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Brief • October 17, 2019
Filed under: Eighth Amendment
Campbell v. Tejeda, IL, Settlement, 8th Amendment, 2019 Information Sheet for Case Number Official Case# 17-5454 17-CV-5454 .-... Case Name Filed Campbell, Ronald #A91769 v. Tejeda, et al. xx/xx/xx Received xx/xx/xx I. closed ~'" ••,_-"' I ;.-:: ~I -------P-la_i_n-ti-ff-s:_ _ _ _ _ _ _ _ _D_e_fe_n_d_a_n-ts_:_ _ _ _D_a_te-S-er_v_e_d_ …
Joint letter to investigate conditions at Stewart Detention Center in Georgia Senator David Perdue 455 Russell Office Building Washington, DC 20510 Representative Drew Ferguson 1032 Longworth House Office Building Washington, DC 20515 Representative Rob Woodall 1725 Longworth House Office Building Washington, DC 20515 Representative Barry Loudermilk 329 Cannon House Office …
Article • October 16, 2019
Filed under: News in Brief
News in Brief by Arizona: Fired Arizona state trooper Tremaine Jackson, 43, faces allegations of sex-related crimes – a total of 61 charges, cbsnews.com reports. Several women say he assaulted them during traffic stops or while being cited. While officers were investigating a claim against him in 2018, police identified eight …
Article • October 16, 2019 • from CLN November, 2019
‘Changes Are a Comin’ by Anthony Accurso by Anthony Accurso It seems like everyone is talking about criminal justice reform these days. Cross-partisan reforms are happening throughout the county as politicians of nearly all stripes seem to have emerged from a lock’em up binge into the next morning hangover of …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Police
Kansas Supreme Court: Expired License Plate Doesn’t Attenuate Evidence from Illegal Seizure by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas ruled that an officer’s discovery of an expired license plate subsequent to an illegal seizure did not attenuate the evidence obtained as a result of the illegal …
Article • October 16, 2019 • from CLN November, 2019
Defendant’s Flight From Police’s Illegal Frisk Doesn’t Render Improperly Obtained Evidence Admissible in Maryland by Anthony Accurso by Anthony Accurso  The Court of Appeals of Maryland held that a defendant’s flight during an illegal stop and frisk did not attenuate the link between the officers’ misconduct and the discovery of …
Article • October 16, 2019 • from CLN November, 2019
Costly Electronic Monitoring Programs Replacing Ineffective Jail Bond Systems by Kevin Bliss by Kevin Bliss America’s troubled bail systems that discriminate against the poor and are proven to be a costly and ineffective means of managing pretrial detainees are being replaced with one just as prejudicial but more burdensome. Cities …
Article • October 16, 2019 • from CLN November, 2019
Ninth Circuit Clarifies When Warrantless Searches of Cellphones at Border Are Reasonable by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit has clarified when warrantless searches of cellphones at the border are reasonable. Customs and Border Patrol (“CBP”) agents discovered nearly 31 pounds of …
Article • October 16, 2019 • from CLN November, 2019
Filed under: junk science
Faulty Science Still Admissible Evidence in Many States by Kevin Bliss by Kevin Bliss More than 40 percent of wrongful convictions are based on faulty forensic science, according to the Innocence Project, which works to help exonerate prisoners it believes have been wrongfully convicted. The nonprofit has been responsible for …
Article • October 16, 2019 • from CLN November, 2019
Big Brother, Big Business, Big Law Enforcement by Edward Lyon by Ed Lyon  The word ring has traditionally been used as a verb to describe what a bell does, whether it is mounted on a steeple or on the wall inside a residence. A product innovation by Amazon converts it …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Appeals
Third Circuit Announces New Rule for Amending § 2255 Motions on Appeal by Dale Chappell by Dale Chappell In a ruling that further divides the circuits on how and when a motion under 28 U.S.C. § 2255 can be amended, the U.S. Court of Appeals for the Third Circuit held …
Article • October 16, 2019 • from CLN November, 2019
Alabama OKs Chemical Castration for Some Sex Offenders by Dale Chappell by Dale Chappell Alabama Gov. Kay Ivey signed into law May 30, 2019, a new law that requires certain categories of sex offenders to undergo chemical castration before they can be released from prison. The new law puts Alabama, …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Sentencing
California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64 by Douglas Ankney by Douglas Ankney In a case of first impression, the California Court of Appeal for Division One of the First District announced that a person convicted of felony accessory is …
Article • October 16, 2019 • from CLN November, 2019
Filed under: DNA Testing/Samples
Connecticut Supreme Court: When Expert’s Testimony Asserts Truth of DNA Profile Prepared by a Different Non-Testifying Expert, Confrontation Clause Is Violated by Douglas Ankney by Douglas Ankney The Supreme Court of Connecticut ruled that when an expert witness testifies to the truthfulness and accuracy of a DNA profile prepared by …
Article • October 16, 2019 • from CLN November, 2019
Ex-Felons’ Rights Expanding to Include Jury Duty by Edward Lyon by Ed Lyon At present, it is believed that close to 20 million U.S. citizens are convicted felons. One of the many rights these citizens lost at conviction was jury service in federal courts. Twenty-seven states prohibit exes from jury …
Article • October 16, 2019 • from CLN November, 2019
Hundreds of Missouri Prisoners May Be Released Under New Sentencing Reform Law by Dale Chappell by Dale Chappell Missouri Governor Mike Parson signed into law in early July reforms to the state’s sentencing and parole laws that may help hundreds of prisoners obtain early release. The new measures allow prisoners …
Article • October 16, 2019 • from CLN November, 2019
U.S. District Court Grants Savings Clause Petition, Vacates Mandatory Life Sentence by Dale Chappell by Dale Chappell After the case had been sitting in the courts for seven years, the U.S. District Court for the Western District of North Carolina granted relief under the “savings clause” of 28 U.S.C. § …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Sentencing
Tenth Circuit: District Court Abused Discretion in Denying § 2255 Petition Without Hearing Where Record Didn’t Conclusively Show Defendant Not Entitled to Relief by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit ruled that a district court abused its discretion when it denied a …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Sentencing
Ninth Circuit: Drug Quantity in PSR Adopted by Sentencing Court not Binding in § 3582(c)(2) Sentence Reduction Proceedings by Michael Berk by Michael Berk The U.S. Court of Appeals for the Ninth Circuit held that a court determining eligibility for a sentence reduction based on an amended Guidelines range is …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Attorneys, Trials
10th Circuit: District Court Must Ensure When Defendant Waives Right to Counsel He Understands He’s Required to Adhere to Federal Procedural and Evidentiary Rules by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit ruled that a district court must ensure that when a criminal …
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