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Article • November 16, 2017 • from CLN December, 2017
News in Brief by Alabama: An officer with the Sulligent Police Department named Gary Farrior, 60, was arrested on September 5, 2017 and indicted on 12 child sex-related crimes. Investigators with the Alabama State Bureau of Investigation began looking into Farrior after medical professionals alerted law enforcement in June. Two …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Sentencing
Oregon Supreme Court Rules No Vindictiveness in Resentencing Where Longer Term for Specific Conviction but Overall Multi-Conviction Sentence Shorter by Mark Wilson by Mark Wilson The en banc Oregon Supreme Court ruled that the “presumption of vindictiveness” is not triggered by an increased sentence on a single count when the …
Article • November 16, 2017 • from CLN December, 2017
Seventh Circuit: Violent Cop’s Below-Guideline Sentence Not Justified, Again by Mark Wilson by Mark Wilson The United States Court of Appeals for the Seventh Circuit held for a second time that a lower court improperly failed to explain its rationale for sentencing a violent police officer significantly below the applicable …
Article • November 16, 2017 • from CLN December, 2017
Filed under: State Statutes
Unloaded Firearm in Zipped Case Is Not “Deadly Weapon” under Oregon’s First-Degree Burglary Statute by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that an unloaded firearm in a zipped carry case is not a “deadly weapon” for purposes of Oregon’s burglary in the first-degree statute. Michael …
Article • November 16, 2017 • from CLN December, 2017
D.C. Court of Appeals Rules Warrantless Use of Stingray Device Constitutes Unlawful Search and Reverses Defendant’s Convictions by Richard Resch by Richard Resch In September 21, 2017, the District of Columbia Court of Appeals, the highest court in D.C., ruled that the warrantless use of a cell-site simulator (the generic …
Article • November 16, 2017 • from CLN December, 2017
Eleventh Circuit Holds Defendants Voluntarily Consented to Search in Police Ruse to Search Home Purportedly to Investigate Burglary by David Reutter by David Reutter The U.S. Court of Appeals for the Eleventh Circuit upheld a warrantless home search that was consented to as a result of a ruse by law …
Article • November 16, 2017 • from CLN December, 2017
Pennsylvania Supreme Court Rules State Sex Offender Registration Law Violates Ex Post Facto Clause by David Reutter by David Reutter The Pennsylvania Supreme Court held that the registration sections of Pennsylvania’s Sex Offender Registration and Notification Act (“SORNA”) are punitive and thus cannot be applied retroactively. The Court concluded that …
Article • November 16, 2017
Washington Supreme Court Holds Riding Lawnmower Not Motor Vehicle Under Theft Statute by The Washington Supreme Court held that, as a matter of law, a riding lawnmower is not a motor vehicle for purposes of the state’s theft of a motor vehicle statute. In 2015, Joshua Barnes was arrested forattempting …
Article • November 16, 2017 • from CLN December, 2017
Filed under: False Arrest
Georgia Supreme Court Rules Flipping the Bird Is Not Disorderly Conduct by Christopher Zoukis by Christopher Zoukis The Georgia Supreme Court ruled on October 2, 2017 that a raised middle finger, without more, amounts to constitutionally protected speech that cannot be grounds for a finding of criminal disorderly conduct. David …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Police
New Study: “Broken Windows” Policing May Not Be as Effective as Thought by Christopher Zoukis by Christopher Zoukis A study published in the scholarly journal Nature Human Behavior has established a connection between proactive policing and crime. But it is not the connection that proponents of proactive policing may have …
Article • November 16, 2017 • from CLN December, 2017
California Felonizes Some Prosecutorial Misconduct by Matthew Clarke by Matt Clarke On September 30, 2016, California Governor Jerry Brown signed into law a bill that was introduced by Assemblywoman Patty Lopez (D-San Fernando), felonizing some prosecutorial misconduct. Under the new law, a prosecutor can be sentenced to up to three …
Article • November 16, 2017
Filed under: Evidentiary Ruling
Mass. Supreme Court: Field Sobriety Tests Inadmissible Re: Marijuana by Christopher Zoukis by Christopher Zoukis The Massachusetts Supreme Court ruled that field sobriety tests (“FSTs”) may not be used as definitive evidence of impairment in cases involving allegations of operating a motor vehicle while under the influence of marijuana. The …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Parole, Parole Conditions
Ninth Circuit Concludes Mandatory Supervision Akin to Parole for Fourth Amendment Analysis by Mark Wilson by Mark Wilson In 2014, Steven Cervantes pleaded guilty to California counterfeiting and drug felonies. He was sentenced to three years in jail. The sentencing court then divided the sentence into two years of imprisonment …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Police
Proof of Law Enforcement Duty Is Primary Job to Establish Peace Officer Status by David Reutter by David Reutter The California Supreme Court reversed a conviction of misdemeanor battery upon a peace officer because the prosecution failed to prove harbor officers’ primary duty was law enforcement. Bryan Pennington was not …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Jury Instructions
Oregon Enacts Law Requiring Grand Jury Testimony to Be Recorded—Finally! by Mark Wilson by Mark Wilson "Recording grand juries will have a chilling effect on justice,” Clatsop County District Attorney Joshua Marquis inanely protested. “Why ‘fix’ a system that isn’t broken,” said the fox from deep inside the hen house! …
Article • November 16, 2017
U.S. Court of Appeals for D.C. Circuit Holds Waiver of FOIA Rights in Plea Agreement Unenforceable by David Reutter by David Reutter The U.S. Court of Appeals for the D.C. Circuit held that a Freedom of Information Act (“FOIA”) waiver as part of a plea agreement is unenforceable on public …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Police Misconduct
Georgia Supreme Court Tosses DUI Conviction Based on Officer’s Testimony of Impairment by Christopher Zoukis by Christopher Zoukis The Georgia Supreme Court sent a message to prosecutors in an October 2, 2017 opinion: A police officer’s testimony as to a defendant’s performance on a horizontal gaze nystagmus (“HGN”) test cannot, …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Habeas Corpus
Third Circuit Holds Habeas Petitioner’s Claim Based on Prosecutor Knowingly Using Perjured Testimony Not Subject to Brecht “Actual Prejudice” Standard by Richard Resch by Richard Resch The U.S. Court of Appeals for the Third Circuit held that when the prosecution knowingly presents or fails to correct perjured testimony, the defendant …
Article • November 16, 2017 • from CLN December, 2017
Nevada Supreme Court: Mistrial Due to Egregious and Improper Conduct by Prosecutor Bars Retrial by Christopher Zoukis by Christopher Zoukis The Nevada Supreme Court ruled on September 14, 2017 that double jeopardy bars retrial of a criminal defendant when a prosecutor intentionally engages in egregious and improper conduct that causes …
Article • November 16, 2017
Filed under: False Arrest
$1.1 Million False Arrest Award Affirmed by David Reutter by David Reutter A federal jury’s $1.1 million awardin a false arrest claim was affirmed by the U.S. Sixth Circuit Court of Appeals. This case stemmed from the arrest of Richard Wesley, a counselor and intervention specialist at Sixth District Elementary …
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