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Article • May 15, 2024 • from CLN May, 2024
De-Identified Is Not Anonymous by Michael Thompson by Michael Dean Thompson Corporations collect all kinds of data about their customers with few rules about what they can do with it. Often, these collections come with assurances that the data will be de-identified before being sold to additional parties such as …
New Data From BOP Reveals Technical Violations Account for Nearly a Third of First Step Act Recidivism by Jo Ellen Nott by Jo Ellen Nott The Council on Criminal Justice (“CCJ”) released a December 2023 update to its original report (August 2023) on the impact of the First Step Act …
FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech by Jo Ellen Nott by Jo Ellen Knott On March 19, 2024, an Egyptian-Muslim woman in Oklahoma filmed an encounter with FBI agents who visited her home to discuss social media posts. The video …
Article • May 15, 2024 • from CLN May, 2024
Criminal Justice Reform Becoming a Corporate Priority by David Reutter by David M. Reutter With the rate of Americans who have a felony conviction steadily increasing as a result of the incarcerative state’s policies, corporate entities are experiencing a change of heart towards those with criminal records. In fact, many …
Article • May 15, 2024 • from CLN May, 2024
First Circuit: Defendant’s Statement ‘I guess I’ll wait until I have a lawyer’ Is Unequivocal Invocation of Right to Counsel by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit held that a defendant’s statement in response to Miranda warnings that “I guess my best …
Article • May 15, 2024 • from CLN May, 2024
Filed under: Statistics/Trends
Robotic Police Dogs Being Adopted Across the Country by Michael Thompson by Michael Dean Thompson In 2016, a lone shooter shot 12 Dallas police officers, killing five. Police eventually cornered the man in a parking garage. He had nowhere to go, but after five hours, the cops were eager to …
Article • May 15, 2024 • from CLN May, 2024
Filed under: Habeas Corpus, AEDPA
Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell by We are writing to inform our readers about a serious error regarding the above-titled Column published in the February 2024 issue of Criminal Legal News. We are retracting the Column in its entirety. We sincerely apologize for …
Article • May 15, 2024 • from CLN May, 2024
Filed under: Habeas Corpus, AEDPA
The Death of the Savings Clause by Dale Chappell by Dale Chappell As most federal prisoners know, the so-called “Savings Clause” under 28 U.S.C. § 2255(e) is now dead in the wake of the ultra-conservative Supreme Court’s questionable decision in Jones v. Hendrix, 143 S. Ct. 1857 (2023). If you’re not …
Googling Your Privacy by Michael Thompson by Michael Dean Thompson Google is the unrivaled search giant, and its Android is the second most widely used cellphone operating system in the U.S. Their additional offer of free software is all designed to leverage what they know about you and increase the …
Article • May 15, 2024 • from CLN May, 2024
New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat by Douglas Ankney by Douglas Ankney The Court of Appeals of New York held that application …
Article • May 15, 2024 • from CLN May, 2024
Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that Maryland’s first-degree assault statute, Md. Code, Art. 27 § 12A -1, is indivisible, and a …
Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months by Sam Rutherford by Sam Rutherford TheSupreme Court of Washington held that the terms “community custody” and “community supervision” are synonymous within the meaning of the second sentence of RCW 9.94A.589(5) for offenses …
Article • May 15, 2024 • from CLN May, 2024
More Facial Recognition Failures by Michael Thompson by Michael Dean Thompson Facial Recognition Technology (“FRT”) misuses continue to pop up in the media. In August of 2023, police went to the home of Porcha Woodruff and arrested her for carjacking in front of her daughters. The kicker in her story …
Article • May 15, 2024 • from CLN May, 2024
New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey unanimously extended the investigative eyewitness identification safeguards of State v. Henderson, 27 A.3d …
Article • May 15, 2024 • from CLN May, 2024
Facial Recognition’s Distorted View by Michael Thompson by Michael Dean Thompson There is a tendency within the human brain to settle on the first solution even when another, better solution is available. Automated facial recognition (“AFR”) systems can exacerbate the problem simply by the fact that they are designed to …
Article • May 15, 2024 • from CLN May, 2024
Filed under: Double jeopardy
SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment by Richard Resch by Richard Resch In a unanimous opinion, the Supreme Court of the United States held that a jury’s verdict of not guilty by reason of insanity is an “acquittal” …
Article • May 15, 2024 • from CLN May, 2024
Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology by Matthew Clarke by Matt Clarke The National Institute of Justice and independent research consultant Dr. John Morgan collaborated “to analyze and describe the impact of forensic science on erroneous convictions that the National Registry …
Article • May 15, 2024 • from CLN May, 2024
Ninth Circuit Announces Adoption of ‘Premises Rule’ for Co-Tenant Consent-to-Search Analysis, Holds Co-Tenant’s Consent Invalid Where Defendant Instructed Co-Tenant Not to Allow Police Entry in Their Presence by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s live-in girlfriend could not …
Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that John Miguel Swan’s guilty plea was not knowing and voluntary because …
Article • May 15, 2024 • from CLN May, 2024
Tech Monopolies Prevent Effective Privacy Laws in the U.S. by Anthony Accurso by Anthony W. Accurso  Cory Doctorow’s latest book, The Internet Con: How to Seize the Means of Computation, discusses the relationship between the failure to regulate tech monopolies in the United States and the meteoric rise of government …
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