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Brief • May 16, 2019
Hines v. Johnson, NC, Complaint,Illegal Arrest and Seizure, 2019 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA GREENSBORO DIVISION NO. 1:19-CV-515 ARIS HINES & BRANDI THOMASON, Plaintiffs, : : : : TERRY S. JOHNSON, individually and : in his Official capacity as Sheriff of : Alamance County, …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Immigration
New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail by David Reutter by David Reutter As a matter of first impression, the Court of Appeals of New York ruled that a noncitizen defendant charged with state crimes that carry …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Habeas Corpus
Ninth Circuit: Habeas Petitioner Need Only Show That IAC Claims Are Substantial to Excuse Procedural Default Under Martinez by Chad Marks by Chad Marks The U.S. Court of Appeals for the Ninth Circuit issued an order remanding a habeas case so that the district court could conduct an analysis of …
Article • May 15, 2019 • from CLN June, 2019
Pennsylvania Governor Signs Into Law New Bills to Help Convicts, Extends Postconviction Filing Time Limits by Pennsylvania Governor Tom Wolf signed into law in October 2018 three new provisions that will help convicts. Calling it “commonsense legislation,” Wolf said he intended to promote “smart sentencing reform” by approving the bipartisan …
Article • May 15, 2019 • from CLN June, 2019
Don’t Shoot the Dogs: The Growing Epidemic of Cops Shooting Family Dogs by John W. Whitehead by John W. Whitehead, Commentary, The Rutherford Institute In too much of policing today, officer safety has become the highest priority. It trumps the rights and safety of suspects. It trumps the rights and safety …
Article • May 15, 2019 • from CLN June, 2019
Dallas County Judge’s ‘Blank Check’ Warrant Questioned; Case Dismissed by Dale Chappell by Dale Chappell  A Dallas County, Texas, judge who cops said would sign a blank warrant allowing them to do whatever they wanted was called into question by the District Attorney’s Office, which chose to drop the issue. …
Article • May 15, 2019 • from CLN June, 2019
Filed under: War on Drugs
Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Ninth Circuit held that Washington state’s accomplice liability statute renders the state’s drug trafficking law too broad to serve as an Armed Career Criminal Act (“ACCA”) …
Article • May 15, 2019 • from CLN June, 2019
Filed under: DNA Testing/Samples
McDNA: The DNA Testing Equivalent to Fast Food by Edward Lyon by Ed Lyon  In the late 1960s, Dr. Leonard McCoy of the science fiction television series Star Trek could wave a small device over a patient to find out all he needed to know about them. A similar device …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Sentencing
Kansas Supreme Court Overturns Sentence for Vindictiveness by Anthony Accurso by Anthony Accurso The Supreme Court of Kansas overturned a decision of the Court of Appeals and vacated the defendant’s sentence because the district court’s only reason for lengthening his sentence on remand was defendant’s successful appeal.  Wyatt G. Brown …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Fifth Amendment
Eighth Circuit: Misprision of Felony Conviction of Participant in Underlying Felony Violates Fifth Amendment by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eighth Circuit ruled that a defendant’s misprision of felony conviction for failing to report a felony in which the defendant was herself involved …
Article • May 15, 2019 • from CLN June, 2019
DEA Used Decades of Warrantless Phone Data in Building Parallel Construction Cases by Steve Horn by Steve Horn After a years-long federal court dispute, the Electronic Frontier Foundation (“EFF”) and Electronic Privacy Information Center (“EPIC”) won a Freedom of Information Act (“FOIA”) lawsuit, which forced the U.S. Drug Enforcement Administration …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Immigration
Sixth Circuit Holds IAC When Counsel Fails to Warn of Possibility of Deportation as Result of Plea Bargain by Dale Chappell by Dale Chappell In a case where defense counsel, the Government, and the court all dropped the ball and led a 28 U.S.C. § 2255 movant to believe he …
Article • May 15, 2019 • from CLN June, 2019
Filed under: DUI
Oregon Supreme Court: State Prohibited From Introducing Breath Test Refusal as Evidence of DUI by Mark Wilson by Mark Wilson The Supreme Court of Oregon held that the Oregon Constitution prohibits prosecutors from using a criminal defendant’s refusal to submit to a breath test as evidence against him in a …
Article • May 15, 2019 • from CLN June, 2019
Filed under: DUI
Intoxicated Driving Convictions for Non-Drinking Drivers by Edward Lyon by Ed Lyon The human body is an incredible machine. It heals itself from many injuries and illnesses. It turns food into calories that help build muscles and store fat for lean times. In some cases, a person’s body may even …
Article • May 15, 2019 • from CLN June, 2019
Appointed Defense Lawyers, Public Defenders: Overworked, Underpaid, Ineffective by Edward Lyon by Ed Lyon  The Sixth Amendment to the U.S. Constitution requires that all criminal defendants have a lawyer’s assistance to prepare and present a defense against whatever crime a prosecutor is accusing him or her of committing, as a …
Article • May 15, 2019 • from CLN June, 2019
Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard by Chad Marks by Chad Marks The Supreme Court of Delaware held that a defendant’s Sixth Amendment right to assistance of counsel was violated by trial counsel’s near-total absence during the pretrial stage …
Article • May 15, 2019 • from CLN June, 2019
Sixth Circuit Rejects Kentucky Supreme Court’s Ruling That Defendant-Lawyers Are Never Without Counsel and Not Entitled to Faretta Hearing by Dale Chappell by Dale Chappell An experienced Kentucky trial attorney who found himself on the wrong end of counsel’s table was granted a new trial by the U.S. Court of …
Article • May 15, 2019 • from CLN June, 2019
NJ Supreme Court: Failure to Advise Suspect of Pending Charges Before Waiver of Right Against Self-Incrimination Requires Suppression of Statements by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey ruled that when police obtain a suspect’s waiver of his right not to incriminate himself before informing the …
Article • May 15, 2019 • from CLN June, 2019
First Circuit Vacates Revocation Sentence for Improperly Considering Rehabilitation by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the First Circuit vacated and remanded the revocation sentence of Adrián Vázquez-Méndez because the sentencing judge likely extended the sentence for the purposes of rehabilitation.  In 2001, Vázquez-Méndez pleaded …
Eighth Circuit Vacates Supervised Release Conditions Prohibiting Alcohol Consumption and Setting Curfew Not Contained in Plea Agreement by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Eighth Circuit reversed and vacated a federal prisoner’s special conditions of supervised release prohibiting the consumption of alcohol and setting …
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