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Article • September 19, 2018
Warning: Integrity of judicial process at risk by Sandy Rozek by Sandy Rozek, NARSOL Testimony from individuals at a sentencing hearing has one primary purpose: to give the court additional information on which to base a sentencing decision. Victim impact statements focus on the harm done, while statements on behalf …
Miller v. Maddox, TN, Resolution to Settle, Police Misconduct and False Statements, 2018 Resolution No. RS2018-1394 A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Andrea Miller against Woodston Maddox in the amount of $50,000.00, and reasonable attorney’s fees, not to exceed $80,000.00, and …
Brief • August 28, 2018
Human Rights Defense Center v. The GEO Group, Inc. Texas Public Records, 2018 FILED 8/28/2018 11:39 AM Donna Kay McKinney Bexar County District Clerk Accepted By: Victoria Angeles Cause No. HUMAN RIGHTS DEFENSE CENTER, Plaintiff, 2018CI16343 § § § § § § § § v. THE GEO GROUP, INC., Defendant. …
Article • August 20, 2018 • from CLN September, 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 • August 20, 2018 • from CLN September, 2018
Filed under: Limitations, Habeas Corpus
Fifth Circuit Affirms Habeas Relief Granted to Louisiana Prisoner Who Overcame SOL by ‘Credible Showing of Actual Innocence’ by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Fifth Circuit upheld a federal district court’s ruling that a Louisiana man who has served over 35 years …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Juries, Death Penalty
SCOTUS’ Unanimous Death-Penalty Jury Verdict Decision Affecting Florida Cases by Derek Gilna by Derek Gilna The effects of the January 2016 United States Supreme Court decision in Hurst v. Florida, 136 S. Ct. 6161 (2016), which overturned Florida’s prior law permitting non-unanimous jury verdicts in death penalty cases, continues to …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Defenses, Juries
Georgia Defense Attorney Wins Another ‘Jury-Nullification’ Case by Derek Gilna by Derek Gilna Catherine Bernard, a former public defender in Laurens County, Georgia, who now practices criminal defense, won yet another “not-guilty” jury verdict in a marijuana possession trial on July 12, 2018, by utilizing a modified “jury nullification” approach. …
Article • August 20, 2018 • from CLN September, 2018
Eighth Circuit Rules Officer’s Inability to Read Temporary Vehicle Tag Does Not Justify Traffic Stop, Evidence Obtained Must be Suppressed by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that evidence obtained during a traffic stop that was …
Article • August 20, 2018 • from CLN September, 2018
First Circuit Holds Appeal Not Barred by Plea Agreement Waiver Provision When Sentence Exceeds Agreement by David Reutter by David Reutter The United States Court of Appeals for the First Circuit held a plea agreement’s appellate waiver provision did not bar an appeal where the district court imposed a home …
Article • August 17, 2018 • from CLN September, 2018
Third Circuit Grants Habeas Relief to Prisoner Convicted of First-Degree Murder Without Evidence of Specific Intent to Kill by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Third Circuit granted a Pennsylvania state prisoner conditional habeas corpus relief because the jury instructions used to convict …
Article • August 17, 2018 • from CLN September, 2018
NYPD’s Lack of Disciplinary Record Transparency Frustrates Prosecutors by Betty Nelander by Betty Nelander Disciplinary records of New York Police Department officers who arrest people have been closely shielded. Even the district attorneys, who sometimes must decide whether to charge arrestees with crimes based on an officer’s word, have often …
Article • August 17, 2018 • from CLN September, 2018
Filed under: Juries
Trial Lawyer Advocates ‘Jury Nullification’ To Acquit the Unjustly Accused by Derek Gilna by Derek Gilna Mark Bennett, a 22-year criminal trial lawyer, argues that responsible citizens have a duty to serve on a criminal jury as a reasoned observer of the trial process — and not as a pawn …
Article • August 17, 2018 • from CLN September, 2018
Academic Paper Highlights Need to Tighten Rules for Fingerprint Evidence in Light of False-Positive Error Rate by Steve Horn by Steve Horn A new study published in the UCLA Law Review reveals a potential for rule tightening on the use of fingerprint evidence in the U.S. judiciary. “The Reliable Application …
Article • August 17, 2018 • from CLN September, 2018
Filed under: Guilty Pleas, Judiciary, Trials
South Dakota Supreme Court Rules that Trial Court Cannot Reject a Plea Agreement It Already Implicitly Accepted by Christopher Zoukis by Christopher Zoukis The Supreme Court of the State of South Dakota reversed a trial court’s decision to reject a binding plea agreement because it had already implicitly accepted the …
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 …
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