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Knowing Sexual Offense Facts Important; Paying Attention to Them Critical by Sandy Rozek by Sandy Rozek The Arkansas legislature recently passed a law imposing various restrictions on those who are on a sexual offense registry in regard to Halloween. The primary provisions make it a crime for anyone on the …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Trials, Sixth Amendment
Second Circuit Rules 68-Month Delay Violates Speedy Trial Clause by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that a delay of 68 months between arrest and trial violates the right to a speedy trial enshrined in the Sixth Amendment when most of …
Article • May 15, 2019 • from CLN June, 2019
Filed under: War on Drugs
Pennsylvania District Court Explores the Growing Conflict Between Federal Laws, Which Still Prohibit the Use of Any Amounts of Marijuana, and State Laws, Which Increasingly Authorize the Use of Medical Marijuana and Decriminalize the Use of Small Amounts by Punch & Jurists by Punch & Jurists In Bey, District Judge …
When Prosecuting Crimes by Police, Feds Appear to Move Slowly by Edward Lyon by Ed Lyon  In November 2013, Hickory, North Carolina, police Sergeant Robert George allegedly removed a woman driver from her auto and slammed her face-first onto the ground. She required corrective surgery.  Charged by local prosecutors in …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Searches, Search warrants
Unreasonable Delay in Obtaining Search Warrant after Lawful Seizure Requires Suppression of Evidence, Announces Georgia Supreme Court by Douglas Ankney by Douglas Ankney In a case of first impression for the Supreme Court of Georgia, it held that an unreasonable delay in obtaining a search warrant after items were lawfully …
Article • May 15, 2019 • from CLN June, 2019
Fourth Circuit: 9-Year Increase in Guidelines Range Due to Misclassification as Career Offender Warrants § 2241 Petition to Be Heard on Merits When § 2255 Relief Unavailable by David Reutter by David Reutter The U.S. Court of Appeals for the Fourth Circuit ruled that where an erroneous career offender designation …
Article • May 15, 2019 • from CLN June, 2019
Georgia Supreme Court Says Visually Impaired Defendant Entitled to Appointment of a Reader by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia held that due process requires the appointment of a person to read questions submitted by a visually impaired defendant. Richard Bishop was 76 years old when …
Article • May 15, 2019 • from CLN June, 2019
The Holloway Doctrine and First Step Act: Federal Judge Issues Order Urging Government to Dismiss One of Two 18 U.S.C. §924(c) Stacking Convictions by Chad Marks by Chad Marks February 4, 2003, forever changed my life. That’s when, at the age of 24, the federal government charged me with numerous …
Portion of Illinois Sex Offender Law is Unconstitutional by Douglas Ankney by Douglas Ankney U.S. District Judge Virginia Kendall of Chicago ruled that it is unconstitutional for Illinois to hold sex offenders in prison after their release date when they are so poor they cannot find a home placement that …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Trials
Third Circuit: Reason for Continuance Must be Given to Exclude Delay from 70-Day Limit of Speedy Trial Act or Dismissal of Indictment by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that a district court must state the factual basis for a continuance …
Article • May 15, 2019 • from CLN June, 2019
First Circuit: FBI’s Ruse Claiming National Emergency to Obtain Consent to Search Held Unlawful by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that a search wherein FBI agents lied about an emergency in order to gain consent to search a suspect’s computers …
Article • May 15, 2019 • from CLN June, 2019
Illinois Supreme Court: Warrantless Dog Sniff of Apartment Front Door in Locked Building Violates Fourth Amendment by David Reutter by David Reutter Physically intruding on the cutilage of an apartment to conduct a dog sniff of the threshold is a violation of the Fourth Amendment, the Illinois Supreme Court held. …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Sentencing
Fourth Circuit Rules District Court Must Provide Individualized Rationale When Denying Motion for Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit ruled that a district court must provide its rationale when denying a motion seeking a sentence reduction pursuant to 18 …
Article • May 15, 2019 • from CLN June, 2019
Suspected Mishandling of DNA Tests Puts Cases on Hold in Fort Worth, Texas by Michael Berk by Michael Berk The Tarrant County District Attorney’s Office has put 117 criminal cases on hold in response to suspected misconduct involving DNA testing by a Fort Worth forensic scientist. On February 27, 2019, …
Misconduct by prosecutors is rampant — how do we deter it? by Mike Fawer by Mike Fawer, The Lens, Opinion https://thelensnola.org/2019/04/11/misconduct-by-prosecutors-is-rampant-how-do-we-deter-it/ I have been involved in the criminal justice system for almost 60 years, initially as a federal prosecutor, but for the greater portion of my career as a criminal …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Wrongful Conviction
Nebraska’s Beatrice Six Will Collect $28.1 Million Jury Award by Edward Lyon by Ed Lyon  Popular country music singer Charlie Daniels’ first hit was a song called The Ballad of the Uneasy Rider. The singer-narrator told a story about a hippy who barely escapes a redneck bar and was so …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Police, Constitution, state
Connecticut Supreme Court Rejects Davis and Announces State Constitution Requires Police to Clarify Ambiguous Request for Counsel Before Continuing Interrogation by Douglas Ankney by Douglas Ankney The Supreme Court of Connecticut held that the state constitution requires police to clarify an ambiguous request for counsel before continuing to interrogate a …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Habeas Corpus
Habeas Hints: Discovery on Habeas Corpus by Kent Russell, Tara Hoveland by Attorneys Kent Russell and Tara Hoveland This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on “AEDPA,” the federal …
Article • May 15, 2019 • from CLN June, 2019
Flipping the Bird, Even Toward a Cop, Is a Constitutionally Protected Right by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit affirmed that raising one’s middle finger without the four other fingers showing is an expression protected by the First Amendment. In doing so, …
Article • May 15, 2019 • from CLN June, 2019
Prosecutors Dropping Child Porn Charges After Software Tools Are Questioned by Jack Gillum More than a dozen cases were dismissed after defense attorneys asked to examine, or raised doubts about, computer programs that track illegal images to internet addresses. by Jack Gillum, ProPublica Using specialized software, investigators traced explicit child …
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