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Article • August 21, 2019 • from CLN September, 2019
Filed under: Bail
St. Louis Ordered to Stop Holding Detainees Simply Because They Can’t Afford Bail by Kevin Bliss by Kevin Bliss In response to a lawsuit, District Court Judge Audrey Fleissig of the Eastern District of Missouri ruled in favor of four detainees in St. Louis’ City Workhouse, forbidding St. Louis’ “jail …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Sentencing
Debunked Shaken-Baby Syndrome Leads to Reduced Sentence by Anthony Accurso by Anthony Accurso An Ohio man who spent 27 years on death row for the 1991 murder of his daughter Domika—based largely on now-debunked shaken baby syndrome—had his conviction overturned and has accepted a plea deal for a life sentence …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Bail
Video Bail Hearings Violate Rights in Many Ways by Edward Lyon by Ed Lyon Television crime dramas really do reflect reality when they show that one of the first things that occurs in an arrestee’s life is an arraignment. It is at this proceeding a judge hears whatever evidence the …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Crime Labs
Chicago Fingerprint Unit Flawed, Under Scrutiny by Bill Barton by Bill Barton In 2016, Cook County prosecutors relied on a fingerprint lifted from a laptop as pivotal evidence against a juvenile charged with robbery. According to Chicago Reporter coverage of the case, Judge Stuart Katz “ripped into the competence of …
Article • August 21, 2019 • from CLN September, 2019
Seventh Circuit Rules Failure to Issue Summons or Warrant Means Supervised Release Not Tolled While Merely in Custody by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Seventh Circuit ruled that, where a defendant is detained prior to the expiration of his supervised release, he must …
Article • August 21, 2019 • from CLN September, 2019
Private Companies Use DNA Profiles to Snitch on Customers and Their Families by Douglas Ankney by Douglas Ankney Most DNA testing companies will not provide customer data to law enforcement unless there is a lawful court order. But FamilyTreeDNA distinguishes itself by not just permitting police to access its consumer …
Article • August 21, 2019 • from CLN September, 2019
California Losing Millions in Civil Asset Forfeiture Funds as Law Aims to Curb Police Abuse by For decades, federal asset forfeiture revenue in California soared from the sale of seized properties. Police used federal law to seize everything from boats to vehicles to homes, thereby circumventing California laws. Opponents call …
Article • August 21, 2019 • from CLN September, 2019
Second Circuit Holds NY Sodomy Not ‘Prior Sex Conviction’ for Purposes of Federal Statute Mandating Life Sentence for Repeat Sex Offenders by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit held that a prior conviction for sodomy under New York law is not a …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Statistics/Trends
Groundbreaking Empirical Study of Expungement Released by Bill Barton by Bill Barton An empirical study of a state law limiting public access to criminal records has been released by professors Sonja B. Starr and J.J. Prescott of Michigan Law School. Starr and Prescott said, “Despite the considerable legislative ferment and …
Article • August 21, 2019 • from CLN September, 2019
Sixth Circuit Announces § 2244(B)(1) Doesn’t Apply to Successive § 2255 Petitions and Rules That If the District Court Relied on Residual Clause of ACCA When Determining Prior Conviction Qualified as Predicate Felony, Then Sentence Cannot Stand by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Sentencing
Florida Supreme Court Holds Sentencing Statute That Allows Judge to Determine Dangerousness Triggering Upward Depar-ture of Maximum Sentence Unconstitutional by Dale Chappell by Dale Chappell A Florida sentencing statute that allows a judge to find aggravating factors to impose a higher sentence violates the Sixth Amendment to the U.S. Constitution, …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Trials
Minnesota Supreme Court Clarifies That State Has Burden to Prove Competency to Stand Trial by Dale Chappell by Dale Chappell The State and not the defendant has the burden to prove that a defendant is competent to stand trial, the Supreme Court of Minnesota held, clarifying the rule on the …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Police
Will Police Recruitment Crisis Prompt Change in Behavior? by Douglas Ankney by Douglas Ankney When schoolchildren were asked what they wanted to be when they grew up, a frequent answer used to be “a policeman.” But apparently that’s no longer true. Sixty-six percent of police departments across the U.S. reported …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Police Misconduct, Police
Houston Police Cover up Crime Scene With Poor Investigation Techniques by Kevin Bliss by Kevin Bliss The Houston Police Department (“HPD”) is being accused of sloppy investigations surrounding the details of a warrant executed in January 2019, which resulted in the deaths of homeowners Dennis Tuttle and Rhogena Nicholas in …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Searches, Drug Testing
Colorado Supreme Court Announces Sniff by Drug Dog Trained to Detect Marijuana Now Constitutes a ‘Search’ Requiring Probable Cause by Dale Chappell by Dale Chappell Now that marijuana is legal in several states, does a sniff by a drug dog trained to detect marijuana (and other drugs) constitute a “search,” …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Searches, Search warrants
Tennessee Supreme Court Holds Judge Lacks Authority to Sign Search Warrant for Property Outside Court’s Jurisdiction by Dale Chappell by Dale Chappell The Supreme Court of Tennessee affirmed the tossing of evidence against nearly 100 defendants, after the Court agreed with the lower courts and held that a judge cannot …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Statistics/Trends, Police
Another Study Shows There’s No ‘War on Police’ by Bill Barton by Bill Barton "Currently, the ‘war on cops’ thesis is not supported by any evidence, and we apply the 50-year lens in this study to provide important context for understanding recent trends in officer deaths.” That’s the conclusion of …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Habeas Corpus
7th Circuit Instructs District Court to Grant Federal Prisoner’s Habeas Based on § 2255(e) Savings Clause by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit reversed a district court’s judgment and remanded with instructions to grant a federal prisoner’s 28 U.S.C. § 2241 habeas …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Qualified Immunity
Qualified Immunity: Explained by Amir H. Ali, Emily Clark by Amir H. Ali and Emily Clark, The Appeal, a nonprofit criminal justice news site In [The Appeal] Explainer series, Justice Collaborative lawyers and other legal experts help unpack some of the most complicated issues in the criminal justice system. We …
Article • August 21, 2019 • from CLN September, 2019
Massive Outing of Nationwide Instances of Police Misconduct Revealed by Edward Lyon by Ed Lyon As reports of police abusing and even murdering citizens continues to rise over the years, databases of their misdeeds are emerging all over the U.S. These databases provide citizens with a great deal of transparency …
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