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Article • December 29, 2018 • from CLN January, 2019
Filed under: Victims, Settlements, Police
$1 Million Settlement by Cleveland to Six Rape, Murder Victims’ Families by Kevin Bliss by Kevin Bliss The families of six of 11 victims raped and killed by convicted sex offender Anthony Sowell due to a botched 2008 rape accusation reached a settlement with the city of Cleveland. The loved …
Article • December 29, 2018 • from CLN January, 2019
Filed under: Attorneys, Appeals, Witnesses
Connecticut Supreme Court Finds IAC for Failure to Investigate Key Alibi Witness, Grants New Trial by Dale Chappell by Dale Chappell In a case where the defendant’s alibi was his only defense, the Supreme Court of Connecticut held that counsel’s failure to investigate a key witness who could have supported …
Article • December 29, 2018 • from CLN January, 2019
Ninth Circuit Rules California Robbery Not a ‘Crime of Violence’ in Light of Dimaya and Allows Withdrawal of Guilty Plea by David Reutter by David Reutter The U.S. Court of Appeals for the Ninth Circuit held a defendant was entitled to withdraw his guilty plea to a charge of illegally …
Article • December 28, 2018 • from CLN January, 2019
Oregon Supreme Court: ‘Grooming’ Evidence Requires Scientific Validity Foundation by Mark Wilson by Mark Wilson The Supreme Court of Oregon held that expert testimony about “grooming” children for subsequent sexual abuse is “scientific” evidence that may not be admitted without a foundational showing of scientific validity under Or. Evid. Code …
Article • December 28, 2018 • from CLN January, 2019
Harris County, Texas Prosecutors Review DWI Cases Impacted by Discredited Expert by Derek Gilna by Derek Gilna The testimony of county scientist Fessessework Guale, who was employed by the Harris County medical examiner’s office for 10 years, has been called into question by the very criminal justice offices who relied …
Article • December 21, 2018 • from CLN January, 2019
New York City Cops Using Supposedly Sealed Arrest Records by Edward Lyon by Ed Lyon Since 1976, arrests in New York that do not result in convictions are supposed to be sealed. Sealed meaning inaccessible through any background checks or public records, anywhere. This is meant to ensure that citizens …
Article • December 19, 2018
Filed under: Juries
How Jury Duty Gives You the Power to Erase Bad Laws by Joe Jarvis by Joe Jarvis, The Daily Bell There’s not a single person who has to go to prison in the USA for growing, selling, using, or possessing marijuana. But 21 states still prohibit marijuana use, cultivation, or …
The Fallibility of Forensic Science: Crime-Solving Tool Can Lead to Wrongful Convictions—and Belated Exonerations by Rick Anderson by Rick Anderson It’s the ultimate crime-solving tool, enabling prosecutors to bring seemingly rock-solid charges against accused murderers and rapists while also using it to re-open and solve dust-collecting cold cases. Victims and …
Article • December 5, 2018 • from CLN December, 2018
$384 Million Paid Out by New York City in Last Five Years for Police Misconduct by Derek Gilna by Derek Gilna New York City police misconduct continues to cost New York taxpayers a lot of money. In the past five years, New York City has paid out $384 million in …
Article • December 5, 2018 • from CLN December, 2018
Oklahoma’s Railroading its Citizens into Prison by Edward Lyon by Ed Lyon Lynch mobs, vigilance committees, and necktie parties. These terms evoke what many stories refer to as frontier justice, where groups of people operated outside the established frameworks of law and order, sheriffs and courts, to wreak revenge on …
Article • December 5, 2018 • from CLN December, 2018
Under Fire, Long Beach Police Suspend Use of Self-Deleting Message App by Betty Nelander by Betty Nelander The TigerText app that permanently erases messages after a set time period has triggered controversy in Long Beach, California. There, the police department suspended use of it after its use was exposed by …
Article • December 5, 2018 • from CLN December, 2018
Michigan Supreme Court Announces New Rule for Appointing Expert Witness for Indigent Defendants, No Longer Left to Trial Judge’s Discretion by Dale Chappell by Dale Chappell The Supreme Court of Michigan held that a trial judge’s discretion plays no part in appointing an expert witness for a defendant; instead, a …
Article • December 5, 2018 • from CLN December, 2018
Colorado Supreme Court Holds Ameliorative Amendments Apply Retroactively to Non-Final Convictions by Dale Chappell by Dale Chappell The Supreme Court of Colorado held that amendments to statutes favorable to defendants apply retroactively to non-final convictions, unless the statute contains language that expressly provides it applies only prospectively, resolving a conflict …
Rodriguez, et al. v. Mach, et al., TX, class action complaint, driver's license suspension scheme, 2018 Case 5:18-cv-01265 Document 1 Filed 12/05/18 Page 1 of 66 THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION __________________________________________ ) GRACIELA RODGRIGUEZ, ) CHARLES STEVENS, ) KHALID SALAHUDDIN, …
Article • November 28, 2018 • from CLN December, 2018
Filed under: Juries, Habeas Corpus, AEDPA
Sixth Circuit Grants Habeas Relief When Juror Failed to Disclose History of Sexual Abuse in Sexual Assault Case by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Sixth Circuit ruled that a defendant convicted of third-degree criminal sexual conduct did not receive a fair trial because …
Article • November 28, 2018 • from CLN December, 2018
New York Court of Appeals: Excited Utterance Must Be Based on Personal Observation to Be Admissible as Exception to Hearsay Rule by Dale Chappell by Dale Chappell The New York Court of Appeals reversed a conviction in which an “excited utterance” overheard in the background on a 911 call ostensibly …
Article • November 28, 2018 • from CLN December, 2018
Seventh Circuit: Habeas Petition Challenging § 841 Recidivism Sentence Enhanced with Vacated State Convictions is Not Time-Barred by § 851(e) Statute of Limitations by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Seventh Circuit ruled that a federal prisoner convicted of violating 21 U.S.C. § 841, …
H.C. v. Bradshaw, Order Granting Class Certification, Preliminary Settlement Approval, 2018 Case 9:18-cv-80810-WM Document 79 Entered on FLSD Docket 11/16/2018 Page 1 of 4 U N ITED ST ATE S D ISTRIC T C O U RT SO UTH ERN D ISTR ICT O F FLO R IDA CivilN o.l8-cv-8o8lo-M …
Article • November 8, 2018
Exonerated Waukegan, Illinois, Man Receives $9 Million for Wrongful Conviction by Derek Gilna by Derek Gilna Jason Strong, a former Waukegan, Illinois, resident, settled a wrongful conviction lawsuit against that city and numerous surrounding suburbs for $9 million. Strong was arrested, tried, convicted, and sentenced to 46 years for the …
Article • November 6, 2018 • from CLN November, 2018
Judge orders Tacoma to pay fines, attorney fees over stingray records by Dale Chappell by Dale Chappell A Pierce County judge hit the City of Tacoma, Washington, with nearly $300,000 in fines and fees for violating the state’s Public Records Act (“PRA”), when it failed to turn over records on …
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