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Article • January 19, 2019 • from CLN February, 2019
Filed under: Trials
Juror Bias Often Triggered by Severity of Crime Charged by Edward Lyon by Ed Lyon Duke University’s Institute of Brain Sciences recently partnered with the National Institutes of Health and National Science Foundation to study the effect of crime severity on jurors’ psyches prior to hearing evidence. The study’s full …
Article • January 19, 2019 • from CLN February, 2019
Investigation and Arrest of Mail Bomb Suspect Rips Cover Off Postal Surveillance by Derek Gilna by Derek Gilna The recent investigation and arrest of the suspect in the 2018 mail bomb incidents targeting Democratic and liberal figures have focused attention on a virtually unknown federal government surveillance program that has …
Article • January 19, 2019 • from CLN February, 2019
Filed under: Police
Campus Cops on Municipal Streets Raises Transparency and Accountability Concerns by Virginia Griese by Virginia Griese The use of private, gun-carrying university campus police is raising concerns about the accountability and transparency of these forces. “No Justice/ No Peace/ No Private Police” was the chant that protesters used at the …
Article • January 19, 2019 • from CLN February, 2019
Louisiana Ends Jim Crow-era Law: Unanimous Jury Requirement Now in Constitution by Virginia Griese by Virginia Griese The new year brings an end to an archaic Jim Crow-era law in Louisiana that allowed split juries in criminal cases. Felony convictions or acquittals in the state now require unanimous jury decisions, …
Article • January 19, 2019 • from CLN February, 2019
‘Texas Reneging on Deal’ With Draconian Sex Offender Registry, but Some Are Fighting Back by Edward Lyon by Ed Lyon During our nation’s formative years, Native Americans faced subjugation and betrayal by the U.S. government. They were torn away from their land and assigned tracts called reservations. Whenever a reservation …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Double jeopardy
Montana Supreme Court: Retrial Following Mistrial Declared Without ‘Manifest Necessity’ Violates Prohibition on Double Jeopardy by Mark Wilson by Mark Wilson The Supreme Court of Montana held that a municipal court violated state and federal double jeopardy prohibitions when it declared a mistrial and ordered a new trial. James Joseph …
Article • January 18, 2019 • from CLN February, 2019
U.S. Senator Sounds Alarm on Privacy, Public Safety Concerns of Cell-Site Simulators by Derek Gilna by Derek Gilna A U.S. senator has added his voice to those of privacy experts who have expressed concern about the use of cell-site simulators (“CSSs”) also known as “Stingrays.” According to a letter written …
Article • January 18, 2019 • from CLN February, 2019
Filed under: War on Drugs
DEA Agents Trap Cocaine-Trafficking Suspects with Doctored Blackberrys by Derek Gilna by Derek Gilna Drug Enforcement Administration (“DEA”) agents apparently supplied suspected cocaine-traffickers with smartphones that the users thought were encrypted but instead were modified with eavesdropping technology. According to Human Rights Watch (“HRW”), it is unknown how often the …
Article • January 18, 2019 • from CLN February, 2019
Federal Judge Signals That Defense Counsel Will Be Permitted To Argue Jury Nullification in Questionable Child Porn Prosecution by Chad Marks by Chad Marks Yehudi Manzano, a man in his 30s, was charged with producing and transporting child pornography. Manzano allegedly recorded a sexual encounter with his teenage sex partner. …
Article • January 18, 2019 • from CLN February, 2019
Texas Court of Criminal Appeals Rules Defense Attorney Violated McCoy, Reverses Capital Convictions and Orders New Trial by Chad Marks by Chad Marks The Court of Criminal Appeals of Texas ruled that defense counsel’s actions conceding guilt against defendant’s express wishes during trial violated his Sixth Amendment rights under McCoy. …
Article • January 18, 2019 • from CLN February, 2019
Nevada Supreme Court Reverses Convictions Where Trial Court Failed to Conduct Third Step of Batson Challenge by Chad Marks by Chad Marks The Supreme Court of Nevada ruled that a trial court’s failure to properly conduct the three-step Batson analysis when a prospective juror is allegedly dismissed on the basis …
Article • January 18, 2019 • from CLN February, 2019
Sixth Circuit: Tennessee Aggravated Sexual Battery Is Not a SORNA Tier III Offense by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Sixth Circuit ruled that a defendant previously convicted of aggravated sexual battery in Tennessee should not have been classified as a Tier III sex …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Habeas Corpus
Georgia Supreme Court: Asportation Required to Support Kidnapping Conviction by David Reutter by David Reutter The Supreme Court of Georgia granted a habeas corpus petition and held there was insufficient evidence of asportation to support the kidnapping charges of appellant Jessie Mercer. Mercer was convicted in 2004 of kidnapping Richard …
Article • January 18, 2019 • from CLN February, 2019
Montana Supreme Court Overrules Its Precedents Confusing Venue and Jurisdiction, Announces Venue Is Waivable But Cannot Waive Jurisdiction by Dale Chappell by Dale Chappell Overruling its precedent, the Supreme Court of Montana held that venue is not a jurisdictional element and may be waived by a defendant. However, it also …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Parole
California Court of Appeal: Commissioner Cannot Preside Over Parole Revocation Hearing Absent Stipulation by Douglas Ankney by Douglas Ankney On December 5, 2018, the Court of Appeal of California, Fourth Appellate District, ruled that a commissioner may not preside over a parole revocation hearing absent a stipulation by the parties. …
Article • January 18, 2019 • from CLN February, 2019
Wisconsin Supreme Court Rules Attempt to Close Door in Officer’s Face Clear Signal that Consent Not Given for Warrantless Entry by Douglas Ankney by Douglas Ankney On December 7, 2018, the Supreme Court of Wisconsin reversed a decision of the court of appeals that affirmed a circuit court’s denial of …
Article • January 18, 2019 • from CLN February, 2019
Filed under: junk science
Report: Bitemark Analysis Debunked as Pseudoscience by Richard Resch by Richard Resch Unreliable bitemark identification evidence used in criminal cases has led to 31 exonerations, forensicmag.com reports. “The unsupported comparison of such bite marks left in human skin during rapes, murders and other violent attacks should be totally thrown out …
Article • January 18, 2019 • from CLN February, 2019
Montana Supreme Court: City May Not Impose Local Surcharge Not Authorized by State Law for Violation of State Criminal Statute by Derek Gilna by Derek Gilna Corrine Franklin, who pleaded guilty to disorderly conduct in Missoula, Montana, Municipal Court, was assessed a $25 surcharge by the City of Missoula, earmarked …
Article • January 18, 2019 • from CLN February, 2019
Sixth Circuit Holds Tennessee Burglary Not Violent Felony Under ACCA, Overturning Previous Controlling Authority in Light of SCOTUS’ Mathis Opinion by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held that Tennessee third-degree burglary, as interpreted by the Tennessee Supreme Court, cannot qualify as …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Double jeopardy
Maine Supreme Court Rules Double Jeopardy Bars Re-Use of Evidence at Second Trial After Acquittal Based on Same Evidence at First Trial on Different Charges by Dale Chappell by Dale Chappell The Supreme Judicial Court of Maine held that double jeopardy barred the use of the same evidence used in …
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