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Article • June 15, 2024 • from CLN June, 2024
Filed under: News in Brief
News in Brief by Alabama: Participants in Shelby County’s Drug Court are granted preferred prosecution if they can complete an intensive program. One of the steps of the program includes periodic drug testing. The Drug Court is a separate entity from the Shelby County Jail, with the sole purpose of …
California Court of Appeal: Statistical Evidence Showing Racial Disparity Combined With Evidence Showing Non-Minority Defendants Charged With Lesser Crimes Establishes Prima Facie Case Under California Racial Justice Act by Douglas Ankney by Douglas Ankney   The Court of Appeal of California, Fourth Appellate District, held that “if a defendant provides …
Article • June 15, 2024 • from CLN June, 2024
AC Units and DNA by Douglas Ankney by Douglas Ankney   Australian researchers at Flinders University have employed a promising new technique to collect and record forensic DNA evidence from crime scenes. A new study appearing in Electrophoresis focused on the DNA retrieved from air conditioning (“AC”) units that circulate …
Article • June 15, 2024 • from CLN June, 2024
Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees by Douglas Ankney by Douglas Ankney   The Supreme Court of Indiana clarified the framework for determining when a court may apply a cash bail toward payment of …
Changes to Appeals of Pretrial Detention Decisions Prompts Illinois Supreme Court to Adopt Changes to Appellate Rules by Douglas Ankney by Douglas Ankney   Due to the monumental increase in the number of appeals of bond decisions, the Illinois Supreme Court adopted new appellate rules recommended by a five-person taskforce …
First Circuit: Defendant Did Not Understand Consequences of Guilty Plea Because District Court and Counsel Led Him to Reasonably Believed Plea Agreement Would Result in Sentence Below Applicable Mandatory Minimum by David Reutter by David M. Reutter   The U.S. Court of Appeals for the First Circuit vacated a defendant’s …
U.S. Sentencing Commission Votes Unanimously to Restrict Use of Acquitted Conduct at Sentencing by Sam Rutherford by Sam Rutherford   On April 17, 2024, the U.S. Sentencing Commission voted unanimously to limit consideration of conduct for which a person was acquitted in federal court from being used in calculating the …
Article • June 15, 2024 • from CLN June, 2024
Report Finds Inaccurate Field Drug Tests Major Cause of Wrongful Convictions by Matthew Clarke by Matthew T. Clarke   A report published in January 2024 by the Quattrone Center for the Fair Administration of Justice at the University of Pennsylvania’s Carey School of Law revealed that false positives in presumptive …
Article • June 15, 2024 • from CLN June, 2024
Filed under: Forensic Sciences
New Research on Predictive Models for Pediatric Head Injuries by Jo Ellen Nott by Jo Ellen Knott   Differentiating accidental falls from child abuse in young children poses a significant challenge for professionals who work these cases. Child abuse cases are some of the most challenging for prosecutors, law enforcement …
Article • June 15, 2024 • from CLN June, 2024
Government Accountability Office Issues a Report on DOJ and DHS Use of Facial Recognition Technology by Michael Thompson by Michael Dean Thompson Considering all the bad press surrounding Facial Recognition Technology (FRT) and its high-profile failures, a recent report from the Government Accountability Office found that the seven agencies believed …
Article • June 15, 2024 • from CLN June, 2024
Oregon Supreme Court Rules Police Questioning of Probationer in Probation Officer’s Secure Office Absent Miranda Warning Constitute ‘Compelling Circumstances’ and Suppresses Statements by Anthony Accurso by Anthony W. Accurso   The Supreme Court of Oregon suppressed statements made by a defendant on probation to police who interrupted a meeting between …
Article • June 15, 2024 • from CLN June, 2024
Junk Science Convicted an Innocent Sailor, DNA Exonerated Him Decades Later with the Help of the Innocence Project by Jo Ellen Nott by Jo Ellen Knott   Keith Harward, 67, was born in Greensboro, North Carolina, a state whose motto is “To be, rather than to seem.” Unfortunately for Harward, …
Article • June 15, 2024 • from CLN June, 2024
Third Circuit Denies Prosecutor’s Claim of Absolute Immunity Where Wrongfully Convicted Man’s Complaint Alleged Facts Sufficient to Support Finding That Prosecutor’s Actions Served ‘Investigatory Function’ by Douglas Ankney by Douglas Ankney   The U.S. Court of Appeals for the Third Circuit affirmed the U.S. District Court for the Middle District …
New York Court of Appeals: Dismissal Required Where Prosecution Failed to Explain Repeated Requests for Post-Readiness Adjournment by Sam Rutherford by Sam Rutherford   The Court of Appeals of New York, the state’s highest court, held that the People violated a defendant’s statutory right to a speedy trial by filing …
Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation by Douglas Ankney by Douglas Ankney   The Supreme Court of Delaware ruled that a warrant authorizing a search and seizure of …
Colorado Supreme Court Announces Parole Board Not Statutorily Required to Consider ‘Demonstrated Maturity and Rehabilitation’ When Deciding Whether to Release Sex Offenders Who Received Adult Sentences for Crimes Committed as Juveniles by Sam Rutherford by Sam Rutherford   In a case of first impression, the Supreme Court of Colorado held …
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 …
Article • June 15, 2024 • from CLN June, 2024
DOJ Creates Database to Track Federal Law Enforcement Officers Accused of Misconduct by Sam Rutherford by Samuel Rutherford   As reported by the Associated Press, the Department of Justice (“DOJ”) announced the creation of a database designed to track serious misconduct complaints against federal law enforcement officers. The purpose of …
Article • June 15, 2024 • from CLN June, 2024
Misuse of Facial Recognition Technology Threatens Everyone by Michael Thompson by Michael Dean Thompson   Facial recognition technology (FRT) corporations and the policing agencies that use them continue to jeopardize American civil liberties. While their advocates point to a National Institute of Standards and Technology (NIST) study that reported the …
Idaho Supreme Court Admitting Video of Child-Witness Interviews at Trial Violates Confrontation Clause by Sam Rutherford by Sam Rutherford   The Supreme Court of Idaho held that a trial court violated a defendant’s Confrontation Clause rights by admitting video recorded interviews of a child witness at his trial on charges …
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