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Article • February 14, 2019 • from CLN March, 2019
Filed under: Civil Procedure, Marriage
First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the First Circuit declined to recognize a joint participation exception to the spousal testimonial privilege for married criminal co-conspirators. In deciding upon this issue of first impression …
Article • February 14, 2019 • from CLN March, 2019
Seventh Circuit Reverses Denial of a Certificate of Innocence Needed as a Prerequisite for Damages for an Unjust Conviction and Imprisonment by Punch & Jurists by Punch & Jurists In Abu-Shawish, the Seventh Circuit addressed a little known and little used Federal proceeding that gives people who have been unjustly …
Article • February 14, 2019 • from CLN March, 2019
California Court of Appeal: Using Criminal Process to Collect Fines That Indigent Defendants Cannot Pay Is Unconstitutional by Douglas Ankney by Douglas Ankney On January 8, 2019, the Court of Appeal for the Second Appellate District of the state of California ruled that when the only reason a defendant cannot …
Article • February 14, 2019 • from CLN March, 2019
Ninth Circuit Announces SCOTUS’ Rodriguez Opinion Requires Overturning ‘Reasonableness Standard’ Precedent in Traffic Stop Prolongation Cases by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit held that police unlawfully prolonged a traffic stop in violation of the Fourth Amendment by repeatedly demanding that a …
Filing • February 6, 2019
HRDC v. GEO Group, VT, Settlement, Public Records, 2019 Joseph C. M.cNeil (19,;!.9,-1978) Joseph E. McNeil John.T. Leddy T 802.863.4531 F 802.863.1743 NancyG. Sheahan 271 South Union Street Burlington, VT 05401 William F. Ellis Susan Gilfillan JosephA~ Frm1ham www.mcneilvt.com ColinK McNeil K~vin J. Coyte+ Miehaet J. Leddy +A/so:licensedin Nc·~w York …
Article • January 19, 2019 • from CLN February, 2019
Filed under: Dogs, Settlements
$225,000 Settlement by Detroit for Unjustified Shooting of Dogs in Drug Case by Derek Gilna by Derek Gilna The city of Detroit, Michigan, has settled a Section 1983 federal civil rights suit filed by Kenneth Savage and Ashley Franklin after police unnecessarily shot three dogs while confiscating potted marijuana plants …
Article • January 19, 2019 • from CLN February, 2019
Why Defining a ‘Credible Witness’ in Criminal Trials Is a Slippery Slope by Steve Horn by Steve Horn In the aftermath of her testimony before the U.S. Senate Judiciary Committee, Dr. Christine Blasey Ford was hailed by legal scholars, legal practitioners, and laypeople alike as a “credible witness.” Blasey Ford, …
Article • January 19, 2019 • from CLN February, 2019
Filed under: Trials
Juror Bias Often Triggered by Severity of Crime Charged by Edward Lyon by Ed Lyon Duke University’s Institute of Brain Sciences recently partnered with the National Institutes of Health and National Science Foundation to study the effect of crime severity on jurors’ psyches prior to hearing evidence. The study’s full …
Article • January 18, 2019 • from CLN February, 2019
Texas Court of Criminal Appeals Rules Defense Attorney Violated McCoy, Reverses Capital Convictions and Orders New Trial by Chad Marks by Chad Marks The Court of Criminal Appeals of Texas ruled that defense counsel’s actions conceding guilt against defendant’s express wishes during trial violated his Sixth Amendment rights under McCoy. …
Article • January 18, 2019 • from CLN February, 2019
Sixth Circuit: Tennessee Aggravated Sexual Battery Is Not a SORNA Tier III Offense by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Sixth Circuit ruled that a defendant previously convicted of aggravated sexual battery in Tennessee should not have been classified as a Tier III sex …
Article • January 18, 2019 • from CLN February, 2019
Filed under: junk science
Report: Bitemark Analysis Debunked as Pseudoscience by Richard Resch by Richard Resch Unreliable bitemark identification evidence used in criminal cases has led to 31 exonerations, forensicmag.com reports. “The unsupported comparison of such bite marks left in human skin during rapes, murders and other violent attacks should be totally thrown out …
Article • January 18, 2019 • from CLN February, 2019
Sixth Circuit Holds Tennessee Burglary Not Violent Felony Under ACCA, Overturning Previous Controlling Authority in Light of SCOTUS’ Mathis Opinion by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held that Tennessee third-degree burglary, as interpreted by the Tennessee Supreme Court, cannot qualify as …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Appeals
Tenth Circuit Clarifies Proper Test for Pretrial Hearing on Seized Assets Needed to Retain Counsel by Matthew Clarke by Matt Clarke The Tenth Circuit Court of Appeals ruled that the proper test for whether a district court should hold a pretrial hearing on a motion challenging the seizure of assets …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Appeals
Fourth Circuit Vacates USSG Career Offender Sentence Predicated on Georgia Robbery by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Fourth Circuit vacated a prisoner’s sentence because the district court improperly found that Georgia robbery qualified the defendant for the U.S. Sentencing Guidelines career offender designation. …
Article • January 18, 2019 • from CLN February, 2019
Filed under: War on Drugs, Appeals
Ninth Circuit Remands Drug Case for Reconsideration of Sentencing Guidelines’ Minor-Role Adjustment by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit vacated a drug defendant’s sentence because the district court may have misinterpreted United States Sentencing Guideline (“USSG”) § 3B1.2 and Amendment 794, …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Appeals, Criminal Procedure
N.Y. Court of Appeals Announces When Trial Commences for Timeliness of Pro Se Requests by Edward Lyon by Ed Lyon As most jurisdictions do from time to time as need dictates, they change or even completely overhaul appellate procedures, evidentiary rules, and various codes. In 1971, New York state adopted …
Publication • January 1, 2019
Privatizing Criminal Procedure, Washington and Lee Public Legal Studies, 2019 Washington & Lee Public Legal Studies Research Paper Series Accepted Paper No. 2018 - 07 April 2, 2018 107 Georgetown Law Journal ___ (forthcoming 2019) Privatizing Criminal Procedure John D. King Clinical Professor of Law, Director of Experiential Education, and …
Article • December 31, 2018 • from CLN January, 2019
Fee to Plead Guilty Burdens Indigent Defendants in Pennsylvania by Dale Chappell by Dale Chappell A woman in Cumberland County, Pennsylvania, pleaded guilty to stealing $25 in merchandise in 2016. It cost her almost $600 to plead guilty. A man in Fairview Township, Pennsylvania, pleaded guilty to possession of a …
Very Few Have Taken Advantage of New York’s Program to Seal Criminal Records by Edward Lyon by Ed Lyon Some of the lines to one of late country music singer Merle Haggard’s famous hit songs were about a “branded man, out in the cold.” He was lamenting that no one …
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