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Second Circuit: Government’s Misleading Disclosure Warrants New Trial
Article • April 12, 2019 • from CLN May, 2019
Filed under: New Trial Motions, Disclosure of Records
Second Circuit: Government’s Misleading Disclosure Warrants New Trial by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit ruled that the Government violated Rule 16 of the Federal Rules of Criminal Procedure when its misleading disclosure caused the defense to forego filing a motion to …
SCOTUS: Presumption of Prejudice Recognized in Flores-Ortega Applies Regardless of Defendant’s Appeal Waiver
Article • April 12, 2019 • from CLN May, 2019
Filed under: Appeals
SCOTUS: Presumption of Prejudice Recognized in Flores-Ortega Applies Regardless of Defendant’s Appeal Waiver by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that the presumption of prejudice recognized in Roe v. Flores-Ortega, 528 U.S. 470 (2000), applies regardless of whether a defendant has signed …
Can Criminal Records Ever Truly Be Expunged in the Internet Era?
Article • March 16, 2019 • from CLN April, 2019
Filed under: Disclosure of Records, Public Records, Internet
Can Criminal Records Ever Truly Be Expunged in the Internet Era? by Matthew Clarke by Matt Clarke  Expunction of criminal records is a traditional method of protecting those falsely arrested, falsely convicted, or deemed deserving of a second chance after completing probation. But with the prevalence of mugshot sites and …
Indiana Supreme Court Announces Trial Court Must Resentence on All Underlying Felonies After Gang Enhancement Sentence Reversed on Appeal
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals, Trials
Indiana Supreme Court Announces Trial Court Must Resentence on All Underlying Felonies After Gang Enhancement Sentence Reversed on Appeal by Derek Gilna by Derek Gilna The Supreme Court of Indiana ruled that following the reversal of a gang enhancement sentence under Ind. Code § 35-50-2-15 the trial court on remand …
$8.4 Million Combined Settlement Reached by ‘Norfolk Four’
Article • March 16, 2019 • from CLN April, 2019
Filed under: Settlements, Wrongful Conviction, Wrongful Imprisonment
$8.4 Million Combined Settlement Reached by ‘Norfolk Four’ by Douglas Ankney by Douglas Ankney Four former Navy sailors (the “Norfolk Four”), who were wrongly convicted of the rape and murder of Michelle Bosko, agreed to a $4.9 million settlement with the City of Norfolk, Virginia.  Governor Ralph Northam then signed …
Eleventh Circuit Rules DEA’s Definition of Positional Isomer Does Not Apply to Substances on Temporary Schedule, Vacates Possession Conviction
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals
Eleventh Circuit Rules DEA’s Definition of Positional Isomer Does Not Apply to Substances on Temporary Schedule, Vacates Possession Conviction by Matthew Clarke by Matt Clarke  The U.S. Court of Appeals for the Eleventh Circuit held that neither the definition of “positional isomer” set forth in 21 C.F.R. § 1300.0l(b) nor …
First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals, Sentencing, U.S. Sentencing Guidelines
First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive by Dale Chappell by Dale Chappell In a case where a defendant was sentenced when the career offender guideline still contained the so-called residual clause, the U.S. Court of Appeals for the First Circuit …
Nevada Supreme Court Clarifies, Narrows Nonhearsay Rule Under NRS 51.135(2)
Article • March 16, 2019 • from CLN April, 2019
Filed under: Trials
Nevada Supreme Court Clarifies, Narrows Nonhearsay Rule Under NRS 51.135(2) by Dale Chappell by Dale Chappell An out-of-court statement is not hearsay only if the person making the statement is subject to cross-examination concerning the statement, the Nevada Supreme Court instructed, clarifying and narrowing the application of when nonhearsay statements …
North Dakota Supreme Court Announces Implied Consent Advisory Must be Read After Arrest and Before Administering Test
Article • March 16, 2019 • from CLN April, 2019
Filed under: Drug Testing, Consent Decrees, DUI
North Dakota Supreme Court Announces Implied Consent Advisory Must be Read After Arrest and Before Administering Test by Douglas Ankney by Douglas Ankney In December 2018, the Supreme Court of North Dakota held that the implied consent advisory pursuant to N.D.C.C. § 39-20-01(2) and (3) must be read after placing …
Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict
Article • March 16, 2019 • from CLN April, 2019
Filed under: Prosecutor/Attorney General Misconduct, Attorneys, Attorney Misconduct, Appeals, Habeas Corpus
Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit held that a defendant did not receive effective assistance of counsel when his attorneys failed to object and move for a mistrial …
Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence
Article • March 16, 2019 • from CLN April, 2019
