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Article • November 16, 2017 • from CLN December, 2017
Several States Bar Landlords from Automatically Denying Housing to Felons by by Lonnie Burton At least three states and the federal government are putting landlords on notice: You may not automatically deny housing to someone simply because he or she has a felony record. These rules and guidelines take different …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Attorneys, Habeas Corpus
Habeas Hints: SCOTUS Review 2016–17 by Kent Russell, Tara Hoveland by Attys. Kent Russell & Tara Hoveland This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorney (“in pro per”). The focus of the column is on “AEDPA,” the federal habeas …
Article • November 16, 2017 • from CLN December, 2017
Fourth Circuit Holds North Carolina Sex Offender Restrictions Unconstitutional by Matthew Clarke by Matt Clarke On November 30, 2016, the U.S. Court of Appeals for the Fourth Circuit affirmed a federal district court’s judgment that portions of the North Carolina sex offender restrictions statute were unconstitutional. John Does #1 through …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Crime
Colorado Supreme Court Rules That Criminal Trespass Is a Lesser Included Offense of Burglary by Christopher Zoukis by Christopher Zoukis The Colorado Supreme Court ruled on September 11, 2017 that the crime of unlawful sexual contact is a lesser included offense of sexual assault, meaning the two must merge. This …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Sexual Assault
Colorado Supreme Court Rules That Unlawful Sexual Contact Is a Lesser Included Offense of Sexual Assault by Christopher Zoukis by Christopher Zoukis The Colorado Supreme Court ruled on September 11, 2017 that the crime of unlawful sexual contact is a lesser included offense of sexual assault, meaning the two must …
Article • November 16, 2017 • from CLN December, 2017
Kentucky Court Rules Death Penalty Statute Applied to Defendant under 21 Years Old Unconstitutional by Mark Wilson by Mark Wilson On August 1, 2017, a Kentucky trial court judge declared the state’s death penalty statute unconstitutional when applied to defendants who were younger than 21 years of age at the …
Article • November 16, 2017
Filed under: Editorials
From the Editor by Paul Wright by Paul Wright Welcome to the first issue of Criminal Legal News. You are receiving our complimentary first issue because you are a subscriber to Prison Legal News. This is the second magazine I have started since 1990 when I started PLN, and what …
Article • November 9, 2017
Filed under: Police Misconduct, Police, FBI
The FBI's Forgotten Criminal Record by James Bovard by James Bovard President Trump’s firing of FBI chief James Comey on May 9 spurred much of the media and many Democrats to rally around America’s most powerful domestic federal agency. But the FBI has a long record of both deceit and …
What Happens When A Troubled Police Department Refuses To Reform? by by Nick Wing and Dennis Domrzalski ALBUQUERQUE ― Early on the morning of Aug. 24, 2016, two Albuquerque police officers responded to a 911 call at an apartment complex on the city’s west side. Inside, they found the remains of …
Article • November 3, 2017
It’s a Fact: Supreme Court Errors Aren’t Hard to Find by A ProPublica review adds fuel to a longstanding worry about the nation’s highest court: The justices can botch the truth, sometimes in cases of great import. by Ryan Gabrielson, originally published on ProPublica, Oct. 17, 2017; reprinted with permission. In 2007, a …
Article • October 24, 2017
$102,437 Jury Award in Miami Beach Florida False Arrest Case by Christopher Zoukis A Florida jury found for the plaintiff in a false arrest claim on February 28, 2013. The plaintiff, Dale Picardat, Jr., alleged that he was accosted by Miami Beach police officer Glenn Teboe when he was walking …
Article • October 24, 2017
$6,700 Jury Award in San Antonio Texas Police Brutality Case by Christopher Zoukis A six person federal jury found for the plaintiff in a 42 U.S.C. § 1983 excessive force case on January 29, 2013. The plaintiff, Gwendolyn Evans, claimed that San Antonio, Texas police officers Felipe Ramos and James …
Article • October 24, 2017
$5,485,394 Award in New York Wrongful Conviction Case by Christopher Zoukis Daniel Gristwood was a 29-year-old printer when he was arrested for the attempted murder of his wife on January 12, 1996. He initially confessed to the crime, and was convicted in New York state court based on that confession. …
Article • October 24, 2017
$3.1 Million Awarded in Florida False Arrest, Malicious Prosecution Case by A A Richard Sakharoff, a 49-year-old insurance agent, was asleep on his couch on June 17, 2001 when Boca Raton, Florida police officers knocked on his door and ordered him out. Officers were led to Sakharoff's home by a …
Article • October 24, 2017
FBI Ordered to Speed Up FOIA Document Production by Christopher Zoukis A judge in the United States District Court for the District of Columbia has ordered the FBI to greatly increase the speed at which it is producing documents responsive to a professor's Freedom of Information Act (FOIA) request. The …
Article • October 24, 2017
Ohio Supreme Court Declares Poor Relative Not Suitable to Adopt Her Nephew by Christopher Zoukis By Christopher Zoukis The Ohio Supreme Court has upheld a lower court ruling that an imprisoned mother's sister was not a suitable placement for the mother's sheltered child because she was poor. Brittany J. gave …
Article • October 23, 2017
No Forfeiture-Database Backup With Millions on the Line, NYPD Admits by Adam Klasfeld New York City is one power surge away from losing all of the data police have on millions of dollars in unclaimed forfeitures, a city attorney admitted to a flabbergasted judge on Tuesday. "That's insane,"  Manhattan Supreme …
Article • October 23, 2017
Excited. Delirious. Dead. by Michael Barajas by Michael Barajas Is excited delirium syndrome a medical phenomenon, or a convenient cover for deaths in police custody? When Jennifer Cooper looked down at her phone at 2 a.m., she was surprised to see she had missed texts and calls from two of …
Article • October 23, 2017
Filed under: Parole, Parole Conditions
"You're Still in Jail": How Electronic Monitoring Is a Shackle on the Movement for Decarceration by James Kilgore Despite the "law and order" vows of Attorney General Jeff Sessions, states and counties continue to take steps to reduce prison and jail populations. Last month, Cook County, Illinois initiated its own …
Who Polices Prosecutors Who Abuse Their Authority? Usually Nobody by Joaquin Sapien by Joaquin Sapien, ProPublica, and Sergio Hernandez, Special to ProPublica The murder case against Tony Bennett seemed pretty straightforward. Shortly before midnight on May 7, 1994, police found a 26-year-old man in the foyer of an apartment building …
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