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Filing • March 8, 2019
Filed under: Complaints, Public Records
HRDC v. NY State AG, FOIL public records complaint and MOL, 2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY HUMAN RIGHTS DEFENSE CENTER Petitioner, Index No. -againstNEW YORK STATE OFFICE OF THE ATTORNEY GENERAL; MICHAEL JERRY, in his official capacity as Records Access Officer; and KATHRYN …
Brief • March 6, 2019
Filed under: Public Records
Tremaine v. USCBP, WA, Complaint, Denial of Records, 2019 Case 2:19-cv-00334-RSM Document 1 Filed 03/06/19 Page 1 of 11 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 DAVIS WRIGHT TREMAINE, LLP, 9 10 11 12 13 ) ) Plaintiff, ) …
Wright, et al. v. Family Support Division of the Missouri Department of Social Services, et al., MO., class action, jury demand, driver license suspensions without due process, 2019 Case: 4:19-cv-00398 Doc. #: 1 Filed: 03/04/19 Page: 1 of 37 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE …
Article • February 15, 2019 • from CLN March, 2019
Filed under: Juries, Trials
Jurors Showing More and More Savvy Toward Trial Evidence by Edward Lyon by Ed Lyon  For many decades, prosecutors have been the true kings of U.S. courtrooms. Longtime Dallas, Texas, prosecutor Henry Wade attained infamy for stating, “Guilty ones are easy to convict. It takes real effort to convict the …
$175,000 Settlement to Public Protester with Profanity-laced Sign Tased by Police Officer by One of two men protesting police brutality while carrying a sign reading “Fuck Bad Cops” was tased by a police officer, after which he sued for violation of his First and Fourth Amendment rights. In December 2018, …
Article • February 15, 2019 • from CLN March, 2019
Filed under: junk science
Agencies: Bite-mark Forensics Outdated Science by Kevin Bliss by Kevin Bliss Critics contend that bite-mark evidence is an inconclusive forensic science and should be supported by other evidence when used in the prosecution of a defendant for any crime. To date, there have been 31 exonerations from re-examination of cases …
Article • February 15, 2019 • from CLN March, 2019
New California Laws Peel Back Secrecy Surrounding Police Discipline Amid Pushback by Betty Nelander by Betty Nelander The tide is changing on police accountability and transparency in California with the passage and signing of the California Records Act (“SB-1421”) and Assembly Bill 748. But SB-1421, which was scheduled to take …
Article • February 15, 2019 • from CLN March, 2019
Sixth Circuit Vacates a Witness Tampering Conviction, Principally on the Ground that the District Court Erroneously Instructed the Jury on the Intent Element of Witness Tampering by Punch & Jurists By Punch & Jurists In a rare reversal of a witness tampering conviction, the Sixth Circuit, in Lobbins, held that …
Article • February 15, 2019 • from CLN March, 2019
Bronx Prosecutors Trained to Manipulate System to Delay Trials by Matthew Clarke by Matt Clarke Recently revealed internal training documents from the Bronx District Attorney’s Office show that prosecutors are being trained in courtroom techniques designed to delay trial, undermining defendants’ speedy trial rights and extending the pretrial incarceration of …
Article • February 15, 2019 • from CLN March, 2019
Filed under: junk science
Deputy U.S. Attorney General Rosenstein Defends Junk Science Forensics by Matthew Clarke by Matt Clarke Criminal Legal News and its sister publication, Prison Legal News, have long covered prosecutors’ use of questionable forensics and unscientific lab techniques to secure convictions [PLN Oct. 2010, p. l; Apr. 2015, p. l, and …
Article • February 15, 2019 • from CLN March, 2019
Fifth Circuit: Introduction of Deposition Video Without Making Good-Faith Effort to Secure Witnesses’ Presence at Trial Violates Confrontation Clause by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit ruled that the Sixth Amendment’s Confrontation Clause was violated when the Government introduced videotaped deposition testimony …
Article • February 14, 2019 • from CLN March, 2019
Texas Court of Criminal Appeals Clarifies Proper Evidentiary Standard and Type of Evidence for Informal Competency Hearing by Christopher Zoukis by Christopher Zoukis The Court of Criminal Appeals of Texas reversed a trial court’s refusal to grant a criminal defendant a formal competency evaluation, finding that the trial court and …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Expert Witnesses
Ninth Circuit Announces Expert Testimony on Battered Woman Syndrome Not Categorically Excludable, Relevant to Duress Defense by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit vacated Lashay Lopez’s three convictions on federal charges, ruling that the trial court committed prejudicial error in excluding expert …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Appeals, Sentencing
Fifth Circuit Holds Special Conditions in PSR Appendix but Not Orally Pronounced by District Court Must Be Removed From Sentence Where Conflict With Written Judgment by David Reutter by David Reutter The Fifth Circuit Court of Appeals held that where a defendant did not have an opportunity to object to …
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 …
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