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Article • March 16, 2019 • from CLN April, 2019
Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence by David Reutter by David Reutter The U.S. Court of Appeals for the Fourth Circuit affirmed the suppression of evidence obtained while executing a search warrant based on the discovery …
Sixth Circuit Rejects Qualified Immunity Claim in Malicious Prosecution Suit for Wrongful Arrest and Conviction Involving Multiple Lies by Police by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit upheld the denial of summary judgment filed by Detroit police in a lawsuit alleging malicious …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals, Overdetention
Seventh Circuit: Claim for Unlawful Pretrial Detention Accrues on Date of Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit has held that the accrual date for claims for arrest and detention without probable cause is the date the detention ends. Maurice Lewis …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Prosecutors
Connecticut Supreme Court Announces Defense Counsel Has Duty to ‘Promptly’ Notify Defendant of Plea Offer, Failure to Notify Before Testifying Constitutes IAC by Matthew Clarke by Matt Clarke The Supreme Court of Connecticut held that a criminal defense attorney was ineffective for waiting to convey to his client a plea-bargain …
Article • March 16, 2019 • from CLN April, 2019
In Landmark Civil Asset Forfeiture Case, U.S. Supreme Court Holds Excessive Fines Clause of Eighth Amendment Applicable to States by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that the Excessive Fines Clause of the Eighth Amendment is applicable to the states through the …
Article • March 16, 2019 • from CLN April, 2019
Ninth Circuit Holds Juror Who Wouldn’t Unequivocally State She Could Be Impartial Should Have Been Excused; New Trial Ordered Because Biased Juror Can’t Be Harmless Error by Dale Chappell by Dale Chappell In a case where a juror did not unequivocally state that she could be unbiased because she had …
Article • March 16, 2019 • from CLN April, 2019
Fourth Circuit Grants Habeas Relief for Death Row Prisoner Because Trial Court Excluded Expert Testimony Defendant Represents Low Risk of Violence in Prison by David Reutter by David Reutter The U.S. Court of Appeals for the Fourth Circuit reversed the denial of habeas corpus relief to a death row prisoner. …
Article • March 16, 2019 • from CLN April, 2019
Supreme Court of Alaska Announces Court System Bears Costs of Expert Evaluation When Insanity or Diminished Capacity Raised as Defense by Chad Marks by Chad Marks The Supreme Court of Alaska held that a trial court was required under Alaska state law to appoint at least two qualified psychiatrists or …
Article • March 16, 2019 • from CLN April, 2019
Arkansas Supreme Court: Search of Wallet Exceeded Scope of Lawful ‘Terry’ Frisk for Weapons by Douglas Ankney by Douglas Ankney The Supreme Court of Arkansas ruled that the search of a defendant’s wallet during a frisk for weapons pursuant to an investigatory detention constituted an unconstitutional search. Corporal Kenneth Kennedy …
Destroyed Lives by Sandy Rozek by Sandy Rozek, NARSOL In 1969, a man named Peter Yarrow, a musical pop star, opened the door of his dressing room to two sisters, ages 17 and 14, who were seeking his autograph. He was nude and proceeded with sexually suggestive and apparently aggressive remarks …
Article • March 16, 2019 • from CLN April, 2019
California Police Privacy Laws Have Been Violating Brady for Years by Mark Wilson by Mark Wilson An arresting officer’s fabrication or planting of evidence or other misconduct lies at the very heart of the definition of exculpatory evidence that must be disclosed to criminal defendants under the Sixth Amendment since the …
Article • March 16, 2019 • from CLN April, 2019
New Jersey Supreme Court: Detention of Motel Room Occupants After Reason for Police Visit Resolved Is Unlawful Seizure, Evidence Subject to Exclusionary Rule by Richard Resch by Richard Resch The Supreme Court of New Jersey ruled that police detention of motel room occupants for warrant checks after a noise complaint …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Sentencing
N.C. Supreme Court: Hiring and Paying a Hit Man Not Overt Act Necessary for Attempted Murder Charge by Douglas Ankney by Douglas Ankney The Supreme Court of North Caro­lina ruled that hiring an undercover officer posing as a hit man to kill another person does not satisfy the element of …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Databases, Police
NYPD’s Controversial Use of Mugshot Database Searches by Matthew Clarke by Matt Clarke  The NYPD’s practice of using a crime victim or witness’ description of a perpetrator to generate a search of the department’s mugshot database, often generating hundreds of hits, has caused controversy and resulted in wrongful arrests.  New …
Article • March 16, 2019 • from CLN April, 2019
Conversations With Those Helped by Passage of First Step Act: Provides Relief for Some Federal Prisoners, but More Is Needed by Chad Marks by Chad Marks December 21, 2018, changed the lives of many federal prisoners in facilities throughout the United States. That’s when President Trump signed the bipartisan First …
Appeals court provides new vehicle to challenge registration by Larry N. by Larry N., NARSOL We are excited to report that registrants in Pennsylvania now will have a new vehicle to challenge sex offender registration. The United States Court of Appeals for the Third Circuit Court handed down a precedential …
Article • March 15, 2019 • from CLN April, 2019
Filed under: junk science, FBI
The FBI Says Its Photo Analysis Is Scientific Evidence. Scientists Disagree. by Ryan Gabrielson The bureau’s image unit has linked defendants to crime photographs for decades using unproven techniques and baseless statistics. Studies have begun to raise doubts about the unit’s methods. by Ryan Gabrielson, ProPublica At the FBI Laboratory …
Kickback publication • March 15, 2019
SD DOC - GTL Contract Extension Mar 15 2019 RFP# 193 Service PO#16SC180170 STATE OF SOUTH DAKOTA AMENDMENT #1 FOR PROVIDER SERVICES BETWEEN Name: Address: City/State: Global Tel'Link Corporation 12021 Sunset Hills Road, Suite 100 Reston, VA 20190 Referred to as GTLNendor South Dakota Department of Corrections 3200 E. Hwy …
Taylor v. County of Pima, AZ, Amicus Brief, Post-Incarceration Rights, 2019 No. 17-16980 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ___________________________ LOUIS TAYLOR, A SINGLE MAN, Plaintiff-Appellee, v. COUNTY OF PIMA, A BODY POLITIC, AND THE CITY OF TUCSON, A BODY POLITIC, Defendants-Appellants. ___________________________ Appeal from …
Brief • March 14, 2019
Filed under: Centurion, Malpractice
Wilson v. Centurion Correctional Healthcare of New Mexico, LLC, et al., NM, Complaint, Medical Malpractice, 2019 Centurion 000490 FILED 1st JUDICIAL DISTRICT COURT Santa Fe County 3/14/2019 4:48 PM STEPHEN T. PACHECO CLERK OF THE COURT Tamara Snee STATE OF NEW MEXICO COUNTY OF SANTA FE FIRST JUDICIAL DISTRICT COURT …
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