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Article • December 29, 2018 • from CLN January, 2019
Fourth Circuit: Federal Conspiracy to Commit Murder in Aid of Racketeering Not a Crime of Violence for Purposes of Sentencing Guidelines Enhancement by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Fourth Circuit ruled that conspiracy to commit murder in aid of racketeering, in violation …
Article • December 29, 2018 • from CLN January, 2019
Colorado Leads U.S. in Suppression of Court Cases by Kevin Bliss by Kevin Bliss The Denver Post reported that it had found a cache of suppressed court cases in Colorado. More than 6,700 cases, mostly criminal (including some involving violent felonies), had been restricted from public access since 2013. Many …
Article • December 29, 2018 • from CLN January, 2019
Kansas Supreme Court Rules Fourth Amendment Violation Where Purported Inventory Search Was Performed in Absence of Standard Policy by Richard Resch by Richard Resch The Supreme Court of Kansas held the warrantless search of defendant’s purse and wallet following a traffic accident violated her Fourth Amendment rights because the search …
Article • December 29, 2018 • from CLN January, 2019
Massachusetts Supreme Court Shifts Burden on Government to Prove by Clear and Convincing Evidence Sex Offender Poses Continued Risk at Termination of Registry Hearings by Dale Chappell by Dale Chappell The Supreme Judicial Court of Massachusetts held that when a sex offender required to register requests to be reclassified at …
Article • December 29, 2018 • from CLN January, 2019
Report: NYPD Assisted in Creating Facial Recognition Technology by Kevin Bliss by Kevin Bliss IBM and the New York Police Department (“NYPD”) collaborated on the development of the computer giant’s facial recognition technology, The Intercept has revealed. The program began in 2008 when IBM used the threat of possible terrorist …
South Carolina Supreme Court Rules Mandatory Electronic Monitoring of Sex Offenders Must Be ‘Reasonableness’ Under Fourth Amendment by Dale Chappell by Dale Chappell The Supreme Court of South Carolina held that a state law requiring mandatory electronic monitoring of sex offenders must meet the “reasonableness” standard under the U.S. and …
Article • December 29, 2018 • from CLN January, 2019
Minnesota Supreme Court Joins the Chorus by Announcing Birchfield is Retroactive by Christopher Zoukis by Christopher Zoukis The Supreme Court of Minnesota ruled that Birchfield v. North Dakota, 136 S. Ct. 2160 (2016), in which the U.S. Supreme Court held that a state cannot use criminal sanctions to compel a …
Article • December 29, 2018 • from CLN January, 2019
Filed under: Victims, Settlements, Police
$1 Million Settlement by Cleveland to Six Rape, Murder Victims’ Families by Kevin Bliss by Kevin Bliss The families of six of 11 victims raped and killed by convicted sex offender Anthony Sowell due to a botched 2008 rape accusation reached a settlement with the city of Cleveland. The loved …
Article • December 29, 2018 • from CLN January, 2019
Filed under: Attorneys, Appeals, Witnesses
Connecticut Supreme Court Finds IAC for Failure to Investigate Key Alibi Witness, Grants New Trial by Dale Chappell by Dale Chappell In a case where the defendant’s alibi was his only defense, the Supreme Court of Connecticut held that counsel’s failure to investigate a key witness who could have supported …
Article • December 29, 2018 • from CLN January, 2019
Ninth Circuit Holds Undisclosed Relationship Between Murdered FBI Agent and Presiding Judge in Capital Case Created Intolerable Risk of Judicial Bias, Warranting Habeas Relief by David Reutter by David Reutter The U.S. Court of Appeals for the Ninth Circuit held that an undisclosed connection between an FBI agent and a …
Article • December 29, 2018 • from CLN January, 2019
Ninth Circuit Rules California Robbery Not a ‘Crime of Violence’ in Light of Dimaya and Allows Withdrawal of Guilty Plea by David Reutter by David Reutter The U.S. Court of Appeals for the Ninth Circuit held a defendant was entitled to withdraw his guilty plea to a charge of illegally …
Article • December 28, 2018 • from CLN January, 2019
Civil Rights Groups Urge Ending Use of Pretrial Bail Risk Assessment Tools by Steve Horn by Steve Horn More than 100 civil rights organizations have signed a statement to denounce the use of pretrial bail risk assessment algorithm tools meant to determine conditions of bail and, in many cases, jail. …
Article • December 28, 2018 • from CLN January, 2019
California’s New Cashless Bail System More Likely to Increase Number of Detainees by Kevin Bliss by Kevin Bliss California became the first state to completely do away with cash bail, making international headlines. The new system uses algorithms to weigh factors to determine a person’s risk assessment with preventive detention …
Article • December 28, 2018 • from CLN January, 2019
Article Calls for Courts to Implement ‘Brady Violation Disclosure Letter’ System by Steve Horn by Steve Horn A draft copy of an academic article set to be published in 2019 in the Vanderbilt Law Review calls for a novel approach to chipping away at the nagging issue of Brady violations …
Article • December 28, 2018 • from CLN January, 2019
Filed under: News, Public Records Act
Georgia Can No Longer Charge for Access to Its Statutes, Thanks to Eleventh Circuit Ruling by For decades, the citizens of Georgia were not able to see the laws governing them without paying a fee. However, the U.S. Court of Appeals for the Eleventh Circuit ruled on October 19, 2018, …
Article • December 28, 2018 • from CLN January, 2019
Filed under: Sentencing
I once wrote mandatory minimum laws. After ties to Abramoff landed me in prison, I know they must end. by Kevin Ring 10 million children will lose a parent to incarceration. Judges must consider individual cases, not be forced to unnecessarily separate families by Kevin Ring, Opinion contributor, USA TODAY, …
Article • December 28, 2018 • from CLN January, 2019
Seventh Circuit Vacates Conditions of Supervised Release Following Child Pornography Conviction by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Seventh Circuit vacated three of the four conditions of supervised release (“CSR”) challenged by a man who had been convicted of possessing child pornography. Joseph Canfield …
Article • December 28, 2018 • from CLN January, 2019
Illinois: Chicago Police Misconduct Outed in Database 2.0 Version by Edward Lyon by Ed Lyon On August 16, 2018, a new era of transparency in Chicago police misconduct dawned. An updated version of a public database called the Citizens Police Data Project 2.0 (“CPDP”) makes available disciplinary records of Chicago …
Article • December 28, 2018 • from CLN January, 2019
Seventh Circuit: Bureau of Prisons Improperly Prolonged Prisoner’s Sentence by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit took the federal Bureau of Prisons to task for using its statutory authority to improperly prolong a prisoner’s sentence. The opinion vacated a district court …
Article • December 28, 2018 • from CLN January, 2019
Oregon Supreme Court: ‘Grooming’ Evidence Requires Scientific Validity Foundation by Mark Wilson by Mark Wilson The Supreme Court of Oregon held that expert testimony about “grooming” children for subsequent sexual abuse is “scientific” evidence that may not be admitted without a foundational showing of scientific validity under Or. Evid. Code …
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