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Article • December 19, 2017 • from CLN January, 2018
DOJ Ends Unconstitutional Investigative Holds by Louisiana Police by David Reutter by David M. Reutter The U.S. Department of Justice (“DOJ”) determined that two Louisiana police agencies utilized unconstitutional “investigative holds.” The practice was used by the Evangeline Parish Sheriff’s Office (“EPSO”) and the Ville Platte Police Department (“VPPD”) to …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Searches, Arrestee Searches
Idaho Supreme Court: Officer Must Intend to Arrest Before Conducting a Search Incident to Arrest by Christopher Zoukis by Christopher Zoukis The Idaho Supreme Court handed down an opinion on September 22, 2017 that clarified an important exception to the requirement that police officers obtain a warrant prior to conducting …
Article • December 19, 2017 • from CLN January, 2018
In Case of First Impression, Louisiana Supreme Court Holds Public Records Restriction Inapplicable to Defense Attorney’s Request for Client’s Files and Awards Fees by Mark Wilson by Mark Wilson The Louisiana Supreme Court held that an attorney representing an incarcerated felon is not subject to La. R.S. § 44:31.1 when …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Sentencing
Tennessee Supreme Court Clarifies Split Confinement Sentence Procedures by David Reutter by David Reutter In response to a federal district court’scertified questions of law, the Tennessee Supreme Court held that when imposing split confinement sentences under the Tennessee Sentencing Reform Act of 1989, a trial judge is authorized to fix …
Article • December 19, 2017 • from CLN January, 2018
Sentence Vacated Due to Improper Enhancement Under Sentencing Guidelines by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Second Circuit vacated an improperly enhanced sentence of 46 months for illegal reentry after deportation. In 2009, Roman Bartolo Genao, a national of the Dominican Republic, was …
Article • December 19, 2017 • from CLN January, 2018
Texas Attorney General Rules Civilly Committed Sex Offenders Entitled to Vote by Mail Ballot by Matthew Clarke by Matt Clarke In May 2017, Texas Attorney General Ken Paxton ruled that civilly committed sex offenders have a right to vote by mail ballot. The ruling puts an end to the confusion …
Article • December 19, 2017 • from CLN January, 2018
U.S. Supreme Court Rejects Habeas Relief Citing AEDPA Deference by Brandon Sample by Brandon Sample, Esq. If you are a state prisoner hoping to find a sympathetic ear for a federal habeas petition, two recent decisions from the U.S. Supreme Court illustrate the challenges one must overcome. Kernan v. Cuero …
Article • December 19, 2017 • from CLN January, 2018
New York City Quietly Assembling Massive Unregulated DNA Database by Derek Gilna by Derek Gilna Add overly aggressive collection of DNA samples from often unwitting individuals to the list of questionable police tactics in New York City with which criminal defense attorneys and the general public must now deal. Operating …
Article • December 19, 2017 • from CLN January, 2018
Supreme Court Holds Texas May Not Use Outdated Standards to Determine Intellectual Disability in Death Penalty Cases by Matthew Clarke by Matt Clarke In a 5-3 opinion handed down on March 28, 2017, the U.S. Supreme Court held that the Texas Court of Criminal Appeals (“CCA”) violated the Eighth Amendment …
Article • December 19, 2017
Intellectual Disabilities Must Be Considered in Oregon Proportionality Challenges by Mark Wilson by Mark Wilson The Oregon Supreme Court held that a defendant’s intellectual disabilities must be considered when deciding whether a mandatory minimum sentence is disproportionate under the Oregon and United States Constitutions. On July 15, 2013, Steven Ryan …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Searches, Expert Witnesses
Ninth Circuit Reverses Summary Judgment on Unreasonable Seizure Claim by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Ninth Circuit reversed the dismissal of unreasonable seizure and First Amendment violation claims. The Court held that there were disputed issues of material fact on whether police had …
Article • December 19, 2017 • from CLN January, 2018
Ninth Circuit: Discovery Rule Applies to Judicial Deception Claims by Mark Wilson by Mark Wilson Applying the Discovery Rule in determining when the applicable two-year statute of limitations (“SOL”) begins to run on “judicial deception” claims, the U.S. Court of Appeals for the Ninth Circuit held that a claim brought …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Editorials
From the Editor by Richard Resch by Richard Resch Happy New Year and welcome to Criminal Legal News (“CLN”). If you’re reading this, you’re likely familiar with the Human Rights Defense Center (“HRDC”) and its companion publication, Prison Legal News (“PLN”). We’ve sent the first issue of CLN to all …
Article • December 19, 2017 • from CLN January, 2018
U.S. Supreme Court Decision Temporarily Throws Florida’s Death Machine Into Disarray and Prompts Change to State’s Death Penalty by David Reutter by David M. Reutter Following the 2016 U.S. Supreme Court ruling in Hurst v. Florida, 136 S. Ct. 616 (2016), which concluded that Florida’s death penalty sentencing scheme violated …
Article • December 19, 2017
Petition Asks Massachusetts High Court to Dismiss 18,000 Drug Convictions Tainted by Chemist Who Falsified Results by Derek Gilna by Derek Gilna The Committee for Public Counsel Services, Hampden County Lawyers for Justice, Inc., American Civil Liberties Union of Massachusetts (“ACLUM”), and two individuals who were convicted in cases that …
Article • December 19, 2017 • from CLN January, 2018
News in Brief by Arkansas: On October 16, 2017, former Gateway Police Chief and Benton County Constable Grant Hardin, 48, was sentenced to 30 years in prison after admitting to fatally shooting James Appleton in February. He pleaded guilty to first-degree murder in a plea agreement in which the prosecution …
Article • December 14, 2017
Filed under: War on Terror, Terrorism, FBI
D.C. Circuit Holds Bivens Not Available for Extraterritorial Incidents by On October 23, 2015, the Court of Appeals for the D.C. Circuit held that a man who had been detained, interrogated and tortured for four months in three African countries by and with the consent of FBI agents could not …
Article • December 14, 2017
Changes to California’s Parole Scheme Not Unconstitutional by The Ninth Circuit Court of Appeals held the most recent voter approved changes to California’s parole laws do not violate the ex post facto clause. In 1988, California voters passed proposition 89, which amended the California constitution to grant the governor the …
Article • December 14, 2017
Filed under: Appeals, Bail Bonds
Second Circuit Certifies Question of Law in Bail Forfeiture Case to New York Court of Appeals by Lonnie Burton by Lonnie Burton On November 15, 2016, the U.S. Court of Appeals for the Second Circuit asked the New York Court of Appeals to resolve a question of New York law …
Article • December 14, 2017
Texas Court of Appeals Upholds Dismissal of Suit Against Parole Board by Matthew Clarke by Matt Clarke On February 23, 2016, a Texas court of appeals upheld the dismissal of a lawsuit brought against a parole board member and two parole commissioners. John Henry Boykin, a Texas state prisoner, filed …
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