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Kickback publication • July 17, 2019
GA Morgan County - Paytel Contract Addendum #2 2017-2021 INMATE TELEPHONE AGREEMENT ADDENDUM NUMBER 2 This Addendum, entered into the~ of May, 20 17, between Morgan County Ja il and the Sheriff of Morgan County of the one part, hereinafter collecti ve ly "Sheriff," and Pay Tel Communications, Inc. of …
Article • July 16, 2019 • from CLN August, 2019
Court Extends McQuiggin Actual Innocence Exception to Defaulted Legal Claim, Vacates § 924(c) Conviction by Dale Chappell by Dale Chappell The U.S. District Court for the Eastern District of California held in a collateral proceeding on January 2, 2019, that McQuiggin’s actual innocence exception applies to a legal claim that …
Article • July 16, 2019 • from CLN August, 2019
Filed under: Searches, Police, Traffic stop
Pennsylvania Supreme Court Holds Consent to Search Does Not Include K-9 Sniff When No K-9 Present When Consent Given and Wait 40 Minutes for Its Arrival by Dale Chappell by Dale Chappell In a case of first impression, the Supreme Court of Pennsylvania held that a search in connection with …
Article • July 16, 2019 • from CLN August, 2019
Filed under: Sentencing
Fifth Circuit: Plain Error Requiring Resentencing Where Court Didn’t Give Defendant Chance to Speak at Sentencing Hearing and Prospective Allocution Provided Added Details to Lead Reasonable Judge to Reconsider Harsh Sentence by Michael Berk by Michael Berk The U.S. Court of Appeals for the Fifth Circuit remanded Jose Santos Figueroa-Coello’s …
Article • July 16, 2019 • from CLN August, 2019
Court Reporters Likely Fail to Accurately Transcribe Testimony for Speakers of ‘African American English’ by Anthony Accurso by Anthony Accurso  A recent Vice.com article draws attention to a pioneering study that concludes court reporters exhibit low proficiency with African American English (“AAE”), and that the problem results in a systemic …
Article • July 16, 2019 • from CLN August, 2019
Bucklew v. Precythe by Michael Avery by Michael Avery If you want to know what it will be like having five Justices on the Supreme Court who are Federalist Society members, read the Court’s April 1 decision in Bucklew v. Precythe, 139 S.Ct. 1112. The five conservative Justices, in an …
Article • July 16, 2019 • from CLN August, 2019
From the Editor: Compassionate Release for Extraordinary and Compelling Reasons by Richard Resch by Richard Resch As our regular readers know, there has been a relative flurry of activity recently involving the Compassionate Release Statute, 18 U.S.C. § 3582(c)(1)(A), the First Step Act of 2018, S. 3747, 115th Cong., and …
Article • July 16, 2019 • from CLN August, 2019
Parole a Detriment to Rehabilitation; ‘Less Is More’ Reform Sensible by Kevin Bliss by Kevin Bliss Prison reform advocates contend that parole does more to perpetuate recidivism than it does to monitor positive rehabilitation into society. Columbia University’s Justice Lab prepared a report in 2017 that stated that New York …
Article • July 16, 2019 • from CLN August, 2019
Minnesota Supreme Court Holds ‘Stalking-by-Mail’ and ‘Mail-Harassment’ Statutes are Facially Overbroad by Douglas Ankney by Douglas Ankney The Supreme Court of Minnesota held that Minn. Stat. § 609.749(2)(6) (“stalking by mail”) and Minn. Stat. § 609.695(1)(3) (“mail harassment”) are facially overbroad. Juvenile defendant “A.J.B.” was convicted of stalking by mail …
Article • July 16, 2019 • from CLN August, 2019
Filed under: Habeas Corpus
Fifth Circuit: Denial of Habeas Petition as Successive Reversed Where Second Petition Challenges a Separate Judgment, by Same Court, Not Covered in First Petition by Chad Marks by Chad Marks In 1991, Steve Vic Parker was convicted in a state court in Texas for unauthorized use of a motor vehicle …
