Skip navigation
Criminal Legal News

Search

More search options »
10869 results
Page 206 of 544. « Previous | 1 2 3 4 ... 202 203 204 205 206 207 208 209 210 ... 540 541 542 543 544 | Next »

New Law Makes It Harder for California’s Cops to Get Away with Killing People
Article • November 19, 2019 • from CLN December, 2019
Filed under: Criminal justice system reform, Public Records, Police--Excessive Force, Police
New Law Makes It Harder for California’s Cops to Get Away with Killing People by Douglas Ankney by Douglas Ankney Beginning January 1, 2020, cops in California will be allowed to use deadly force only when the “officer reasonably believes ... that deadly force is necessary to defend against an …
Not Guilty but Punished Anyway
Article • November 19, 2019 • from CLN December, 2019
Filed under: 42 U.S. Code § 1983, civil action for deprivation of rights
Not Guilty but Punished Anyway by Douglas Ankney by Douglas Ankney Many people are aware that Pilate found Jesus “not guilty,” but Jesus was sentenced to death anyway. Fortunately, the American system of justice doesn’t permit such outcomes. Or does it? According to reason.com, federal judges can — and often …
Maryland Court of Appeals Announces Circuit Court Retains Authority to Exercise Its Revisory Power for Up to Five Years After Granting Belated Postconviction Motion
Article • November 19, 2019 • from CLN December, 2019
Maryland Court of Appeals Announces Circuit Court Retains Authority to Exercise Its Revisory Power for Up to Five Years After Granting Belated Postconviction Motion by Douglas Ankney by Douglas Ankney In a case of apparent first impression, the Court of Appeals of Maryland announced that a circuit court has authority …
Indiana Supreme Court: Postconviction Petition Addressing Only Issues From New Trial, New Sentencing, or New Appeal From Federal Court via Habeas Proceedings Is Not a Second Petition Under State Law
Article • November 19, 2019 • from CLN December, 2019
Filed under: Appeals, Habeas Corpus
Indiana Supreme Court: Postconviction Petition Addressing Only Issues From New Trial, New Sentencing, or New Appeal From Federal Court via Habeas Proceedings Is Not a Second Petition Under State Law by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that a postconviction petition that raises only issues …
Ninth Circuit: Federal Sentencing Court Must Hear Defendant Before Determining If Acceptance of Responsibility Reduction Applies
Article • November 19, 2019 • from CLN December, 2019
Filed under: Sentencing
Ninth Circuit: Federal Sentencing Court Must Hear Defendant Before Determining If Acceptance of Responsibility Reduction Applies by David Reutter by David Reutter The U.S. Court of Appeals for the Ninth Circuit held that a “sentencing court erred by concluding that it could not first hear from the defendant before determining …
Sixth Circuit Grants § 2254 Habeas Relief in Unusual Case of Attorney Failing to Initiate Plea Negotiations
Article • November 19, 2019 • from CLN December, 2019
Filed under: Habeas Corpus
Sixth Circuit Grants § 2254 Habeas Relief in Unusual Case of Attorney Failing to Initiate Plea Negotiations by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit reversed the decision of a district court that denied habeas relief. In an unusual ruling, the Sixth Circuit …
Law Professor Peeks at Prosecutor’s Veiled DNA Database
Article • November 19, 2019 • from CLN December, 2019
Filed under: DNA Testing/Samples, Databases
Law Professor Peeks at Prosecutor’s Veiled DNA Database by Douglas Ankney by Douglas Ankney In April 2007, the Orange County (California) District Attorney (“OCDA”) began what has become the largest database of DNA profiles not created by legislative act. Shrouded in secrecy until now, UC Berkeley Law Professor Andrea Roth …
Fifth Circuit: Practices of Orleans Parish Judges in Collecting Fines and Fees Violates Due Process
Article • November 19, 2019 • from CLN December, 2019
Fifth Circuit: Practices of Orleans Parish Judges in Collecting Fines and Fees Violates Due Process by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit affirmed the decision of a district court that granted summary judgment to the plaintiffs in a § 1983 suit alleging …
Seventh Circuit Vacates Conviction and Remands for a Franks Hearing
Article • November 19, 2019 • from CLN December, 2019
Seventh Circuit Vacates Conviction and Remands for a Franks Hearing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit vacated Michael Clark’s conviction and remanded for a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978). Investigator Todd Maas is a police officer …
California Supreme Court Holds Discovery Statute Requiring ‘Good Cause’ Not Applicable When Evidence Held by Court
Article • November 19, 2019 • from CLN December, 2019
California Supreme Court Holds Discovery Statute Requiring ‘Good Cause’ Not Applicable When Evidence Held by Court by Dale Chappell by Dale Chappell Must a habeas petitioner in California show “good cause” under the habeas discovery statute to obtain evidence held by the court, just like he must do if the …
Minnesota Supreme Court Announces Heightened Pleading Standard for Birchfield/Johnson Claims Raised in Collateral Postconviction Proceedings
