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Article • November 18, 2019 • from CLN December, 2019
Filed under: Settlements, Wrongful Death
$2.4 Million Paid by Sacramento in Wrongful Death Suit of Stephon Clark by Kevin Bliss by Kevin Bliss Two Sacramento, California, police officers, Terrance Mercadal and Jared Robinet, fatally shot Stephon Clark on March 18, 2018, amid accusations of racial profiling and excessive use of force. The District Attorney (“DA”) …
Article • November 18, 2019 • from CLN December, 2019
Second Circuit: Federal Habeas Relief Warranted Where State Trial Court’s Evidentiary Rulings Deprived Defendant of Right to Present a Complete Defense by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit instructed a district court to issue a conditional writ of habeas corpus based on …
Article • November 18, 2019 • from CLN December, 2019
Filed under: Appointment of Counsel
South Carolina Supreme Court Grants New Trial Based on IAC Because of Botched Alibi Defense by Dale Chappell by Dale Chappell A unanimous Supreme Court of South Carolina held that trial counsel was constitutionally ineffective for failing to present specific details of an alibi defense that the Court said undermined …
Article • November 18, 2019 • from CLN December, 2019
Filed under: Arrest and Booking
Massachusetts Supreme Court Suppresses Evidence Obtained After Miranda Warnings Translated into Spanish Deemed Incapable of Conveying Meaningful Advice by David Reutter by David Reutter The Supreme Judicial Court of Massachusetts affirmed the suppression of custodial statements where the translation of Miranda warnings into Spanish was inadequate to apprise the defendant …
Article • November 18, 2019 • from CLN December, 2019
Civil Death Laws: When Life is Death by Jayson Hawkins by Jayson Hawkins Certain human rights are inalienable, even for incarcerated individuals. When Joshua Davis received a shot of insulin in 2018 that was tainted with other prisoners’ blood, the resulting lawsuit against the institution that risked exposing him to …
Article • November 18, 2019 • from CLN December, 2019
Filed under: Sentencing
10th Circuit: Child Porn Stored on Multiple Devices Constitutes One Count of Possession Under 18 U.S.C. § 2252A(a)(5)(B) by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that child pornography stored on multiple devices at the same location and at the same time …
Brief • November 18, 2019
Hetes v. Central New Mexico Correctional Facility, et al., NM, Amended Complaint, Wrongful Death (Medical), 2019 Centurion 001132 STATE OF NEW MEXICO COUNTY OF SANTA FE FIRST JUDICIAL DISTRICT FILED 1st JUDICIAL DISTRICT COURT Santa Fe County 11/18/2019 4:19 PM KATHLEEN VIGIL CLERK OF THE COURT Corinne Onate D-101-CV-2019-00113 JADE …
Article • November 16, 2019 • from CLN December, 2019
Filed under: Wrongful Conviction
Tell Me What I Want to Hear, Not What I Need to Hear: How Confirmation Bias Causes Wrongful Convictions by Dale Chappell by Dale Chappell What if I invited you to a conference at a fancy hotel where experts would present solid evidence that questions the validity of something you …
Article • November 16, 2019 • from CLN December, 2019
Filed under: Bail
Second Circuit Clarifies Conditions for Releasing a Defendant on Bail to Home Detention With Private Armed Security Guards by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit clarified the circumstances when a defendant’s bail may include home confinement coupled with private armed security guards. …
Article • November 16, 2019 • from CLN December, 2019
Eighth Circuit Vacates Sentence for Improper Supervision Length After ACCA Enhancement Removed by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Eighth Circuit held that after the defendant’s ACCA enhancement was struck his sentence must be vacated because the court lacked jurisdiction to impose more supervision …
Article • November 16, 2019 • from CLN December, 2019
