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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 …
New York City Decriminalizes Some Public Smoking of Marijuana in Policy Shift by Derek Gilna by Derek Gilna New York City Mayor Bill de Blasio announced that as of September 1, 2018, the New York Police Department will no longer arrest individuals for the public smoking of marijuana in some …
Article • August 20, 2018 • from CLN September, 2018
Can Cops Shoot a Fleeing Suspect in the Back? by Dale Chappell by Dale Chappell Decades ago, it was acceptable, even laudable, for a cop to shoot an unarmed fleeing suspect in the back. That opinion, however, has changed over the years, but rarely does such an incident result in …
Article • August 20, 2018 • from CLN September, 2018
Texas Courts Rubber Stamp Post-Conviction Fact Findings in Death Penalty Cases, Study Says by Matthew Clarke by Matt Clarke A study by researchers from the University of Texas School of Law Capital Punishment Center published in the Houston Law Review found that in 96 percent of post-conviction proceedings in cases …
Article • August 20, 2018 • from CLN September, 2018
New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms by Christopher Zoukis by Christopher Zoukis Newly appointed New Jersey Attorney General Gurbir Grewal has directed his prosecutors to take over an investigation into the 1993 murder conviction of two men who might be innocent. He also formed a …
Brief • August 20, 2018
D.K. V. Teams, NY, Order to Show Cause, Physical Abuse-Disabled, 2018 Case 1:16-cv-03246-PAE Document 308 Filed 08/20/18 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK D.K., by her Guardian L.K.; Z.O., by her Guardian B.M.; and B.R., by her Guardian C.R., Plaintiffs, No. 16 Civ. …
Brief • August 20, 2018
D.K. V. Teams, NY, Memorandum of Law, Physical Abuse-Disabled, 2018 Case 1:16-cv-03246-PAE Document 310 Filed 08/20/18 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK D.K., by her Guardian L.K.; Z.O., by her Guardian B.M.; and B.R., by her Guardian C.R., Plaintiffs, No. 16 Civ. 03246 …
Article • August 17, 2018 • from CLN September, 2018
Hawaii Supreme Court Vacates Conviction Due to Prosecutor’s Bogus Argument Attacking Defense Counsel by Matthew Clarke by Matt Clarke On May 21, 2018, the Supreme Court of Hawaii held that a prosecutor’s improper closing argument stating that defense counsel tried to get the complaining witness to commit perjury required that …
Article • August 17, 2018 • from CLN September, 2018
Sixth Circuit Reverses Relevant Conduct Firearm Enhancement Because No Connection Between Possession Charges Based on Two Separate Shootouts by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Sixth Circuit reversed a lower court’s ruling that two unrelated instances of gun possession were part of the …
Article • August 17, 2018 • from CLN September, 2018
Kansas Supreme Court: Deadly Weapon-Use Finding Prerequisite to Imposing Violent Offender Registration Requirement by Matthew Clarke by Matt Clarke On April 13, 2018, the Supreme Court of Kansas held that, absent a finding by a trial court that a defendant used a deadly weapon in a person felony, the trial …
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 …
Why Sex Offender Registries Keep Growing Even as Sexual Violence Rates Fall by Steven Yoder Lists that include out-of-state visitors are inflating the numbers and keeping fear at a boil. by Steven Yoder, theappeal.org Quentin (not his real name) was convicted eight years ago of child pornography possession in Florida. …
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
Maryland’s Top Court Rules Actual Notice by Trial Judge Unnecessary to Trigger Hearing Requirement On Defendant’s Request to Replace Defense Counsel by Christopher Zoukis by Christopher Zoukis Maryland’s top court, the Court of Appeals, reversed the conviction of a defendant because the trial court failed to entertain and rule on …
Article • August 17, 2018 • from CLN September, 2018
Immigration Authorities Seize Wrongfully Convicted Man After Release by Matthew Clarke by Matt Clarke March 2018 should have been the happiest month of his life. After over two decades of wrongful imprisonment, the Cook County State’s Attorney agreed to drop murder charges against Illinois state prisoner Ricardo Rodriguez. He should …
Article • August 17, 2018 • from CLN September, 2018
Filed under: Money/Property
Chicago Tries to Reduce Deficit at its Poorer Citizens’ Expense by Edward Lyon by Ed Lyon Chicago may be Frank Sinatra’s kind of town, but not for many of the city’s poorer citizens. They would probably move, if only they did not owe the city so much money and either …
Article • August 17, 2018 • from CLN September, 2018
Kansas (Finally) Outlaws Sex Between Cops and Detained Citizens by A new Kansas law makes it illegal for cops to have sex with people they pull over or detain for investigation. If you are one of the many who naturally thought this was already illegal, you are in good company: …
Article • August 17, 2018 • from CLN September, 2018
California Property Owners Billed for Their Own Prosecution by Christopher Zoukis by Christopher Zoukis An investigation by the Desert Sun has uncovered an unusual phenomena in two California communities: The cities are taking property owners accused of public nuisance infractions to criminal court with the help of private prosecutors. The …
Article • August 17, 2018 • from CLN September, 2018
What Some Prison Sentence Lengths Actually Reflect by Edward Lyon by Ed Lyon When a criminal convictee is sentenced, the number of months or years assessed does not always mean the convictee will remain in prison for that entire time. Nearly all states and most other jurisdictions in the world …
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 …
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