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Article • March 16, 2019 • from CLN April, 2019
Filed under: Bail
Wisconsin Considers Updating Its Cash Bail System by Kevin Bliss by Kevin Bliss Wisconsin’s constitution establishes that cash bail only be set as a means of ensuring defendants’ appearance at court hearings, but opponents say the system only ensures that the poor remain incarcerated while the rich enjoy freedom. Defendants …
Article • March 16, 2019 • from CLN April, 2019
Birth Pangs of Bail Reform Come to Texas by Edward Lyon by Ed Lyon  For scores of years, excessive bail amounts for fiscally impoverished individuals accused of crimes have been a major factor in jail overcrowding. This, in turn, leads to violence and excessive additional costs to cities, counties, and …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals, Trials
Indiana Supreme Court Announces Trial Court Must Resentence on All Underlying Felonies After Gang Enhancement Sentence Reversed on Appeal by Derek Gilna by Derek Gilna The Supreme Court of Indiana ruled that following the reversal of a gang enhancement sentence under Ind. Code § 35-50-2-15 the trial court on remand …
Article • March 16, 2019 • from CLN April, 2019
$8.4 Million Combined Settlement Reached by ‘Norfolk Four’ by Douglas Ankney by Douglas Ankney Four former Navy sailors (the “Norfolk Four”), who were wrongly convicted of the rape and murder of Michelle Bosko, agreed to a $4.9 million settlement with the City of Norfolk, Virginia.  Governor Ralph Northam then signed …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals
Eleventh Circuit Rules DEA’s Definition of Positional Isomer Does Not Apply to Substances on Temporary Schedule, Vacates Possession Conviction by Matthew Clarke by Matt Clarke  The U.S. Court of Appeals for the Eleventh Circuit held that neither the definition of “positional isomer” set forth in 21 C.F.R. § 1300.0l(b) nor …
Article • March 16, 2019 • from CLN April, 2019
Shooting of Seven-Year-Old Girl in Houston Highlights Problems With Eyewitness Identification by Matthew Clarke by Matt Clarke The fatal shooting of a 7-year-old black girl who was riding in a car on a Houston highway, along with her mother and three sisters, is a tragedy that starkly illustrates the problems …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Sexual Assault
Georgia Supreme Court Announces Defendant May Invoke Rape Shield Statute to Bar State From Offering Evidence of Victim’s Past Sexual Behavior by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia held that a defendant may invoke O.C.G.A. § 24-4-412 (“Rape Shield Statute”) to prohibit the State from offering …
Article • March 16, 2019 • from CLN April, 2019
Kentucky Supreme Court Holds State Statute Defining Intellectual Disability as IQ of 70 or Lower Unconstitutional, Death Row Prisoner Entitled to Hearing by Matthew Clarke by Matt Clarke  The Supreme Court of Kentucky held that a court erred when it denied a death-sentenced prisoner’s post-conviction motion alleging intellectual disability without …
Article • March 16, 2019 • from CLN April, 2019
Oregon Supreme Court Clarifies PCR ‘Church Motion’ Practice by Mark Wilson by Mark Wilson The Supreme Court of Oregon clarified, and dramatically restricted, the so-called “Church motion” practice in post-conviction relief (“PCR”) cases.  PCR is the exclusive collateral remedy for Oregon prisoners to challenge their convictions and sentences. Indigent PCR …
Article • March 16, 2019 • from CLN April, 2019
Death Penalty Usage Trending Downward, Report Reveals by Betty Nelander by Betty Nelander A look back at 2018 reveals death-penalty usage in the United States trending downward for the fourth consecutive year, according to a year-end report by the Death Penalty Information Center (“DPIC”). Executions numbered fewer than 30, and …
Article • March 16, 2019 • from CLN April, 2019
Tennessee Supreme Court: Attempting to Secretly Videotape Teen Changing Clothes Does Not Support Conviction for Attempted Production of Child Pornography by Douglas Ankney by Douglas Ankney On January 7, 2019, the Supreme Court of Tennessee ruled that evidence of placing a camera in a teen’s bedroom with the intent of …
Georgia Supreme Court Holds Statute Authorizing Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Is Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia held that the state statute authorizing the lifetime global positioning system (“GPS”) monitoring of persons determined to be a “sexually dangerous person” (“SDP”) but …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Wrongful Conviction
Erie County Convicted 11 People of Violating a Law Ruled Unconstitutional Over 20 Years Ago by Federal Court by Kevin Bliss by Kevin Bliss Erie County, New York, wrongfully convicted 11 people under a law that was ruled unconstitutional over 20 years ago — yet is still listed in the …
Article • March 16, 2019 • from CLN April, 2019
Video Simulators Part of Push to Train Police to Shoot Fewer Dogs, Limit Lawsuits by Derek Gilna by Derek Gilna Video simulators are now used by some police departments to train their officers in the use of non-lethal force. A 2005 decision by the U.S. Court of Appeals for the …
Article • March 16, 2019 • from CLN April, 2019
FBI Reviewing Four Incidents of Excessive Force at Mesa, Arizona, PD in Just Four Months by Dale Chappell by Dale Chappell The FBI is reviewing four incidents of excessive force by Mesa, Arizona, police officers in the span of just four months, some after an “independent” investigation cleared the involved …
Article • March 16, 2019 • from CLN April, 2019
Law Enforcement and Lobbyists Battle Over Need for Civil Asset Forfeiture Reform by Kevin Bliss by Kevin Bliss Texas used civil and criminal asset forfeiture to obtain more than $50 million in cash and property in 2017, according to the Texas Attorney General’s Office. Everything from cash and cars to …
Article • March 16, 2019 • from CLN April, 2019
First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive by Dale Chappell by Dale Chappell In a case where a defendant was sentenced when the career offender guideline still contained the so-called residual clause, the U.S. Court of Appeals for the First Circuit …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Trials
Nevada Supreme Court Clarifies, Narrows Nonhearsay Rule Under NRS 51.135(2) by Dale Chappell by Dale Chappell An out-of-court statement is not hearsay only if the person making the statement is subject to cross-examination concerning the statement, the Nevada Supreme Court instructed, clarifying and narrowing the application of when nonhearsay statements …
Article • March 16, 2019 • from CLN April, 2019
North Dakota Supreme Court Announces Implied Consent Advisory Must be Read After Arrest and Before Administering Test by Douglas Ankney by Douglas Ankney In December 2018, the Supreme Court of North Dakota held that the implied consent advisory pursuant to N.D.C.C. § 39-20-01(2) and (3) must be read after placing …
Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit held that a defendant did not receive effective assistance of counsel when his attorneys failed to object and move for a mistrial …
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