Oregon Supreme Court Explains PCR ‘Escape Clause’ Availability for Untimely Filed Petitions by Mark Wilson by Mark Wilson The Oregon Supreme Court held that an untimely post-conviction relief (“PCR”) proceeding may be filed if the legal and factual basis for a claim could not have been accessed, and a reasonable …
Article • November 16, 2019 • from CLN December, 2019
Roadmap for Filing a Second or Successive § 2255 Motion Under Davis by Dale Chappell by Dale Chappell The U.S. Attorney’s Manual passed out to federal prosecutors just after the Antiterrorism and Effective Death Penalty Act (“AEDPA”) was passed in 1996 had an interesting observation: “Under the AEDPA, federal prisoners …
Article • November 16, 2019 • from CLN December, 2019
Law Crazy, Government’s Insatiable Desire to Criminalize All Facets of Life by Edward Lyon by Ed Lyon  As societal standards continue to evolve, devolve, and change for better or worse, legislatures continue to enact laws to prohibit illegal acts and protect people. New technology always opens opportunities for improvement, as …
Article • November 16, 2019 • from CLN December, 2019
Filed under: Informants
Why Juries Need Expert Help Assessing Jailhouse Informants by Alexandra Natapoff Informants are highly motivated to lie. But jurors don’t always have the information or skills to discern the truth. by Alexandra Natapoff, The Appeal, a nonprofit criminal justice news site In February 2010, I was asked to testify as an expert …
Article • November 16, 2019 • from CLN December, 2019
Massachusetts Supreme Court Suppresses Evidence Obtained Following Illegally Prolonged Traffic Stop, Orders New Trial by Douglas Ankney by Douglas Ankney The Supreme Judicial Court vacated the convictions of Paulos Tavares, ruling that the trial court failed to suppress evidence that was obtained as the result of an officer extending a …
Article • November 16, 2019 • from CLN December, 2019
How the Secretive 'Discipline' Process for Federal Prosecutors Buries Misconduct Cases by Brooke Williams, Samata Joshi, Shawn Musgrave by Brooke Williams, Samata Joshi and Shawn Musgrave This October 10, 2019 article is republished with permission from The Intercept, an award-winning nonprofit news organization dedicated to holding the powerful accountable through fearless, adversarial journalism. …
Brief • November 14, 2019
Filed under: Protests
Imani v. City of Baton Rouge, LA, Complaint, Protesting, 2019 Case 3:17-cv-00439-JWD-EWD Document 189-1 11/14/19 Page 1 of 85 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ____________________________________ ) BLAIR IMANI, AKEEM MUHAMMAD, ) RAAE POLLARD, SAMANTHA NICHOLS, ) TAMMY CHENEY, ALEXUS CHENEY, ) VICTOR ONUOHA, KAREN SAVAGE, ) CHERRI …
Brief • November 13, 2019
Filed under: Retaliation
Le v. County of Santa Clara, CA, Complaint, Hostile Work Environment, 2019 E-FILED 11/13/2019 5:15 AM Clerk of Court Superior Court of CA, County of Santa Clara 19CV358475 Reviewed By: S. Alvarez 1 Seth Wiener (California State Bar No. 203747) LAW OFFICES OF SETH W. WIENER 2 609 Karina Court …
Brief • November 13, 2019
Filed under: Centurion, Malpractice
Pierce v. Corizon Health, Inc., et al., NM, Settlement Agreement, Medical Malpractice, 2019 Centurion 003165 · .RELEASE IN FULL AND SETTLEMEN T AGREEMEN T THIS RELEASE IN FULL AND SETTLEMENT AGREEMENT ("Agreement") is executed this I J ~ ay of ,A/"t1 ~/414~. 2019, by Christopher Pierce. RECITALS A. Christopher Pierce …
Publication • November 13, 2019
Filed under: Medical
Health Care Study: Florida Department of Corrections Health Care Study: Florida Department of Corrections November 13, 2019 Prepared by: Table of Contents Executive Summary 1 Introduction 4 Current System Overview 6 Health Care Costs 23 Alternative Service Delivery Models 33 Alternative Service Delivery Models in the Florida Department of Corrections …
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