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Kickback publication • July 24, 2018
Filed under: Telephones
NH DOC GTL Contract Kickback Terms
Kickback publication • July 24, 2018
Filed under: Telephones, Telephone Rates
NH DOC GTL Rates
Brief • July 23, 2018
Filed under: Centurion, Malpractice
Pierce v. Corizon Health, Inc., et al., NM, Amended Complaint, Medical Malpractice, 2018 3RD JUDICIAL DISTRICT COURT DONA ANA COUNTY NM FILED IN MY OFFICE 7/23/2018 1 :00 PM DAVIDS. BORUNDA Victor Eres Centurion 000119 THIRD JUDICIAL DISTRICT COUNTY OF DONA ANA STATE OF NEW MEXICO CHRISTOPHER PIERCE, Plaintiff, v. …
Article • July 21, 2018 • from CLN August, 2018
Courts Have Made Social Media a Landmine for Defendants. Could It Change Soon? by Steve Horn by Steve Horn Social media, broadly defined as encompassing popular websites, and smartphone applications such as Facebook, Twitter, Instagram and others, has been pointed to by many as a potentially revolutionary avenue through which …
Article • July 21, 2018 • from CLN August, 2018
$600,000 Awarded Missouri Man in Legal Malpractice Verdict After 17 Years in Prison by In May 2018, jurors in a Newton County Circuit courtroom awarded $600,000 to a man who spent 17 years in a Missouri prison before his conviction was overturned by that state’s supreme court. Dwight D. Laughlin …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Civil Procedure, Forfeiture
Denver Under Fire For Law That Critics Describe as Legalized ‘Car Stealing’ by Derek Gilna by Derek Gilna Civil forfeiture, under fire at the state and federal levels the past two years, has faced the spotlight in the city of Denver, Colorado, where a particularly burdensome civil ordinance has resulted …
Article • July 21, 2018 • from CLN August, 2018
Pennsylvania Supreme Court Announces Search Warrant Required for Nonconsensual Entry into Any Residence to Carry Out Arrest Warrant by Richard Resch by Richard Resch The Supreme Court of Pennsylvania adopted a new rule governing nonconsensual entry into a residence to effectuate an arrest warrant. The Court rejected the constitutional framework …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Appeals, Juries
Mississippi Supreme Court Clarifies that Appellate Courts Never Serve as ‘13th Juror’ for Motion for New Trial by David Reutter by David Reutter The Supreme Court of Mississippi held that neither it nor an appellate court sits as a “thirteenth juror” when reviewing a motion for new trial. The Court …
Article • July 21, 2018 • from CLN August, 2018
New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release by Dale Chappell by Dale Chappell A court must not automatically consider any single factor to be dispositive when deciding whether to deny or grant pretrial release, but must consider several factors on the …
Article • July 21, 2018 • from CLN August, 2018
#Policetoo: 35 States Allow ‘Consensual’ Sex Between Police and Detainees by Christopher Zoukis by Christopher Zoukis On September 15, 2017, 18-year-old Anna Chambers was taken into custody by two NYPD detectives on suspicion of smoking marijuana. According to Chambers, the detectives handcuffed her, led her into the back of an …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Sentencing, Habeas Corpus
Texas Court of Criminal Appeals Announces ‘Finality’ Under Sentence Enhancement Provision for Out-of-State Convictions Governed by Texas Law by Dale Chappell by Dale Chappell “Finality” of an out-of-state conviction to support an enhanced sentence depends on whether Texas State law would consider that prior conviction “final,” not on the particular …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Staff Training, Police
Durham, North Carolina, Opts Out of Military-Style Training for Police by Christopher Zoukis by Christopher Zoukis The Durham, North Carolina City Council faced an unusual debate at a recent meeting. Activist groups urged the council to prohibit city police officers from participating in police training exchanges with Israel. According to …
Article • July 21, 2018 • from CLN August, 2018
Seventh Circuit Affirms Suppression of Evidence Because Traffic Stop Unreasonably Prolonged by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit affirmed a district court’s ruling that evidence obtained from an unlawfully extended traffic stop must be suppressed. The March 7, 2018, decision upheld …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Jury Instructions
Montana Supreme Court Holds Failure to Instruct Jury on State’s Burden of Proof is Plain Error by Dale Chappell by Dale Chappell It is plain error when a trial court fails to instruct the jury on the burden of proof for justifiable use of force and who carries that burden, …
Article • July 21, 2018 • from CLN August, 2018
Utah Supreme Court: Procedural Due Process Violated Where Failure to Participate in Sex Offender Treatment Program Used to Deny Parole to Prisoner Not Convicted of Sex Offense by David Reutter by David Reutter The Supreme Court of Utah held that the Board of Pardons and Parole (“Parole Board”) violated a …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Immigration
Eleventh Circuit Holds Florida Drug Trafficking Statute Indivisible and Overbroad for Removal Under Immigration and Nationality Act by Dale Chappell by Dale Chappell In a major decision that may affect thousands with a prior Florida drug trafficking conviction, the U.S. Court of Appeals for the Eleventh Circuit held that Florida’s …
Article • July 21, 2018 • from CLN August, 2018
Biased Facial Recognition Systems Are Coming to a Law Enforcement Agency Near You by Christopher Zoukis by Christopher Zoukis A new report from the Electronic Frontier Foundation (“EFF”) has revealed some disturbing facts about facial recognition systems, which are becoming very popular law enforcement investigative tools. According to the February …
Article • July 21, 2018 • from CLN August, 2018
Washington Supreme Court: Nexus Between Property Searched and Probation Violation Required for Warrantless Search of Probationer’s Property by Dale Chappell by Dale Chappell Probationers have a limited, but constitutionally protected, privacy interest that does not permit community correction officers (“CCO”) to conduct open-ended property searches. Instead, the warrantless search must …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Police Searches
Missouri High Court Holds Checkbox-Style Search Warrant Constitutes an Unconstitutional General Warrant by Dale Chappell by Dale Chappell A search warrant with checkboxes generally describing the purpose of the warrant lacked particularity and probable cause and was an unconstitutional “general search warrant,” the Supreme Court of Missouri held. The Court …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Settlements, False Arrest
$1 Million Paid by NYC to Settle False Arrest Claim by Oliver Wiggins doesn’t drink. But that didn’t stop the NYPD cop who ran a stop sign and rammed Wiggins’ car from arresting him for driving while impaired. After NYPD Officer Justin Joseph plowed into Wiggins on April 19, 2015, …
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