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Article • November 30, 2017
Fifth Circuit Dismisses Interlocutory Appeal of Roadside Body-Cavity Search Suit by Matthew Clarke by Matt Clarke On January 12, 2017, the Fifth Circuit court of appeals dismissed the interlocutory appeal of a deputy sheriff who was a bystander when a Texas Department of Public Safety (DPS) officer conducted a roadside …
Article • November 30, 2017
Filed under: Immigration
Corruption Homeland Security Dep't. Worse Than Porous Border by Matthew Clarke by Matt Clarke According to Department of Homeland Security (DHS) Inspector General John Roth, his office receives 300 to 400 cases alleging corruption against DHS personnel each year. The office investigates about 100 of them and passes the others …
Ohio's Adam Walsh Act Registration Not Retroactive by Mark Wilson by Mark Wilson The Ohio Supreme Court held that amendments to the state's sex offender registration law do not apply to defendants who committed their crimes before January 1, 2008. In 1996, the Ohio legislature enacted Megan's Law, establishing a …
Article • November 28, 2017
Fifth Circuit Upholds Denial of Continuance to Retain Counsel Morning of Revocation Hearing by Mark Wilson by Mark Wilson The United States Court of Appeals for the Fifth Circuit held that a lower court did not abuse its discretion in refusing to continue a supervised release revocation hearing to allow …
Article • November 28, 2017
Arkansas Supreme Court: Accident Report Information Not Exempt from FOIA Disclosure by Mark Wilson by Mark Wilson The Arkansas Supreme Court held that the federal Driver's Privacy Protection Act (DPPA) does not prohibit public disclosure of information contained in vehicle accident reports from being released under the Freedom of Information …
Article • November 28, 2017
Pennsylvania’s Lifetime Employment Ban Unconstitutional by David Reutter By David M. Reutter The Commonwealth Court of Pennsylvania held the lifetime ban on employment for persons convicted of enumerated felonies and seeking employ in facilities that care for older adults violates the Pennsylvania constitution’s due process clause. The ruling came in …
Article • November 28, 2017
Filed under: War on Drugs, Sentencing, Parole
Missouri’s Release of Pot Dealer Doing LWOP Gives Hope to Nonviolent Drug Offenders Incarcerated Nationwide by Joe Watson By Joe Watson Jeff Mizanskey, a 62-year-old Missouri state prisoner serving life without parole (LWOP) on a nonviolent drug conviction, was released on Sept, 2, 2015, eliciting cautious optimism that thousands like …
Article • November 16, 2017
Filed under: Crime/Demographics
Absurd, Abusive, and Outrageous: The Creation of Crime and Criminals in America by Christopher Zoukis by Christopher Zoukis The U.S. is a world leader in the jailing and imprisoning of its own citizens. The FBI estimates that local, state, and federal authorities have carried out more than a quarter-billion arrests …
Article • November 16, 2017 • from CLN December, 2017
Study’s Data Show Racial Disparity in Plea Bargaining Outcomes by Derek Gilna by Derek Gilna The Spring 2017 issue of Justice Quarterly published a report titled “Race, Plea, and Charge Reduction: An Assessment of Racial Disparities in the Plea Process,” which explores the perceived discrepancy in the outcomes for criminal …
Article • November 16, 2017
$6.7 Million to Cali. Mom After Police Broke Her Ankle During Warrantless Entry by Derek Gilna by Derek Gilna A San Jose woman, Danielle Burfine, won a settlement of $6.7 million for a federal civil rights lawsuit from the city of Santa Clara. Police body cam footage shows that on …
Article • November 16, 2017 • from CLN December, 2017
Missouri Supreme Court Holds Probation Revocation for Nonpayment of Court Costs Unconstitutional by Mark Wilson by Mark Wilson The Missouri Supreme Court sitting en banc ruled that a sentencing court improperly revoked a defendant’s probation for failing to pay court costs without first inquiring into the reasons for his failure …
Article • November 16, 2017 • from CLN December, 2017
Evidence Scandal Leads to the Dismissal of over 140 Texas Criminal Cases by Matthew Clarke by Matt Clarke Destruction of evidence held at the Harris County Precinct 4 Constable’s Office led to the dismissal of over 140 Texas criminal cases—most of them involving drug charges. When supervisors at the Precinct …
Article • November 16, 2017
South Dakota Supreme Court Holds Warrantless Use of Pole Camera Outside Residence for Two Months Constitutes a Search in Violation of Fourth Amendment by Richard Resch by Richard Resch After receiving a tip that a known drug dealer had been visiting Joseph Jones’ residence, police installed a pole camera, without …
Article • November 16, 2017
State Bar of Texas Pursuing Disciplinary Action against Prosecutor Who Lied about Deals with Jailhouse Informants in Capital Case by Richard Resch by Richard Resch In September 25, 2017, the State Bar of Texas filed a disciplinary action against former Harris County Assistant District Attorney Elizabeth A. Exley. She is …
Article • November 16, 2017
Seventh Circuit Vacates Death Sentence Because Stun Belt Worn by Defendant Contaminated Penalty Phase by Mark Wilson by Mark Wilson The United States Court of Appeals for the Seventh Circuit vacated a death sentence, finding that requiring the defendant to wear a stun belt at trial contaminated the penalty phase. …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Release and Reentry
Fourth Circuit Holds Supervised Release Revocation Sentence Unreasonable by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Fourth Circuit ruled that a supervised release revocation sentence was plainly unreasonable. The Court concluded that it was not reasonable for a district court to fail to address nonfrivolous …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Employee Searches
Urban Institute Releases Report Detailing the Effects of Criminal Background Checks on Employment by Derek Gilna by Derek Gilna The Justice Policy Center, part of the nonprofit Urban Institute, released a March 2017 report examining the impact criminal background checks have on employment and recidivism. According to a recent study, …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Evidence
California SVP Determination Based on Hearsay Evidence Reversed by Mark Wilson by Mark Wilson The Court of Appeal of California, Second Appellate District reversed a Sexually Violent Predator (“SVP”) adjudication, finding that the State’s expert witnesses improperly testified about inadmissible hearsay evidence in support of their conclusion that the SVP …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Guilty Pleas, Prosecutors
Alford Pleas: Prosecutors’ Choice for the Wrongfully Convicted by David Reutter by David M. Reutter When confronted with wrongful convictions, many prosecutors are forcing the exonerated on remand to make a Hobson’s choice: risk another trial or enter an Alford plea and go home. Faced with the uncertainties of a …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Searches
Eighth Circuit: Warrantless Seizure of Handgun Not Permitted under Plain View Doctrine by Mark Wilson by Mark Wilson The United States Court of Appeals for the Eighth Circuit held that the warrantless seizure of a handgun did not fall within the Plain View exception and was thus an illegal seizure. …
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