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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 …
Article • September 23, 2018 • from CLN October, 2018
Filed under: Evidentiary Ruling
Seventh Circuit Affirms Order Granting New Trial Due to Newly Discovered Evidence by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit affirmed a district court’s ruling that a criminal defendant should get a new trial because an audio recording that was favorable and …
Article • September 23, 2018 • from CLN October, 2018
Filed under: Jury Instructions
Texas Court of Criminal Appeals Holds Sua Sponte Jury Instruction on Self-Defense Also Applies to Lesser-Included Charges by Dale Chappell by Dale Chappell A sua sponte jury instruction on self-defense for a murder charge applied equally to the lesser-included charge, and a judge’s failure to inform the jury that it …
Article • September 23, 2018 • from CLN October, 2018
Filed under: Appeals, Sentencing
10th Circuit: Oklahoma’s Second-Degree Burglary Not an ACCA Qualifying Offense by David Reutter by David Reutter The Tenth Circuit Court of Appeals held convictions for burglary under Oklahoma law do not qualify as violent felonies for sentence enhancement under the federal Armed Career Criminal Act (“ACCA”). Raymond Hamilton was convicted …
Article • September 20, 2018 • from CLN October, 2018
California Court of Appeal Holds Box Cutter Not ‘Inherently’ Deadly Weapon by Dale Chappell by Dale Chappell A box cutter is a type of knife “designed to cut things and not people,” and was therefore not “inherently” a deadly weapon as a matter of law, the Court of Appeal of …
Article • September 20, 2018 • from CLN October, 2018
Filed under: Appeals
Kentucky Supreme Court Overrules Flawed Brindley Opinion and Announces Commonwealth Cannot Appeal Judgment of Acquittal by Dale Chappell by Dale Chappell The Supreme Court of Kentucky held that the Commonwealth cannot appeal from a judgment of acquittal in a criminal case after a jury’s guilty verdict, interpreting the Kentucky Constitution …
Article • September 20, 2018 • from CLN October, 2018
NY Court of Appeals Holds Trial Court’s Failure to Advise Defense of Jury Note Contents Constitutes Reversible Error by Dale Chappell by Dale Chappell The Court of Appeals of New York held that a trial court’s failure to make the defendant aware of the content of notes by the jury …
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