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Article • February 15, 2019 • from CLN March, 2019
Filed under: DNA Testing/Samples
Nebraska Supreme Court Clarifies Applicable Standard for Mandatory Testing Under DNA Testing Act, Reverses District Court for Applying Wrong Standard by Chad Marks by Chad Marks The Supreme Court of Nebraska reversed a district court’s order denying prisoner James Myers’ request for DNA testing pursuant to the DNA Testing Act, …
Article • February 15, 2019 • from CLN March, 2019
Hawaii Supreme Court Finally Complies with SCOTUS’ Apprendi Decision, Vacates Enhanced Sentence Based on Fact Determined by Judge, Not Jury by Christopher Zoukis by Christopher Zoukis The Supreme Court of Hawaii, in ruling that a criminal defendant’s enhanced sentence violated the U.S. Constitution, has come on board with the U.S. …
Article • February 15, 2019 • from CLN March, 2019
Sexual Assaults and Harassment by Members of Los Angeles County Sheriff’s Department Costing Taxpayers Millions by Edward Lyon by Ed Lyon  The Los Angeles County Sheriff’s Department (“LASD”) is the largest of its kind in the U.S. According to recent figures, it tops another list—it’s apparently the most feloniously libidinous …
Article • February 15, 2019 • from CLN March, 2019
Sixth Circuit Vacates a Witness Tampering Conviction, Principally on the Ground that the District Court Erroneously Instructed the Jury on the Intent Element of Witness Tampering by Punch & Jurists By Punch & Jurists In a rare reversal of a witness tampering conviction, the Sixth Circuit, in Lobbins, held that …
Article • February 15, 2019 • from CLN March, 2019
Bronx Prosecutors Trained to Manipulate System to Delay Trials by Matthew Clarke by Matt Clarke Recently revealed internal training documents from the Bronx District Attorney’s Office show that prosecutors are being trained in courtroom techniques designed to delay trial, undermining defendants’ speedy trial rights and extending the pretrial incarceration of …
Article • February 15, 2019 • from CLN March, 2019
Filed under: junk science
Deputy U.S. Attorney General Rosenstein Defends Junk Science Forensics by Matthew Clarke by Matt Clarke Criminal Legal News and its sister publication, Prison Legal News, have long covered prosecutors’ use of questionable forensics and unscientific lab techniques to secure convictions [PLN Oct. 2010, p. l; Apr. 2015, p. l, and …
Article • February 15, 2019 • from CLN March, 2019
SCOTUS Clarifies Scope of Generic Burglary Under the ACCA by Richard Resch by Richard Resch The Supreme Court of the United States held that state burglary statutes that criminalize the burglary of “vehicles designed or adapted for overnight use” are within the scope of the generic burglary definition under the …
Article • February 15, 2019 • from CLN March, 2019
Filed under: Crime Labs
Report: Wisconsin Crime Labs Face Multitude of Problems by Edward Lyon by Ed Lyon Wisconsin has crime labs in Madison, Milwaukee, and Wausau. The Madison and Milwaukee labs are classified as full service because each is responsible for eight forensic-science fields, including DNA analysis. The Wausau lab covers only four …
Article • February 15, 2019 • from CLN March, 2019
Custodial Interrogation Must Cease When Suspect Unambiguously Invokes Right to Remain Silent, Says Fourth Circuit by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit ruled that investigators failed to scrupulously honor defendant’s invocation of his right to remain silent by continuing to question him …
Article • February 15, 2019 • from CLN March, 2019
Fifth Circuit: Introduction of Deposition Video Without Making Good-Faith Effort to Secure Witnesses’ Presence at Trial Violates Confrontation Clause by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit ruled that the Sixth Amendment’s Confrontation Clause was violated when the Government introduced videotaped deposition testimony …
Article • February 15, 2019 • from CLN March, 2019
Oklahoma Supreme Court Announces Drug Court Dismissal of Charges After Successful Completion of Drug Program Entitles Defendant to Immediate Expungement by Douglas Ankney by Douglas Ankney On December 18, 2018, the Supreme Court of Oklahoma ruled that when a drug court dismisses charges after a defendant’s successful completion of a …
Article • February 14, 2019 • from CLN March, 2019
Texas Court of Criminal Appeals Clarifies Proper Evidentiary Standard and Type of Evidence for Informal Competency Hearing by Christopher Zoukis by Christopher Zoukis The Court of Criminal Appeals of Texas reversed a trial court’s refusal to grant a criminal defendant a formal competency evaluation, finding that the trial court and …
Article • February 14, 2019 • from CLN March, 2019
Third Circuit Orders Habeas Relief Based on Trial Counsel’s Failure to Present or Even Investigate Mental Health and Juvenile Records in Pennsylvania Death Penalty Case by Matthew Clarke by Matt Clarke  On July 12, 2018, the U.S. Court of Appeals for the Third Circuit ordered that habeas relief be provisionally …
Article • February 14, 2019 • from CLN March, 2019
Third Circuit: Summons Is Not an Arrest for USSG Criminal History Calculation by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Third Circuit held that the issuance of a summons to appear on a traffic stop is not an arrest for purposes of calculating criminal history …
Article • February 14, 2019 • from CLN March, 2019
Filed under: War on Drugs, Sentencing
Sixth Circuit Reverses 60-Month Upward Variance Sentence Based on News Article Provided to Parties by Court at Beginning of Sentencing Hearing by Matthew Clarke by Matt Clarke  The U.S. Court of Appeals for the Sixth Circuit held that an Ohio federal district court erred when it doubled a defendant’s cocaine-possession …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Expert Witnesses
Ninth Circuit Announces Expert Testimony on Battered Woman Syndrome Not Categorically Excludable, Relevant to Duress Defense by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit vacated Lashay Lopez’s three convictions on federal charges, ruling that the trial court committed prejudicial error in excluding expert …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Appeals, Sentencing
Fifth Circuit Holds Special Conditions in PSR Appendix but Not Orally Pronounced by District Court Must Be Removed From Sentence Where Conflict With Written Judgment by David Reutter by David Reutter The Fifth Circuit Court of Appeals held that where a defendant did not have an opportunity to object to …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Criminal Procedure
SCOTUS: Florida’s Robbery Statute Satisfies Physical Force Requirement of Armed Career Criminal Act by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that the amount of force necessary to sustain a conviction for robbery in Florida satisfies the elements clause of 18 U.S.C. § …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Traffic stop
Idaho Supreme Court: Temporary and Isolated Crossing of the ‘Fog Line’ Not Enough to Support a Traffic Stop by Christopher Zoukis by Christopher Zoukis The Supreme Court of Idaho ruled that a brief, single incident of crossing the outer line in a lane of travel (“fog line”) does not amount …
Article • February 14, 2019 • from CLN March, 2019
Louisiana Supreme Court Vacates Conviction for Batson Violation by Christopher Zoukis by Christopher Zoukis The Supreme Court of Louisiana affirmed a court of appeals determination that a trial court erred when it denied a Batson challenge to the State striking one of two black jurors from a criminal trial panel …
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