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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 …
Article • November 6, 2018 • from CLN November, 2018
$150,000 Settlement for Man Beaten by West Virginia State Police by For the fourth time in his employment with the West Virginia State Police, Ralph Justus was named as a defendant in a case alleging police brutality. The state agreed to settle out of court for $150,000, making it a …
Article • November 6, 2018 • from CLN November, 2018
Nevada Supreme Court Announces Testimony at Probation Revocation Hearing Inadmissible in Later Criminal Proceeding by Dale Chappell by Dale Chappell Announcing a new rule to protect the constitutional rights of criminal defendants who face both probation revocation and new criminal charges, the Nevada Supreme Court held that testimony and evidence …
Article • November 1, 2018 • from CLN November, 2018
U.S. Supreme Court: Defendant Sentenced Pursuant to a Rule 11(c)(1)(C) Plea ‘Generally Eligible’ for Sentence Reduction when Guidelines Retroactivity Reduced by Christopher Zoukis by Christopher Zoukis The Supreme Court of the United States, in a 6-3 ruling, cleared up significant confusion in the circuit courts of appeals by ruling that …
Article • November 1, 2018 • from CLN November, 2018
Filed under: Attorneys, Appeals
D.C. Circuit Holds Generic Appeal Waiver Does Not Bar IAC Claim During Sentencing by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the D.C. Circuit ruled that a “generic appeal waiver does not affect a defendant’s ability to appeal his sentence on yet-to-arise ineffective-assistance-of-counsel grounds.” An unnamed …
Article • October 31, 2018 • from CLN November, 2018
$3 Million Federal Court Settlement: Philadelphia Agrees to End Civil Forfeiture by Derek Gilna by Derek Gilna A federal civil rights suit alleging massive abuse of Philadelphia’s civil asset forfeiture program was settled in September 2018 for $3 million, which will be distributed to individuals it victimized. The settlement resolved …
Article • October 31, 2018 • from CLN November, 2018
Filed under: Civil Procedure, Appeals
Maryland Court of Appeals Announces Proper Procedure for In Banc Review by Dale Chappell by Dale Chappell In a case where in banc review was improperly granted to review a circuit court’s ruling, the Court of Appeals of Maryland took the opportunity to clarify when in banc review can be …
Article • October 31, 2018 • from CLN November, 2018
Do Las Vegas Prosecutors Routinely Ignore Discovery Disclosure Requirements? by Matthew Clarke by Matt Clarke Attorneys for the Office of the Clark County (Nevada) Public Defender say prosecutors routinely violate state and federal laws governing the sharing of information known as “discovery.” They claim the situation is so grave that …
Article • October 31, 2018 • from CLN November, 2018
Second Circuit Rules Police Not Entitled to Qualified Immunity After Failing to Comply With Terms of Material Witness Warrant by Kevin Bliss by Kevin Bliss The U.S. Court of Appeals for the Second Circuit held that the detention of a prospective material witness for 18 hours in a holding cell …
Article • October 30, 2018
Records Reveal Culture of Disregard Toward Use of Force in Ohio Police Department by Kevin Bliss by Kevin Bliss More than 20,000 use-of-force complaints were filed by civilians against police in the Columbus Police Department between 2001 and 2017, but only 152 were sustained or found in violation of department …
Article • October 29, 2018 • from CLN November, 2018
New Jersey Supreme Court Holds DNA Exception Tolling Statute of Limitations Applies Only to Suspect Directly Identified by DNA by Dale Chappell by Dale Chappell Tolling of the statute of limitations under the DNA statute applies only to the “actor” directly linked to the crime by the DNA, and not …
Filing • October 1, 2018
HRDC v. DHHS, WA, Complaint, Public Records on Family Separation, 2018 Case 2:18-cv-01442-JLR Document 1 Filed 10/01/18 Page 1 of 7 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 11 THE HUMAN RIGHTS DEFENSE CENTER and MICHELLE DILLON, …
Article • September 24, 2018 • from CLN October, 2018
Federal Court Suppresses Evidence Where Consent to Search Vehicle Obtained Via Google Translate by Christopher Zoukis by Christopher Zoukis A federal judge in the United States District Court for the District of Kansas threw out evidence found during a warrantless search of a vehicle when “consent” was obtained from a …
Article • September 24, 2018 • from CLN October, 2018
$9 Million Settlement in Baltimore Wrongful Conviction Case by Christopher Zoukis by Christopher Zoukis Baltimore officials agreed in May 2018 to settle a claim of wrongful conviction brought by a man who spent more than 20 years in prison for a murder he didn’t commit. The city agreed to pay …
Article • September 23, 2018 • from CLN October, 2018
Kentucky Supreme Court Tosses Evidence Holding Dog Sniff of Nervous Driver with Prior Drug Charges was Unreasonable by Dale Chappell by Dale Chappell The Supreme Court of Kentucky held that a drug-dog sniff based on the nervousness of the driver who had prior drug charges (but not convictions) was an …
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