Filed under: Search warrants, War on Drugs, Appeals, Fourth Amendment, rights
Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence by David Reutter by David Reutter The U.S. Court of Appeals for the Fourth Circuit affirmed the suppression of evidence obtained while executing a search warrant based on the discovery …
Sixth Circuit Rejects Qualified Immunity Claim in Malicious Prosecution Suit for Wrongful Arrest and Conviction Involving Multiple Lies by Police
Article • March 16, 2019 • from CLN April, 2019
Filed under: Police Misconduct, Appeals, Wrongful Conviction, Wrongful Imprisonment, Qualified Immunity
Sixth Circuit Rejects Qualified Immunity Claim in Malicious Prosecution Suit for Wrongful Arrest and Conviction Involving Multiple Lies by Police by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit upheld the denial of summary judgment filed by Detroit police in a lawsuit alleging malicious …
Seventh Circuit: Claim for Unlawful Pretrial Detention Accrues on Date of Release
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals, Overdetention
Seventh Circuit: Claim for Unlawful Pretrial Detention Accrues on Date of Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit has held that the accrual date for claims for arrest and detention without probable cause is the date the detention ends. Maurice Lewis …
In Landmark Civil Asset Forfeiture Case, U.S. Supreme Court Holds Excessive Fines Clause of Eighth Amendment Applicable to States
Article • March 16, 2019 • from CLN April, 2019
Filed under: Filing Fees, Forfeiture, Bond Fees, Booking Fees
In Landmark Civil Asset Forfeiture Case, U.S. Supreme Court Holds Excessive Fines Clause of Eighth Amendment Applicable to States by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that the Excessive Fines Clause of the Eighth Amendment is applicable to the states through the …
Ninth Circuit Holds Juror Who Wouldn’t Unequivocally State She Could Be Impartial Should Have Been Excused; New Trial Ordered Because Biased Juror Can’t Be Harmless Error
Article • March 16, 2019 • from CLN April, 2019
Filed under: Juries, Jury Service and Selection Act
Ninth Circuit Holds Juror Who Wouldn’t Unequivocally State She Could Be Impartial Should Have Been Excused; New Trial Ordered Because Biased Juror Can’t Be Harmless Error by Dale Chappell by Dale Chappell In a case where a juror did not unequivocally state that she could be unbiased because she had …
Fourth Circuit Grants Habeas Relief for Death Row Prisoner Because Trial Court Excluded Expert Testimony Defendant Represents Low Risk of Violence in Prison
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals, Habeas Corpus, Death Penalty/Death Row, Death Row
Fourth Circuit Grants Habeas Relief for Death Row Prisoner Because Trial Court Excluded Expert Testimony Defendant Represents Low Risk of Violence in Prison by David Reutter by David Reutter The U.S. Court of Appeals for the Fourth Circuit reversed the denial of habeas corpus relief to a death row prisoner. …
Supreme Court of Alaska Announces Court System Bears Costs of Expert Evaluation When Insanity or Diminished Capacity Raised as Defense
Article • March 16, 2019 • from CLN April, 2019
Filed under: Defenses, Expert Witnesses, Mental Health
Supreme Court of Alaska Announces Court System Bears Costs of Expert Evaluation When Insanity or Diminished Capacity Raised as Defense by Chad Marks by Chad Marks The Supreme Court of Alaska held that a trial court was required under Alaska state law to appoint at least two qualified psychiatrists or …
Appeals court provides new vehicle to challenge registration
Article • March 15, 2019 • from CLN April, 2019
Filed under: Sex Offender Registration, Appeals, Sex Offender Registration and Notification Act
Appeals court provides new vehicle to challenge registration by Larry N. by Larry N., NARSOL We are excited to report that registrants in Pennsylvania now will have a new vehicle to challenge sex offender registration. The United States Court of Appeals for the Third Circuit Court handed down a precedential …
The FBI Says Its Photo Analysis Is Scientific Evidence. Scientists Disagree.
Article • March 15, 2019 • from CLN April, 2019
Filed under: junk science, FBI
The FBI Says Its Photo Analysis Is Scientific Evidence. Scientists Disagree. by Ryan Gabrielson The bureau’s image unit has linked defendants to crime photographs for decades using unproven techniques and baseless statistics. Studies have begun to raise doubts about the unit’s methods. by Ryan Gabrielson, ProPublica At the FBI Laboratory …
HRDC v. ICE, D.C., Complaint, Public Records, 2019
Filing • March 11, 2019
Filed under: Public Records, PLN Litigation, Public Records Act
HRDC v. ICE, D.C., Complaint, Public Records, 2019 Case 1:19-cv-00673 Document 1 Filed 03/11/19 Page 1 of 7 U N I T E D S TAT E S D I S C T R I C T C O U RT F O R T H E D I S …
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