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Publication • October 1, 2018
GEO Group shareholder resolution, Geo Group, 2018 RESOLUTION RESOLVED: That the stockholders of the Company (GEO Group) request that the Board of Directors adopt the following policy, to be implemented no later than December 31, 2019: 1. GEO Group shall adopt a policy of not accepting immigrant detainee children (persons …
National Center for Transgender Equality - LGBTQ People Behind Bars - A Guide to Understanding the Issues Facing Transgender Prisoners and Their Legal Rights, 2018 LGBTQ PEOPLE BEHIND BARS A GUIDE TO UNDERSTANDING THE ISSUES FACING TRANSGENDER PRISONERS AND THEIR LEGAL RIGHTS National Center for TRANSGENDER EQUALITY This is a …
Publication • October 1, 2018
CoreCivic Vt 2018 Standard-contract-for-services-37036 STA TE OF VERMONT Contract# 37036 Page 1 of63 STANDARD CONTRACT FOR SERVICES I. Parties. This is a contract for services between the State of Vermont, Department of Corrections (hereinafter called "State"), and CoreCivic, with a principal place of business in Nashville, TN, (hereinafter called "Contractor"). …
Brief • September 28, 2018
Warner v. County of Los Angeles, CA, Settlement Agreement, Excessive Force by Guard, 2018 SETTLEMENT AND RELEASE AGREEMENT .hJ/w Clyde Jl'arner v. County of Los A11geles, et al. United States District Court Case No. 2:18-CV-00388 OD\V This SETTLEMENT AND RELEASE AGREDdENT (hereinafter ·'AGREEMENT.. ) is made by and between Plaintiff, …
Washington Supreme Court Strikes Down Pornography Prohibition as Unconstitutionally Vague by Christopher Zoukis by Christopher Zoukis The Supreme Court of Washington held a community custody condition preventing a probationer from possessing or accessing pornography unconstitutionally vague under the First Amendment because the prohibition also extended to works of art, books, …
Article • September 24, 2018 • from CLN October, 2018
Sixth Circuit Rules Relying on Search Warrant Based on ‘Bare Bones’ Affidavit Objectively Unreasonable, Grants Motion to Suppress by David Reutter by David Reutter The U.S. Court of Appeals for the Sixth Circuit held a search warrant failed to establish a fair probability that drugs would be found at the …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Victims
Victims’ Rights Laws a Threat to Due Process by “Marsy’s Law,” an effort to afford victims equal rights as those accused, might seem like a good idea at first blush, but a deeper look shows it is poorly drafted and actually threatens existing constitutional safeguards. Victims’ rights and defendants’ rights …
Article • September 24, 2018 • from CLN October, 2018
Federal Court Suppresses Evidence Where Consent to Search Vehicle Obtained Via Google Translate by Christopher Zoukis by Christopher Zoukis A federal judge in the United States District Court for the District of Kansas threw out evidence found during a warrantless search of a vehicle when “consent” was obtained from a …
Article • September 24, 2018 • from CLN October, 2018
Private DNA Lab Under Fire for Faulty Analysis by Christopher Zoukis by Christopher Zoukis National Medical Services, Inc. (“NMS”), a Pennsylvania-based forensics and medical lab, was cited in a recent report by the Texas Forensic Science Commission (“TFSC”) for improperly overamplifying DNA during work for a defense attorney. The “overblown” …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Immigration
ICE Utilizes Military-Style Shock Tactics to Round up Immigrants by The U.S. Immigration and Customs Enforcement’s (“ICE”) military-style raid, where 100 armed agents stormed a store in Ohio to round up suspected illegal immigrants, brought the war on immigrants to a new level, immigrant rights activists charge. While large-scale immigration …
Article • September 24, 2018 • from CLN October, 2018
Louisiana Supreme Court Holds Counsel’s Failure to Challenge ‘Stark Contrasts’ in Witness ID and Defendant’s Appearance Constituted IAC by Dale Chappell by Dale Chappell Counsel’s failure to challenge the “stark contrasts” between witness descriptions of a suspect and the defendant clearly affected the jury’s conclusion, the Supreme Court of Louisiana …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Sentencing
Sixth Circuit: Procedural Error and Plain Error for Judge to ‘Surprise’ Defendant and Impose an Upward Variance by This drug sentencing case is noted for its holding that a sentence imposed by the district court (Judge John Adams of the N.D.Ohio) was procedurally unreasonable because the sentence had been doubled …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Criminal Procedure
Hawaii Supreme Court Vacates Conviction Because Defendant’s Waiver of Right to Testify Deficient Under State’s Tachibana Colloquy Requirement by David Reutter by David Reutter The Supreme Court of Hawaii reversed a DUI conviction because the trial court failed to determine whether the defendant’s “waiver of the right to testify, was …
Article • September 24, 2018 • from CLN October, 2018
New Jersey Supreme Court Holds Inventory Search May Not Serve as Ruse for Investigatory Search by Dale Chappell by Dale Chappell The Supreme Court of New Jersey held that police may not use an inventory search as a “ruse” to conduct a broader search to support an arrest, finding that …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Forfeiture
Federal Judge Effectively Ends Albuquerque’s Civil Asset Forfeiture Program as Too Focused on Revenue and Not on Due Process by Derek Gilna by Derek Gilna A federal judge in a July 28, 2018, ruling has effectively ended Albuquerque, New Mexico’s civil asset forfeiture program, finding that, “there is a ‘realistic …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Statistics/Trends
Your Papers, May I See Your Papers? by Christopher Zoukis by Christopher Zoukis The United States is one of the only nations left in the world that does not have a national ID card. It also is one of the last remaining places where an individual does not have to …
Article • September 24, 2018 • from CLN October, 2018
1st Circuit: No Protective Sweep Where Identified Suspects Already in Custody at Time of Warrantless Search by David Reutter by David Reutter The United States Court of Appeals for the First Circuit reversed the armed bank-robbery conviction of Virgilio Diaz-Jimenez (“Diaz”), holding the warrantless search of Diaz’s home did not …
Article • September 24, 2018 • from CLN October, 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 • September 24, 2018 • from CLN October, 2018
Filed under: Forfeiture
Civil Forfeiture Often Focuses on Profit Instead of Public Safety by When Lewis Cain was roused from sleep by police officers in his home demanding the keys to his BMW, he objected. Still, cops drove away in his car. “I have the highest respect for law enforcement, but the Fourth …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Statistics/Trends
Louisiana Sheriffs’ Association Backpedals on Its Pre-Trial Detainee Figures by Derek Gilna by Derek Gilna The Louisiana Sheriffs’ Association was forced to backtrack from an April 19, 2018, statement that Louisiana jails hold about 1,300 individuals in jail over four years without standing trial and 70 for more than five …
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