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Article • September 20, 2018 • from CLN October, 2018
New Jersey Supreme Court Holds 2014 Amendment to Megan’s Law Violates Ex Post Facto Clause by Dale Chappell by Dale Chappell The Supreme Court of New Jersey held that a 2014 amendment to the Violent Predator Incapacitation Act (“VPIA”), part of Megan’s Law, which applied to defendants who had violated …
Article • September 20, 2018 • from CLN October, 2018
California Court of Appeal Holds Box Cutter Not ‘Inherently’ Deadly Weapon by Dale Chappell by Dale Chappell A box cutter is a type of knife “designed to cut things and not people,” and was therefore not “inherently” a deadly weapon as a matter of law, the Court of Appeal of …
Article • September 20, 2018 • from CLN October, 2018
Filed under: Appeals
Kentucky Supreme Court Overrules Flawed Brindley Opinion and Announces Commonwealth Cannot Appeal Judgment of Acquittal by Dale Chappell by Dale Chappell The Supreme Court of Kentucky held that the Commonwealth cannot appeal from a judgment of acquittal in a criminal case after a jury’s guilty verdict, interpreting the Kentucky Constitution …
Article • September 20, 2018 • from CLN October, 2018
Eight Death Row Prisoners Opt for Untested Nitrogen Gas Over Inhumane Lethal Injection by Betty Nelander by Betty Nelander A decision by Alabama lawmakers means that death row prisoners in the state could face execution by nitrogen hypoxia instead of barbaric lethal injection. The decision renders moot a lawsuit by …
Article • September 20, 2018 • from CLN October, 2018
Prosecutors Use Their Power to Help Reform Criminal Justice by Prosecutors are using their power to reach beyond the courtroom to reform the country’s prison crisis and usually much more effectively and efficiently than lawmakers could do. Last fall, Philadelphia District Attorney Larry Krasner began working to reverse prosecutorial practices …
Article • September 20, 2018 • from CLN October, 2018
Filed under: Wrongful Conviction
Iowa Supreme Court Announces Actual Innocence Claim Is Freestanding Claim That Can Be Made Even After Guilty Plea by Dale Chappell by Dale Chappell The Supreme Court of Iowa adopted and announced a new rule that characterizes claims of actual innocence as freestanding claims under Iowa’s postconviction-relief statute, regardless of …
Article • September 20, 2018 • from CLN October, 2018
NY Court of Appeals Holds Trial Court’s Failure to Advise Defense of Jury Note Contents Constitutes Reversible Error by Dale Chappell by Dale Chappell The Court of Appeals of New York held that a trial court’s failure to make the defendant aware of the content of notes by the jury …
Article • September 20, 2018 • from CLN October, 2018
Insurance, Courts Protect Cops from Liability by Dale Chappell by Dale Chappell Lots of lawsuits get filed against law enforcement, but very few result in a payout. Police have an ever-growing shield called “qualified immunity” and decades of court decisions to hide behind. And even when there is a payout, …
Article • September 20, 2018 • from CLN October, 2018
The Broad Reach of Carpenter v. United States by Paul Ohm "The Broad Reach of Carpenter v. United States" by Paul Ohm was originally published June 27, 2018, on Just Security Carpenter v. United States is an inflection point in the history of the Fourth Amendment. From now on, we’ll be …
Article • September 20, 2018 • from CLN October, 2018
Plainclothes Officers, 6 percent of NYC Police Force, Involved in 31 percent of Fatal Police Shootings by Matthew Clarke by Matt Clarke Recently published information shows that plainclothes officers, who make up about 6 percent of the New York Police Department (“NYPD”), are involved in 31 percent of New York …
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 …
Publication • September 19, 2018
Fake Facebook Accounts, Memphis Police Department, 2018
Article • September 18, 2018 • from CLN October, 2018
Filed under: News in Brief
News in Brief by Alabama: The ruthless jailing of poor people who can’t pay minor fines has not gone unnoticed. The Lawyers’ Committee for Civil Rights Under Law filed on Aug. 9, 2018, “a class-action suit representing six named clients and others against Arkansas state District Judge Mark Derrick, accusing …
Article • September 18, 2018 • from CLN October, 2018
From Abuse of the Body to Abuse of the Mind: Police Use Psychologically Coercive Interrogation Techniques to Produce False Confessions by Christopher Zoukis by Christopher Zoukis In mid-1997, Michelle Moore-Bosko was raped and stabbed to death in her Norfolk, Virginia, apartment. Based on a tip from a friend of the …
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 …
Publication • September 18, 2018
Filed under: Education
Pennsylvania Dept. of Corrections, GTL E-book Availability List for Prisoners, 2018 Title Let me know whFrom Pieces to Weight Con Men The Imitation of Christ I Had a Hammer Derelict Knee-Deep in the Dead Hell on Earth Endgame Infernal Sky The Story of My Misfortunes Flatland Die a Little The …
Publication • September 18, 2018
HRDC Fact Sheet on Florida Amendment 4, Voting Rights Human Rights Defense Center DEDICATED TO PROTECTING HUMAN RIGHTS FLORIDA AMENDMENT 4 – HRDC FACT SHEET Not all ex-felons support Amendment 4! This November, Florida citizens will be voting on a very important ballot initiative that will impact nearly 1.5 million …
Publication • September 18, 2018
Correctional Officer Health and Safety, California State Auditor, 2018 September 2018 Correctional Officer Health and Safety Some State and County Correctional Facilities Could Better Protect Their Officers From the Health Risks of Certain Inmate Attacks Report 2018‑106 COMMITMENT INTEGRITY LEADERSHIP CALIFORNIA STATE AUDITOR 621 Capitol Mall, Suite 1200 | Sacramento …
Filing • September 14, 2018
Filed under: PLN Litigation, Censorship
Prison Legal News v. Secretary, Florida Dept. of Corrections Petition for Writ of Certiorari No. ______ In the Supreme Court of the United States ________________ PRISON LEGAL NEWS, v. Petitioner, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, ________________ Respondent. On Petition for Writ of Certiorari to the United States Court of Appeals …
Filing • September 14, 2018
Filed under: PLN Litigation, Censorship
Prison Legal News v. Secretary, Florida Dept. of Corrections Petition for Writ of Certiorari Appendix APPENDIX TABLE OF APPENDICES Appendix A Opinion, United States Court of Appeals for the Eleventh Circuit, Prison Legal News v. Secretary, Fla. Dep’t. of Corrections, No. 15-14220 (May 17, 2018) .. App-1 Appendix B Amended …
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