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Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit upheld the U.S. …
Article • February 1, 2025 • from CLN February, 2025
Federal Facial Recognition Technology Fails Again by Michael Thompson by Michael Dean Thompson The federal government has again discovered that its use of facial recognition technology (“FRT”) harms Americans. The agencies using the technology are often doing so with little oversight or training, which is what the Government Accountability Office …
Article • February 1, 2025 • from CLN February, 2025
Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Minnesota affirmed a Court of Appeals (“COA”) decision holding that a …
Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case by Sam Rutherford by Sam Rutherford The Criminal Court of Appeals of Texas, the state’s highest court in criminal cases, granted a prisoner’s habeas corpus petition based on advances in science that undermined the validity of evidence …
Article • February 1, 2025 • from CLN February, 2025
Study Highlights Limitations in Forensic DNA Analysis Involving Lower Genetic Diversity Groups by Jo Ellen Nott by Jo Ellen Not A University of Oregon study, “Decreased accuracy of forensic DNA mixture analysis for groups with lower genetic diversity” published in Volume 27, Issue 11, 111067 of iScience in November 2024 …
Article • February 1, 2025 • from CLN February, 2025
Colorado Bureau of Investigation Admits Over 1,000 Cases Affected by DNA Test Misconduct by James Mills by James Mills The Colorado Bureau of Investigation (“CBI”) announced that more than 1,000 cases could be affected by the systematic deletion and falsification of data by forensic scientist Yvonne “Missy” Woods. Woods was …
Article • January 15, 2025 • from CLN February, 2025
Seeking Justice for Two: The DNA Scandal That Shook a Community by by Justyna Madenska This article explores the wrongful conviction of David Hehn and the unresolved murder of Gay Lynn Dixon, revealing systemic failures in forensic evidence handling and the justice system’s pursuit of true justice. In 1982, the …
Article • December 15, 2024 • from CLN January, 2025
Touch-Transfer DNA Remains Misunderstood and Still Poses High Risk of Wrongful Conviction by J.D. Schmidt by J.D. Schmidt Modern criminal investigations, especially cold homicide cases, often rely on what is known as “touch-transfer” DNA to identify the perpetrator. But in recent years, developments in DNA research have shown that there …
Las Vegas Jury Finds Detectives Fabricated Evidence Against Woman Who Spent 15 Years in Prison for Murder and Awards Her $34 Million by James Mills by James Mills A Nevada jury ruled that two Las Vegas homicide detectives fabricated evidence against a local woman in a 2001 murder. Kirstin “Blaise” …
Article • December 15, 2024 • from CLN January, 2025
Scent of Death Evidence Admitted at Indiana Murder Trial by Sam Rutherford by Sam Rutherford In May 2024, John Hallett, 54, of Michigan City was found guilty of murdering his roommate and then dismembering the body. Prosecutors obtained the conviction by relying on novel “scent of death” evidence to prove …
Article • December 15, 2024 • from CLN January, 2025
California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment by Sam Rutherford by Sam Rutherford The California Supreme Court held that the 2022 amendments to Penal Code § 1170, which limits a trial court’s ability to impose an upper-term sentence …
Article • December 1, 2024 • from CLN December, 2024
Missouri Man Awarded Record $38 Million After Insurance Company Refuses to Pay Wrongful Conviction Settlement by Sam Rutherford by Sam Rutherford A jury recently awarded a Missouri man $38 million dollars against Travelers Companies, Inc. and its subsidiaries after the insurance company refused to pay an $11 million settlement the man …
Filing • November 23, 2024
Filed under: Public Records
HRDC v. Centurion of VT LLC, VT, Settlement, Public Records, 2024 Settlement Agreement and Release NOW COMES the Human Rights Defense Center ("HRDC") and enters this Settlement Agreement and Release ("Agreement") with Centurion of Vermont, LLC ("Centurion") (collectively "Parties") as set forth below: WHEREAS, Plaintiff filed a lawsuit in the …
Brief • November 23, 2024
Filed under: Public Records
HRDC v. Centurion of Vermont LLC, VT, Settlement, Public Records, 2024 Settlement Agreement and Release NOW COMES the Human Rights Defense Center ("HRDC") and enters this Settlement Agreement and Release ("Agreement") with Centurion of Vermont, LLC ("Centurion") (collectively "Parties") as set forth below: WHEREAS, Plaintiff filed a lawsuit in the …
Article • November 1, 2024 • from CLN November, 2024
University of Maryland Carey Law Pioneers Forensic Defense Clinic by The University of Maryland Francis King Carey School of Law in Baltimore has launched the nation’s first Forensic Defense Clinic designed to equip law students with specialized knowledge in forensic evidence and its role in criminal law. This clinic, led …
Article • October 1, 2024 • from CLN October, 2024
Sixth Circuit Strikes Retroactive Application of Parts of Tennessee’s Sweeping Sex Offender Registration, Verification, and Tracking Law by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Sixth Circuit overturned a ruling by the U.S. District Court for the Middle District of Tennessee, enjoining enforcement of Tennessee’s …
Article • October 1, 2024 • from CLN October, 2024
Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant by David Reutter by David M. Reutter The Supreme Court of Ohio held that a defendant need not “intend to harm or kill another person to be entitled to a self-defense jury instruction.” The …
Article • October 1, 2024 • from CLN October, 2024
New Research Method Leads to Better Touch DNA Recovery and Development of Genetic Profiles by Douglas Ankney by Douglas Ankney Touch DNA—“the invisible biological traces deposited through a person’s skin’s contact with an object or other person”—can be found at crime scenes, but detection presents a challenge for officers attempting …
Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release by Dale Chappell by Dale Chappell F ederal courts have increasingly rejected the government’s argument that the U.S. Sentencing Commission lacked authority in implementing U.S. Sentencing Guidelines (“USSG”) § 1B1.13(b)(6). This provision, effective as of November 2023, …
Article • September 1, 2024 • from CLN September, 2024
DNA Databases, Privacy Concerns, and Noble Cause Bias by Michael Thompson by Michael Dean Thompson Networked Privacy and DNA Dana Boyd who was one of the first to describe the idea of Networked Privacy has pointed out that choice is not really individual in the network. That is, the choices …
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