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Article • October 16, 2019 • from CLN November, 2019
Filed under: Searches, Databases
Is Data Mining an Invasion of Privacy? by Kevin Bliss by Kevin Bliss The Northern California Regional Intelligence Center (“NCRIC”) contracted with surveillance and data mining giant Planatir, cofounded by billionaire and PayPal cofounder Peter Thiel, for services in synthesizing information gathered from databases in hospitals, banks, police departments, and …
Article • October 16, 2019 • from CLN November, 2019
Ninth Circuit Rules IAC for Failure to Investigate Mitigating Evidence During Penalty Phase of Capital Trial by Anthony Accurso by Anthony Accurso  The U.S. Court of Appeals for the Ninth Circuit held the California Supreme Court was objectively unreasonable when it denied defendant’s claim that his lawyer provided ineffective assistance …
Article • October 16, 2019 • from CLN November, 2019
Fifth Circuit Vacates § 924 Convictions Based on Davis by Anthony Accurso by Anthony Accurso  The U.S. Court of Appeals for the Fifth Circuit held that the defendants’ convictions under 18 U.S.C. § 924 could not stand because they likely relied on the residual clause of § 924(c) that was …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Police
Safe Interactions Between Police and Citizens by Edward Lyon by Ed Lyon  Human nature being what it is, since the need for an organized law enforcement body arose, police have generally been a necessary evil. Judging from the seemingly countless articles detailing officer misconduct in Prison Legal News and Criminal …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Habeas Corpus, AEDPA
Fifth Circuit Reiterates Diligence Under AEDPA Requires Consideration of Actions Both Before and After Filing of Habeas Petition by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit held on August 2, 2019, that the failure of a state court to notify a petitioner that …
Article • October 16, 2019 • from CLN November, 2019
9th Circuit Says Inadvertently Placing Closed Folding Knife on Teller Counter Not Armed Bank Robbery by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Ninth Circuit held that inadvertently placing a pocket knife on the counter during a robbery did not constitute “use” of a dangerous …
Article • October 16, 2019 • from CLN November, 2019
Oregon Supreme Court Reaffirms ‘Independent Evidence Rule’ for Accomplice Testimony by Mark Wilson by Mark Wilson The Oregon Supreme Court vacated a man’s convictions on multiple crimes that were based almost entirely on the testimony of his accomplices, who had entered into cooperation agreements with the State. The Court affirmed …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Jail Specific
Groundbreaking Connecticut Law Tracks Information on Jailhouse Snitches by In Michael Connelly’s legal thriller The Lincoln Lawyer, the defense attorney uncovers the dishonest history of a jailhouse snitch. In real life, safeguards against false testimony from jailhouse witnesses are few. In Connecticut, there is progress. A new law makes each …
Article • October 16, 2019 • from CLN November, 2019
Fifth Circuit: First Step Act Doesn’t Permit Plenary Resentencing in Retroactive Application of the Fair Sentencing Act by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit ruled that the First Step Act of 2018 (“First Step Act”) does not permit plenary resentencing when the …
Article • October 16, 2019 • from CLN November, 2019
California Court of Appeal Explains Procedures to Determine Appropriate Relief When Conviction Is Vacated Based on People v. Chiu and Senate Bill 1437 by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Third Appellate District, explained the procedures to be followed in determining the appropriate relief when …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Searches, Police Searches
Connecticut Supreme Court Rules 5 Days Past Due on Rent While Incarcerated Does Not Deprive Defendant of Expectation of Privacy in Home by Anthony Accurso by Anthony Accurso  The Supreme Court of Connecticut held that the lower court erred in denying defendant’s search of his apartment where the police failed …
Article • October 16, 2019 • from CLN November, 2019
New Hampshire Ends Death Penalty by Jayson Hawkins by Jayson Hawkins  Michael Addison, the sole occupant of New Hampshire’s death row, is breathing a little easier these days. Thanks to a two-thirds majority in both the state’s House and Senate, the state’s legislature overrode Governor Chris Sununu’s veto of their …
Article • October 16, 2019 • from CLN November, 2019
Fourth Circuit Grants Habeas Relief to Pre-Trial State Prisoner on Double Jeopardy Grounds by Dale Chappell by Dale Chappell Finding that a South Carolina state court violated a state pre-trial defendant’s right against double jeopardy by granting a mistrial when the State wasn’t prepared for trial, the U.S. Court of …
Article • October 16, 2019 • from CLN November, 2019
Tennessee Supreme Court Abandons Doctrine of Abatement Ab Initio by David Reutter by David Reutter The Tennessee Supreme Court held “the doctrine of abatement ab initio must be abandoned because it is obsolete, its continued application would do more harm than good, and it is inconsistent with the current public …
Brief • October 16, 2019
Filed under: Failure to Treat
Edwards v. White, VA, Complaint, Denial of Medical Care, 2019 Case 7:19-cv-00324-TTC-RSB Document 54 Filed 10/16/19 Page 1 of 14 Pageid#: 278 lfJ 1Ht U(l.)1Tc05TA1E5 01STQllJCwe, FoQ 1}-\[ vj ts1 tell) 01.STQ1cJ or V1ebifDIH CLERK'S OFFICE U.S. DIST. COURT AT ROANOKE, VA FILED OCT 1 t 2019 eoRiDoH DiVl)IO\) JUL~- …
Article • October 15, 2019 • from CLN November, 2019
Filed under: DNA Testing/Samples
New Jersey Supreme Court Announces New Test to Determine When State May Obtain Second DNA Sample After Unlawfully Obtained First Sample by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey rejected the “inevitable discovery doctrine” as being “a poor fit” for determining whether a second DNA sample …
Article • October 15, 2019 • from CLN November, 2019
Fourth Circuit Reviews for Plain Error and Vacates Brandishing a Firearm Conviction Obtained Under 18 U.S.C. § 924(C)(3) by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit reviewed for plain error and vacated Donald Eugene Walker’s conviction for brandishing a firearm during and in …
Article • October 15, 2019 • from CLN November, 2019
Fifth Circuit: Practices of Orleans Parish Judges in Collecting Fines and Fees Violates Due Process by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit affirmed the decision of a district court that granted summary judgment to the plaintiffs in a § 1983 suit alleging …
Article • October 15, 2019 • from CLN November, 2019
Tens of Thousands of Sentencing Decisions Are Hidden Within PACER, Hindering Access by Lawyers and Defendants by Dale Chappell by Dale Chappell Thanks to technology, judges’ decisions in the thousands of sentences they impose each year get isolated in an unsearchable database called PACER — Public Access to Court Electronic …
Brief • October 15, 2019
McClelland v. County of Los Angeles, CA, First Amended Complaint, Failure to Protect, 2019 se 2:19-cv-06755-SVW-JEM 1 2 3 Document 16 Filed 10/15/19 Page 1 of 24 Page ID#: 8 Law Office of J. Blacknell JOVAN BLACKNELL (SBN 237162) 200 Corporate Pointe, Suite 495 Culver City, CA 90230 T.: 310.469.9117; …
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