Article • November 19, 2019 • from CLN December, 2019
Minnesota Supreme Court Announces Heightened Pleading Standard for Birchfield/Johnson Claims Raised in Collateral Postconviction Proceedings by Douglas Ankney by Douglas Ankney The Supreme Court of Minnesota announced a heightened pleading standard when a petitioner asserts a Birchfield/Johnson claim for relief in a collateral postconviction motion. On March 22, 2012, deputies …
Missouri Supreme Court Clarifies Defendant Is Entitled to Self-Defense Instruction When Substantial Evidence Supports Instruction Regardless of Whether Defendant Presented Evidence Contrary to Self-De...
Article • November 18, 2019 • from CLN December, 2019
Missouri Supreme Court Clarifies Defendant Is Entitled to Self-Defense Instruction When Substantial Evidence Supports Instruction Regardless of Whether Defendant Presented Evidence Contrary to Self-Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Missouri clarified that a defendant is entitled to a self-defense jury instruction whenever there is substantial …
Ninth Circuit Reverses Convictions Where Trial Court Failed to Provide Oral Jury Instructions
Article • November 18, 2019 • from CLN December, 2019
Filed under: Jury Instructions
Ninth Circuit Reverses Convictions Where Trial Court Failed to Provide Oral Jury Instructions by Chad Marks by Chad Marks The U.S. Court of Appeals for the Ninth Circuit ruled that the district court’s failure to provide oral jury instructions on the applicable substantive law constitutes structural error requiring reversal of …
Tenth Circuit: ‘Relevant Background Law’ Trumps Unclear Record in Granting § 2255 Relief From Johnson Error
Article • November 18, 2019 • from CLN December, 2019
Tenth Circuit: ‘Relevant Background Law’ Trumps Unclear Record in Granting § 2255 Relief From Johnson Error by Michael Berk by Michael Berk The U.S. Court of Appeals for the Tenth Circuit reversed the denial of a successive motion under 28 U.S.C. § 2255, remanding the case for resentencing where the …
Another notable (but ultimately disappointing) ruling about sentence reductions under § 3582(c)(1)(A) after FIRST STEP Act
Article • November 18, 2019 • from CLN December, 2019
Filed under: Criminal justice system reform, Sentencing
Another notable (but ultimately disappointing) ruling about sentence reductions under § 3582(c)(1)(A) after FIRST STEP Act by Professor Douglas A. Berman by Professor Douglas A. Berman, Sentencing Law and Policy blog (sentencing.typepad.com) As regular readers know, in prior posts I have made much of a key provision of the FIRST STEP …
Maryland Court of Appeals Abrogates Rule Requiring Corroboration of Accomplices’ Testimony and Announces New Rule
Article • November 18, 2019 • from CLN December, 2019
Maryland Court of Appeals Abrogates Rule Requiring Corroboration of Accomplices’ Testimony and Announces New Rule by Douglas Ankney by Douglas Ankney The Maryland Court of Appeals abrogated the rule that required the testimony of accomplice(s) be independently corroborated and replaced it with a new rule. In August 2015, Sandeep Bhulai’s …
In Landmark Opinion, Colorado Supreme Court Announces Courts May Not Sentence Defendant to Both Prison and Probation in Multi-Count Cases
Article • November 18, 2019 • from CLN December, 2019
Filed under: Sentencing, Probation
In Landmark Opinion, Colorado Supreme Court Announces Courts May Not Sentence Defendant to Both Prison and Probation in Multi-Count Cases by Richard Resch by Richard Resch The Supreme Court of Colorado unanimously held that sentencing courts may not impose imprisonment for certain offenses and probation for others when sentencing for …
9th Circuit: Sentence Under 18 U.S.C. § 3583(k) Violated Ex Post Facto Clause When Underlying Offense Was Committed in 2005
Article • November 18, 2019 • from CLN December, 2019
Filed under: Ex Post Facto
9th Circuit: Sentence Under 18 U.S.C. § 3583(k) Violated Ex Post Facto Clause When Underlying Offense Was Committed in 2005 by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that a sentence under 18 U.S.C. § 3583(k) for revocation of a term of …
California Supreme Court: Where Electronics Search Condition of Probation Is Not Reasonably Related to Future Criminality, Condition Is Invalid
Article • November 18, 2019 • from CLN December, 2019
Filed under: Searches
California Supreme Court: Where Electronics Search Condition of Probation Is Not Reasonably Related to Future Criminality, Condition Is Invalid by Douglas Ankney by Douglas Ankney The Supreme Court of California held that where an electronics search condition of probation is not reasonably related to future criminality the condition is invalid …
Risk Assessments in Cook County Ineffective
Article • November 18, 2019 • from CLN December, 2019
Filed under: Criminal justice system reform
Risk Assessments in Cook County Ineffective by Jayson Hawkins by Jayson Hawkins Risk assessments have been championed as a tool to help remove bias from criminal justice decisions. While there have been improvements in some areas, overall performance has fallen short of many expectations. Cook County, Illinois, began using the …
Page 206 of 544. « Previous | 1 2 3 4 ... 202 203 204 205 206 207 208 209 210 ... 540 541 542 543 544 | Next »