Article • July 16, 2019 • from CLN August, 2019
Filed under: DNA Testing/Samples
‘DNA Mixtures,’ ‘Touch DNA,’ and Software-Enhanced Forensic DNA Analysis by Michael Berk by Michael Berk The premise that a DNA “match” conclusively overrides nearly all other evidence in a criminal case has become a deep-seated one over the 35 years since the inception of DNA profiling. Often, though, such views …
Article • July 16, 2019 • from CLN August, 2019
Sixth Circuit Holds Chalking Car Tires for Parking Enforcement Constitutes a Search Under Fourth Amendment by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Sixth Circuit held that chalking the tires of parked vehicles to gather information about whether they have committed a parking violation constitutes …
Article • July 16, 2019 • from CLN August, 2019
Filed under: Sentencing
SCOTUS Announces Death of ‘Categorical Approach’ by Invalidating 18 U.S.C. § 924(c)(3)(B) as Unconstitutionally Vague by Richard Resch by Richard Resch In announcing the end of 18 U.S.C. § 924(c)’s residual clause in defining certain “crimes of violence” while using or possessing a firearm for purposes of sentence enhancement, the …
Article • July 16, 2019 • from CLN August, 2019
Filed under: Searches, Police Searches
Massachusetts Supreme Judicial Court: Consent to Search Does Not Attenuate Seized Evidence From Taint of Illegal Search of CSLI by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts suppressed illegally obtained CSLI, ruling that the Commonwealth failed to meet its burden under the Fourth Amendment of proving …
Exonerations: From Wrongful Conviction to Release and Beyond by Edward Lyon by Ed Lyon  A state-sponsored formal religion in the U.S. is forbidden by the nation’s Constitution. Regardless, one part of the country’s ethos closely approaches a level of worship. That part is freedom. Enshrined in the Pledge of Allegiance …
Brief • July 16, 2019
Filed under: Failure to Treat
Jager v. Centurion Correctional Healthcare of New Mexico, LLC, NM, Deposition of Murray Young, Denial of Medical Care, 2019 Todd Jager v. Centurion Correctional Healthcare of New Mexico, LLC., et al. Murray Young, M.D. July 16, 2019 No. 2:18-CV-00743-GBW-CG Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT …
Brief • July 16, 2019
Ambruster v. Wexford, IL, Settlement, Medical Neglect, 2019 Information Sheet for Case Number •~ 16-544 SD 16-CV-544 Plaintiffs: Armbruster, Gerry #S02006 v. Wexford, et al. IDOC# Defendants: 10/18/16 11/10/16 Date Served Class Action On Appeal Spears Appeal number: Appellate Court: AG (Appeal): Date Closed: 8/28/2019 Disposition: Summary: Settlement: $ 0.00 …
Filing • July 15, 2019
HRDC v. Ballard, KY, Settlement (Damages), Censorship, 2019 Case: 3:17-cv-00057-GFVT-EBA Doc #: 62-1 Filed: 07/15/19 Page: 1 of 6 - Page ID#: 323 IN THE MATTER OF: Human Rights Defense Center v. Ballard, eta!. Case No. 3:17-cv-00057-GFVT U.S. DISTRICT COURT, EASTERN DISTRICT OF KENTUCKY SETTLEMENT AGREEMENT OF DAMAGES CLAIM THIS …
Publication • July 15, 2019
Filed under: Police
Palantir secret user manual for police officers Searching Phone Numbers You can search for full phone numbers, partial numbers. You can search with or without the area code. Examples: - Full: 310-555-1234 - Partial: 310-555-12?? - No area code: 555-12?? Partial Information You can search for names, numbers, and plates …
Article • July 13, 2019
Filed under: Blood, Police, DUI
Miranda Violation Required Suppression of Oregon BAC Results by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that a lower court improperly failed to suppress blood alcohol content ("BAC") evidence taken in  violation of a defendant's constitutional right to remain silent. Oregon police received information about someone …
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