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Article • December 19, 2017 • from CLN January, 2018
Prosecutors in New Orleans Prosecute Public Defenders for Doing Their Job by Matthew Clarke by Matt Clarke Where can you face criminal prosecution for doing your job? The answer is New Orleans if you work for the Orleans Public Defenders (“OPD”). Prosecutors in New Orleans have been threatening to criminally …
Article • December 19, 2017 • from CLN January, 2018
Seventh Circuit: No Federal Court Jurisdiction to Resolve State Executive and Legislative Branch Disputes by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Seventh Circuit held that federal courts lack jurisdiction to hear declaratory judgment actions filed by a city’s executive branch against its legislative branch. …
Article • December 19, 2017 • from CLN January, 2018
Eighth Circuit Reverses Summary Judgment on Ferguson Protestor’s Excessive Force Claim by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Eighth Circuit reversed summary judgment in favor of four police officers on an excessive force claim while arresting protestors of the Michael Brown police shooting death. …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Evidentiary Ruling
Ninth Circuit Suppresses Gang Affiliation Evidence Obtained Without Miranda Warnings by Mark Wilson by Mark Wilson The United States Court of Appeals for the Ninth Circuit affirmed the suppression of evidence of gang affiliation obtained without Miranda warnings. On July 4, 2012, Antonio Gilton was arrested for murder and invoked …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Attorney Misconduct
Mississippi Supreme Court Upholds Lawyer’s Contempt Sanction for “Improper” Argument by Mark Wilson by Mark Wilson The Mississippi Supreme Court upheld contempt sanctions against a criminal defense attorney, finding that he prejudiced the jury against the judge and prosecutor when he insinuated that they were preventing him from telling the …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Evidentiary Ruling
Trump Administration Kills Obama’s Forensic Evidence Reliability Reform Efforts by Mark Wilson by Mark Wilson Less than three months into the Trump administration, the President’s assault on science, truth, and all things Obama reached the criminal justice system. Under Trump’s watch, a commission working to improve the reliability of forensic …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Transcripts
Georgia Supreme Court Grants New Trial After Trial Transcript Lost by Christopher Zoukis by Christopher Zoukis The Georgia Supreme Court unanimously ruled on October 2, 2017 that a convicted murderer was entitled to a new trial because the original trial transcript was destroyed in a fire, and the State’s efforts …
Article • December 19, 2017
Texas Police Officer Still Has His Job After Multiple Excessive Force Settlements by In most jobs when an employee continues the same pattern of unacceptable behavior three times, he or she is immediately terminated. However, that is not the case for an officer with the Austin Police Department in Texas. …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Juveniles, Police
New California Law Safeguards Minors’ Rights When in Police Custody by On October 11, 2017, California Governor Jerry Brown signed into law much-needed protection for minors who are targeted by police for questioning. Senate Bill 395 requires that minors 15 years of age or younger consult with a lawyer in …
Article • December 19, 2017
Filed under: Police Misconduct, Searches
New Jersey Supreme Court Provides Guidance on “Exigent Circumstances” Warrantless Searches by Christopher Zoukis by Christopher Zoukis The New Jersey Supreme Court issued a ruling on July 25, 2017 in which it granted qualified immunity to a police officer accused of a police-created “exigent circumstances” search. But in the process …
Article • December 19, 2017
Report Finds States’ Suspension of Driver’s Licenses for Unpaid Fines Counterproductive by Derek Gilna by Derek Gilna The Legal Aid Justice Center released a report on September 26, 2017 that makes the argument the laws of 43 states that provide for the suspension of driver’s licenses for non-payment of traffic …
$450,000 Settlement to Whistleblower in Case of Framing by David Reutter by David Reutter The U.S. Court of Appeals for the Sixth Circuit ruled a one-legged woman exonerated of murder can sue a Kentucky State Police (“KSP”) detective whom the woman charged framed her. In connection with her case, a …
Article • December 19, 2017 • from CLN January, 2018
What Do You Get for Kicking Handcuffed Suspects? Promoted and $130,000 Annual Pension for Life by Derek Gilna by Derek Gilna In most jobs, if you kick a defenseless person multiple times and attempt to cover it up, you will not only get fired, but will probably also get arrested …
Article • December 19, 2017
Retired Police Officer Receives 28-Year Sentence for Drive-By Shooting by Christopher Zoukis by Christopher Zoukis A retired police officer from Hercules, California has been sentenced to 28 years in prison for attempting to murder his estranged wife in a 2015 drive-by shooting. John Goodner was accused of stalking and harassing …
Article • December 19, 2017 • from CLN January, 2018
Idaho Supreme Court Reinstates Class Action Against the State Alleging Inadequate Public Defense System by Mark Wilson by Mark Wilson On April 28, 2017, the Idaho Supreme Court reversed the dismissal of a class action lawsuit alleging that Idaho’s public defense system violates federal and state constitutional standards. The Court …
Article • December 19, 2017 • from CLN January, 2018
Suffolk County District Attorney and Aide Indicted for Beating and Coverup by Derek Gilna by Derek Gilna Suffolk County, New York residents concerned about crime in their community apparently did not need to look any further than the activities of their own district attorney, Thomas Spota, 76. He and his …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Police Misconduct
Baltimore Police Department’s Misconduct Scandals Result in Hundreds of Dismissals and Indictment of Eight Officers by Derek Gilna by Derek Gilna A federal racketeering investigation into Baltimore Police Department misconduct has resulted in the dismissal of approximately 300 pending prosecutions and investigations into an additional 850, including some that were …
Eighth Circuit Reverses Summary Judgment in Deadly Excessive Force Claim Because Reasonableness of Officers’ Actions Not Conclusively Established by David Reutter by David Reutter The U.S. Court of Appeals for the Eighth Circuit reversed the grant of summary judgment on an excessive force claim in which police officers shot a …
Article • December 19, 2017 • from CLN January, 2018
Oregon Supreme Court Announces Default Rule When Plea Agreement Silent About Reprosecution Upon Subsequent Death of Victim by Mark Wilson by Mark Wilson The Oregon Supreme Court upheld the dismissal of murder charges against a defendant who pleaded guilty under a plea agreement to assaulting a victim who subsequently died. …
Article • December 19, 2017 • from CLN January, 2018
New York Becomes First State to Require Trial Judges to Remind Prosecutors of Their Brady Obligations During All Criminal Trials by Christopher Zoukis by Christopher Zoukis New York Chief Administrative Judge Lawrence K. Marks issued a bold (and much needed) new rule on November 7, 2017. Intended to remind prosecutors …
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