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Article • April 15, 2024 • from CLN April, 2024
Vermont Supreme Court Announces Prejudice Determination for IAC Claim Based on Rejected Plea Offer Limited to Evidence Available at Time Plea Considered—Not Any Subsequent Evidence by David Reutter by David M. Reutter In a case of first impression, the Vermont Supreme Court held “that in determining whether the criminal court …
Article • April 15, 2024 • from CLN April, 2024
New York Governor Signs Law Sealing Millions of Criminal Records From Public View by Douglas Ankney by Douglas Ankney In late 2023, New York Governor Kathy Hochul signed the Clean Slate Act into law, permitting millions of criminal convictions to be sealed. “With the signing of this law, it adds …
Tracking Your Cellphone Might Be Easier Than You Think by Michael Thompson by Michael Dean Thompson The University of Toronto’s Citizen Lab investigated weaknesses in the manner with which cellphones and their locations are passed from tower to tower. What they found was that it was remarkably easy for a …
Fifth Circuit: Admission of DHS Investigation Form G-166F at Trial Where Preparer of Form Did Not Testify Violates Confrontation Clause and Rule Against Hearsay by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the admission of Department of Homeland Security (“DHS”) Investigation …
AI Disrupts Established Forensic Fingerprint Analysis—Not Every Fingerprint Is Unique by Jo Ellen Nott by Jo Ellen Knott On January 10, 2024, Forensic Mag delivered astonishing news: Research out of Columbia University and the University at Buffalo radically challenged the long-held belief that fingerprints from different fingers of the same …
Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights by Anthony Accurso by Anthony W. Accurso Until recently, police departments in New Jersey were covering expenses for their officers to attend training sessions conducted by Street Cop Training (“SCT”), an organization that encourages “a hypervigilant warrior …
Article • April 15, 2024 • from CLN April, 2024
‘Blatant Miscarriage of Justice’: Oklahoma Man Exonerated of Wrongful Conviction After 35 Years Despite Former Prosecutor’s Attempt to Perpetuate Injustice by Douglas Ankney by Douglas Ankney Perry Lott was exonerated in Ada, Oklahoma, of a 1987 rape and burglary conviction after 35 years—30 of which Lott spent in prison—in spite …
Article • March 15, 2024 • from CLN March, 2024
California Court of Appeal Reverses Denial of Full Resentencing Under SB 483 by Matthew Clarke by Matt Clarke The Court of Appeal of California, Sixth Appellate District, issued an opinion reversing a trial court’s refusal to apply Senate Bill (“SB”) 483 to a previously-remanded sentence. It also held that the …
Article • March 15, 2024 • from CLN March, 2024
Interactive Lineups Are a Promising New Tool to Improve Accuracy of Suspect Identification by Eyewitnesses by Jo Ellen Nott by Jo Ellen Nott Wrongful convictions are a troubling aspect of the criminal justice system in the United States. Most experts estimate the rate of falsely convicted prisoners to be between …
Amazon Ring Curbs Police Access to Doorbell Camera Footage—But Privacy Concerns Remain by Jo Ellen Nott by Jo Ellen Nott In a move applauded by privacy advocates, Amazon-owned Ring announced on January 24, 2024, that it will no longer allow police to request doorbell camera footage directly from users through …
Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period by David Reutter by David M. Reutter The Supreme Court of Oregon held that a petitioner’s mental impairments are relevant to whether the escape clause in the statute of limitations applies …
North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle by Anthony Accurso by Anthony W. Accurso The Supreme Court of North ­Carolina held that the warrantless search of a disabled vehicle was not reasonable when officers had the authority …
A Legal Argument Against Government Purchase of Location Data by Anthony Accurso by Anthony W. Accurso The lack of effective privacy legislation covering the U.S.—combined with the occasional, poorly worded limitations imposed by the courts—has led to the current situation where law enforcement and other government agencies have been purchasing …
Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit made the rare decision to order an evidentiary …
Article • March 15, 2024 • from CLN March, 2024
Pennsylvania Supreme Court: Failure to Disclosure Mental Health Report Showing Key Witness Was a Sociopath Constitutes Brady Violation That Prejudiced Defendant by Anthony Accurso by Anthony W. Accurso The Supreme Court of Pennsylvania upheld the ruling of a lower court granting a writ of habeas corpus upon finding that the …
First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that Daniel Donald’s waiver of his rights under Miranda …
Article • March 15, 2024 • from CLN March, 2024
New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation by Richard Resch by Richard Resch The Court of Appeals of New York suppressed incriminating evidence recovered from a cyclist …
FBI Searches of NSA Data Extended Until April, Despite Admission of Unconstitutionality by Anthony Accurso by Anthony W. Accurso As part of the National Defense Authorization Act for fiscal year 2024, signed by President Biden on December 22, 2023, Congress has extended the deadline to April 19th to fully re-authorize, …
Article • March 15, 2024 • from CLN March, 2024
California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6 by David Reutter by David M. Reutter The Court of Appeal of California, Fourth Appellate District, held that a prisoner’s constitutional and statutory rights …
Article • March 15, 2024 • from CLN March, 2024
Suspicion of Government Surveillance Increasing by Anthony Accurso by Anthony W. Accurso The concern among Republicans and right-leaning independent voters that federal law enforcement agencies—particularly the FBI—are becoming politicized is driving an increase in the distrust these Americans have that these agencies will abuse access to personal data. Traditional conservative …
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