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Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment? by David Reutter by David M. Reutter It is often said that life imitates art. When it comes to electronic monitoring (“EM”), your friendly, neighborhood Spiderman was a major influence for the idea to use an electronic device …
Article • April 15, 2024 • from CLN April, 2024
Filed under: News in Brief
News in Brief by News in Brief Colorado: On February 28, 2024, Chiara Wuensch, a DNA Analyst for the Weld County Sheriff’s Office at the Northern Regional Forensic Lab for more than 10 years was fired. The termination was the result of a roughly one-month internal investigation, which concluded that …
Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Maine reversed a defendant’s domestic violence conviction after finding her attorney was ineffective for opening the door to prejudicial evidence about her parenting …
Article • April 15, 2024 • from CLN April, 2024
Pharmacies Are Giving Your Prescription Data to Police Without a Warrant by Anthony Accurso by Anthony W. Accurso Following a congressional investigation, some lawmakers wrote a letter to the Department of Health and Human Services (“HHS”) about how the eight largest pharmacy chains provide patient prescription information to police without …
Article • April 15, 2024 • from CLN April, 2024
Massachusetts Supreme Judicial Court Announces Constructive Denial of Right to Counsel Where Defense Counsel Sleeps for Significant Portion or During Important Aspect of Trial by David Reutter by David M. Reutter In a case of first impression, the Massachusetts Supreme Judicial Court held that “a defendant constructively is deprived of …
Article • April 15, 2024 • from CLN April, 2024
New York Court of Appeals Declines to Adopt Per Se Rule That Handcuffed Person Is Always ‘In Custody’ for Miranda Purposes, but Holds the Handcuffed Defendant Was ‘In Custody’ and Suppress Incriminating Statements by Douglas Ankney by Douglas Ankney The Court of Appeals of New York declined to adopt a …
Article • April 15, 2024 • from CLN April, 2024
California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment by Anthony Accurso by Anthony W. Accurso The Court of Appeal of California, Fourth Appellate District, overturned the denial of a defendant’s motion to suppress, holding that the officer impermissibly …
Article • April 15, 2024 • from CLN April, 2024
Filed under: Resources, Habeas Corpus, AEDPA
Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners by Dale Chappell by Dale Chappell In the name of finality, federal courts are reluctant to undo criminal judgments of the state courts—especially repeated attempts by petitioners to do so under federal habeas corpus. When the Antiterrorism and Effective …
Does the Fourth Amendment Protect Cellphones at the Border? by Douglas Ankney by Douglas Ankney “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by …
Article • April 15, 2024 • from CLN April, 2024
One Year of New Orleans Police Department Facial Recognition Data by Michael Thompson by Michael Dean Thompson About a year after the New Orleans Police Department (“NOPD”) performed its first facial recognition scan under a new policy that reauthorized its use, they have little to show for it. That is …
New York Court of Appeals: Admission of Prior Bad Acts Evidence to Prove Propensity to Commit Crime Harmful Error by David Reutter by David M. Reutter The Court of Appeals of New York held a trial court erred in admitting evidence of prior bad acts evidence. It further concluded the …
What Happens When Prosecutors Offer Opposing Versions of the Truth? by Ken Armstrong by Ken Armstrong, ProPublica An unusual recent court decision offered harsh criticism of a behavior that has left dozens of men condemned to death since the 1970s, spotlighting cases where prosecutors offered claims that contradicted what they …
Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Utah held that production of a …
Article • April 15, 2024 • from CLN April, 2024
The FBI’s Rapidly Expanding DNA Database by Anthony Accurso by Anthony W. Accurso The FBI has amassed over 20 million DNA profiles in its database and has requested Congress double its budget for handling DNA samples “to process the rapidly increasing number of DNA samples collected.” The Combined DNA Index …
Article • April 15, 2024 • from CLN April, 2024
Potential Dangers of Medical Monitors by Michael Thompson Michael Dean Thompson Modern medical science has delivered some remarkable lifesaving technologies. Included in the list of modern marvels are pacemakers equipped with telemetry systems that permit remote monitoring but also remote modification of their operating parameters. With such a pacemaker, a …
FBI’s Bias for Keywords by Carlo Difundo by Carlos Difundo In September of 2021, then-Assistant Director for Counterterrorism Jill Sanborn told the Senate that the FBI did not monitor publicly available social media conversations. “It’s not within our authorities,” she told them, adding that the First Amendment barred them from …
‘Trail ’Em, Nail ’Em, and Jail ’Em’: Issues Private Probation and Parole by Jo Ellen Nott by Jo Ellen Nott Vince Schiraldi talks private probation and parole in his new book Mass Supervision: Probation, Parole, and the Illusion of Safety and Freedom. When Schiraldi was selected to run the troubled …
Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Eighth Circuit announced that the categorical approach applies to the tier analysis of the Sex Offender Registration and Notification Act (“SORNA”), …
Cellebrite Asks Law Enforcement Clients to Keep Its Phone Hacking Tech Secret by Jo Ellen Nott by Jo Ellen Nott Cellebrite—the Israeli digital intelligence company that provides data extraction tools for law enforcement to collect, analyze, and manage digital data—is asking its customers to keep the technology a secret. For …
Article • April 15, 2024 • from CLN April, 2024
Research Shows It Makes Sense to Hire Individuals with Criminal Records by Jo Ellen Nott by Jo Ellen Knott Rand, a nonprofit research organization, published a research brief on January 9, 2024, that proves hiring individuals with criminal records is not risky and has benefits for the employer, the individual …
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