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Brief • August 24, 2018
Pember v. Baird, AZ, Settlement, Excessive Force & Denial of Medical Care, 2018 Page 1 of5 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Jay Pember, ADC Inmate No. ("Plaintiff' or "Releasor"), hereby enters into this Settlement Agreement and Release of all Claims ("Settlement Agreement") with the State of Arizona and …
Publication • August 23, 2018
PLN media pack 2018 Pris 12 4 No. 8 VOL. 2 75-767 ISSN 10 FCC O PrNiseownsLe g l a l a N g ews e L n o VOL. 24 ISSN 10 No. 11 75-767 8 013 Dedicate ber 2 cem Ddeto Protectin s g Huma t Righ n …
Publication • August 23, 2018
CLN media pack 2018 VOL. 1 Crimina l Legal N ews PUBLI ISSN 2576 No. 8 -9987 (Pr ISSN 2577 -0004 (O int) nline) SHED BY TH E HUM A Dedicate d to Prote N RIG HTS cting Hu DEFEN man Rig SE CE NTE hts Cell-Sit e Techno Simulators: …
Publication • August 23, 2018
PLN media pack 2018 new Pris 12 4 No. 8 VOL. 2 75-767 ISSN 10 FCC O PrNiseownsLe g l a l a N g ews e L n o VOL. 24 ISSN 10 No. 11 75-767 8 013 Dedicate ber 2 cem Ddeto Protectin s g Huma t Righ …
Article • August 20, 2018 • from CLN September, 2018
How Coercive Interrogations Can Lead to a False Confession by Brian Leslie by Brian Leslie To discuss coercive interrogation methods, we must first understand the difference between an interrogation and an interview. The primary difference is that an interview is fact-finding, non-accusatory and usually takes place earlier on in an …
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
Minneapolis Police Used EMS Staff to Drug Certain Suspects, Report Says by Betty Nelander by Betty Nelander A City of Minneapolis investigation has revealed that some people who were suspected of crimes were drugged by medical responders with a powerful anesthetic at the request of local police. The drugging requests …
Article • August 20, 2018 • from CLN September, 2018
U.S. Supreme Court: Drivers of Rental Cars Not on Rental Agreement Have Expectation of Privacy by Dale Chappell by Dale Chappell The U.S. Supreme Court held that a driver of a rental car who is not listed as an authorized driver on the rental agreement still had an expectation of …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Criminal Prosecution
Seventh Circuit: ‘Force’ for Aggravated Sexual Abuse Requires ‘Physical Force,’ Not Psychological Coercion by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit reversed the denial of a prisoner’s § 2255 claim of ineffective assistance of counsel, rendering the prisoner’s conviction on charges of …
Article • August 20, 2018 • from CLN September, 2018
U.S. Supreme Court’s Carpenter Decision a Warning to Police on Warrantless Data Searches by Derek Gilna by Derek Gilna The United States Supreme Court’s 2018 decision in the Carpenter case, which set aside a criminal conviction based upon warrantless extended collection of cellphone location data on Fourth Amendment grounds, came …
Article • August 20, 2018 • from CLN September, 2018
Washington Supreme Court Clarifies Process by Which Insanity Acquittees May Petition for Release by Christopher Zoukis by Christopher Zoukis The Supreme Court of Washington clarified the procedures for an insanity acquittee seeking to obtain conditional release from commitment. The March 8, 2018, opinion held that such detainees may petition the …
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
New Kansas Law Compensates Those Wrongfully Convicted by Dale Chappell by Dale Chappell Kansas has become the thirty-third state to offer compensation to those who were wrongfully convicted. The new law signed by Gov. Jeff Colyer allows exonerees to be paid $65,000 for each year that they wrongfully spent in …
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
Filed under: Guilty Pleas
New Jersey Appellate Division Extends Urbina Self-Defense Rule to Defense of Others in Plea Allocution by David Reutter by David Reutter The Superior Court of New Jersey Appellate Division held that a defendant was entitled to post-conviction relief (“PCR”) based on his claim that his guilty plea was involuntary due …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Double jeopardy
Virginia Supreme Court Holds Convictions for Common Law and Statutory Involuntary Manslaughter Violate Double Jeopardy Clause by Dale Chappell by Dale Chappell The Supreme Court of Appeals for Virginia held that convictions for both common law and statutory involuntary manslaughter for the same offense violated the Double Jeopardy Clause and …
Article • August 20, 2018 • from CLN September, 2018
Cato Institute: Require Cops to Carry Liability Insurance by Christopher Zoukis by Christopher Zoukis Clark Neily, vice president for criminal justice at the Cato Institute, made an unusual proposal in a recent op-ed piece in The New York Daily News: require all police officers to carry not just a gun, …
Article • August 20, 2018 • from CLN September, 2018
SCOTUS Issues Landmark Fourth Amendment and Digital Privacy Opinion in Carpenter by As modern day technology continues to test the limits of many long-held constitutional precepts, the question before the Court in this case was whether the Government conducts a “search” under the Fourth Amendment when it accesses historical cell …
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 …
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