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Filing • August 3, 2018
HRDC v. DHS, WA, Complaint, Public Records, 2018 Case 2:18-cv-01141-TSZ Document 1 Filed 08/03/18 Page 1 of 6 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 The Human Rights Defense Center and Michelle Dillon, 10 No. Plaintiffs, 11 COMPLAINT …
$99,000 Settlement Reached in Negligent Enforcement of Protection Order Case by Christopher Zoukis  by Christopher Zoukis The family of Jessica Ann Monroe-Mead agreed to a $99,000 settlement with the county of Newaygo, Michigan, and the sheriff to settle a civil rights claim alleging failure to properly respond to and enforce …
Filing • July 26, 2018
Filed under: Public Records
HRDC v. CORIZON HEALTH, INC., FL, Complaint, Public Records, 2018 Filing # 75578882 E-Filed 07/26/2018 04:34:43 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PALM BEACH COUNTY HUMAN RIGHTS DEFENSE CENTER, a not-for-profit corporation, Plaintiff, Case No.: v. CORIZON HEALTH, …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Civil Procedure, Forfeiture
Denver Under Fire For Law That Critics Describe as Legalized ‘Car Stealing’ by Derek Gilna by Derek Gilna Civil forfeiture, under fire at the state and federal levels the past two years, has faced the spotlight in the city of Denver, Colorado, where a particularly burdensome civil ordinance has resulted …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Appeals, Juries
Mississippi Supreme Court Clarifies that Appellate Courts Never Serve as ‘13th Juror’ for Motion for New Trial by David Reutter by David Reutter The Supreme Court of Mississippi held that neither it nor an appellate court sits as a “thirteenth juror” when reviewing a motion for new trial. The Court …
Article • July 21, 2018 • from CLN August, 2018
Seventh Circuit Affirms Suppression of Evidence Because Traffic Stop Unreasonably Prolonged by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit affirmed a district court’s ruling that evidence obtained from an unlawfully extended traffic stop must be suppressed. The March 7, 2018, decision upheld …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Jury Instructions
Montana Supreme Court Holds Failure to Instruct Jury on State’s Burden of Proof is Plain Error by Dale Chappell by Dale Chappell It is plain error when a trial court fails to instruct the jury on the burden of proof for justifiable use of force and who carries that burden, …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Settlements, False Arrest
$1 Million Paid by NYC to Settle False Arrest Claim by Oliver Wiggins doesn’t drink. But that didn’t stop the NYPD cop who ran a stop sign and rammed Wiggins’ car from arresting him for driving while impaired. After NYPD Officer Justin Joseph plowed into Wiggins on April 19, 2015, …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Attorneys, Appeals, Sentencing
Pennsylvania Supreme Court Announces New Rule to Allow IAC Claims for Fine-Only Sentences by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania announced a new rule allowing post-sentencing motions raising ineffective assistance of counsel (“IAC”) claims where only a fine but no prison or probationary time is imposed. …
Article • July 20, 2018 • from CLN August, 2018
Delaware Supreme Court Reverses Criminally Negligent Homicide Because Conduct was ‘Too Remote’ from Cause of Death by Dale Chappell by Dale Chappell Conduct that was “too remote” from the cause of death could not support criminally negligent homicide, the Delaware Supreme Court held, reversing a juvenile’s adjudication. Tracy Cannon and …
Article • July 20, 2018 • from CLN August, 2018
Filed under: Jury Instructions, Juries
Louisiana Supreme Court: Jury May Not Speculate on Guilt When Evidence Is Lacking by Dale Chappell by Dale Chappell Where the evidence was lacking and the jury could only speculate as to the defendant’s guilt, the Supreme Court of Louisiana reversed the defendant’s conviction and entered a judgment of acquittal, …
Article • July 20, 2018 • from CLN August, 2018
Non-Unanimous Jury Verdicts Give Prosecutors ‘Awesome Power’ and Have Racist Roots by Dale Chappell by Dale Chappell Only Louisiana and Oregon allow non-unanimous jury verdicts to convict. In both states, the law allows just 10 of the 12 jurors to agree a person is guilty. While such laws give prosecutors …
Publication • June 27, 2018
Sign-on letter in support of the Private Prison Information Act 2017 June 27, 2018 Re: Endorsement of the Private Prisons Information Act of 2017 Dear Senator: The undersigned organizations committed to government openness and accountability, civil liberties, human rights, and civil rights, write to urge you to support legislation to …
Article • June 26, 2018
Georgia Prisoner Loses Mandamus Appeal Seeking Trial Records by Edward Lyon by Ed Lyon Georgia prisoner James Brock was convicted of several crimes in 2011, two of which were murder. He could have faced a death penalty. Available information did not state his actual sentence(s). Brock filed a mandamus petition …
Article • June 18, 2018 • from CLN July, 2018
Idaho Supreme Court Orders Acquittal for Insufficient Identification of Drug by Matthew Clarke by Matt Clarke On March 2, 2018, the Supreme Court of Idaho vacated a prisoner’s conviction and sentence for possession of a controlled substance and ordered an acquittal because the substance she possessed had not been adequately …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Defenses
Wyoming Supreme Court Adopts ‘Castle Doctrine’ for Cohabitants by Dale Chappell by Dale Chappell In a case of first impression before the Supreme Court of Wyoming, the Court held that a cohabitant who attacks another cohabitant in their shared home may raise the “castle doctrine” in a self-defense argument, defending …
Article • June 18, 2018 • from CLN July, 2018
Ninth Circuit Reverses Conviction for Transporting an Illegal Alien Due to Improper Jury Instruction by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit reversed a defendant’s conviction for transporting an illegal alien for financial gain because the district court improperly instructed the jury …
Article • June 18, 2018
Filed under: Crime Labs, junk science
Junk Science Puts Innocent People in Prison and Keeps Them There by Matthew Clarke by Matt Clarke It has been years since the National Academy of Sciences and the President’s Council of Advisors on Science and Technology published studies casting serious doubt on courtroom claims of practitioners of “pattern matching” …
Article • June 18, 2018
The Dominant Witness Theory: How Eyewitness Identification Becomes Flawed by Brian Leslie by Brian Leslie Eyewitness interviews are a vital part of any criminal investigation. How police approach, question, and vet witnesses can be a critical factor in why they target a specific suspect. The truth is many police agencies, …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Appeals, Limitations
Florida Supreme Court Announces SOL Defense Must be Raised at Trial to Preserve Issue for Direct Appeal by Richard Resch by Richard Resch In an April 12, 2018 opinion, the Supreme Court of Florida announced that a statute of limitations (“SOL”) defense must be raised in the trial court in …
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