluding self-serving hearsay by a criminal defendant, holding that “like any other hearsay statement, a defendant’s self-serving hearsay …
The Daniel Buffington Dilemma: Does His Expert Witness Testimony Satisfy Daubert? by Jo Ellen Nott by Jo Ellen Nott Twenty-seven states in the U.S. have the death penalty. Those states and the federal government carry out the sentence by injecting a lethal mix of one, two, or three drugs as …
Current Volume of Digital Evidence Challenge the Criminal Justice System to Do Better by Jo Ellen Nott by Jo Ellen Nott In an open access article first publishedonline on April 20, 2023, in The International Journal of Evidence & Proof, researchers from England and New Zealand discuss the challenges defense …
Article • June 23, 2023
Former Supervisor of D.C. Metro PD Intelligence Indicted for Tipping off Leader of Proud Boys About Impending Arrest by The U.S. Attorney’s Office for the District of the Columbia announced on May 19, 2023, that a former Metropolitan PD officer was indicted for allegedly tipping off a leader of the …
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