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Article • July 21, 2018 • from CLN August, 2018
Government Eyes Are Watching You: We Are All Prisoners of the Surveillance State by John W. Whitehead by John W. Whitehead, Commentary, The Rutherford Institute “We’re run by the Pentagon, we're run by Madison Avenue, we're run by television, and as long as we accept those things and don't revolt …
Article • July 21, 2018 • from CLN August, 2018
Kansas Supreme Court: Judge’s ‘Thwarting’ of Defendant’s Right to Self-Representation was Structural Error Requiring Reversal of Convictions by Dale Chappell by Dale Chappell A defendant who “unequivocally” invoked his right to self-representation at trial and was denied that right when the judge ignored his requests got a new trial when …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Criminal Prosecution
New Jersey Supreme Court: Substantive Error to Amend Indictment to Change Degree of Felony on Eve of Trial by Matthew Clarke by Matt Clarke On April 25, 2018, the Supreme Court of New Jersey held that a trial court erred when, on the eve of trial, it permitted the State …
Article • July 21, 2018 • from CLN August, 2018
Seattle to Toss Old Pot Convictions by Seattle’s mayor and city attorney announced plans in February 2018 to request court dismissal of all misdemeanor marijuana possession convictions obtained in city courts before the drug’s legalization in 2012. When the convictions are vacated or dismissed, they will disappear from the records …
Article • July 21, 2018 • from CLN August, 2018
Missouri Supreme Court Clarifies No Resisting Arrest Charge Once Arrest is Completed by Dale Chappell by Dale Chappell A defendant trying to break free of an officer’s grip while already under arrest and in handcuffs was not “resisting arrest” because the defendant was not trying to prevent his arrest, the …
Fifth Circuit Grants § 2255 Petition Challenging Failure to Register Conviction for Ineffective Assistance of Counsel by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Fifth Circuit reversed a district court’s denial of a former prisoner’s 28 U.S.C. § 2255 petition, in which he claimed …
Article • July 21, 2018 • from CLN August, 2018
FBI Data Reveal ‘War on Cops’ is Nonexistent by Dale Chappell by Dale Chappell Where is the “war on cops” claimed by the country’s leaders? According to the Federal Bureau of Investigation’s annual report on law enforcement officers killed in the line of duty across the country, 93 cops died …
Article • July 21, 2018 • from CLN August, 2018
South Carolina Supreme Court Clarifies When Court Can Deny Right to Self-Representation; Orders New Trial by Dale Chappell by Dale Chappell “One who is his own lawyer has a fool for a client,” U.S. Supreme Court Justice Blackmun once opined. Nevertheless, a circuit judge may deny a defendant’s request to …
Article • July 21, 2018 • from CLN August, 2018
Pennsylvania Supreme Court Vacates Intellectually Disabled Prisoner’s Death Sentence by Christopher Zoukis by Christopher Zoukis The Supreme Court of Pennsylvania vacated a convicted murderer’s death sentence after concluding that the prisoner suffered from an intellectual disability, rendering him ineligible for the death penalty. The February 5, 2018, order replaced the …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Attorneys, Appeals, Sentencing
Pennsylvania Supreme Court Announces New Rule to Allow IAC Claims for Fine-Only Sentences by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania announced a new rule allowing post-sentencing motions raising ineffective assistance of counsel (“IAC”) claims where only a fine but no prison or probationary time is imposed. …
Article • July 20, 2018 • from CLN August, 2018
Filed under: Habeas Corpus, Bail
Ninth Circuit: Younger Abstention Not Appropriate in Habeas Case Challenging Lack of Constitutionally Sufficient Bail Hearing by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit ruled on February 9, 2018, that Younger v. Harris, 401 U.S. 37 (1971) does not require a U.S. …
Article • July 20, 2018 • from CLN August, 2018
Delaware Supreme Court Reverses Criminally Negligent Homicide Because Conduct was ‘Too Remote’ from Cause of Death by Dale Chappell by Dale Chappell Conduct that was “too remote” from the cause of death could not support criminally negligent homicide, the Delaware Supreme Court held, reversing a juvenile’s adjudication. Tracy Cannon and …
Article • July 20, 2018 • from CLN August, 2018
Is FBI Using Classified Tools for Everyday Investigations? by Christopher Zoukis by Christopher Zoukis The website Techdirt.com reported on a Department of Justice Inspector General’s report looking into how the FBI uses classified tools meant for national security investigations in run-of-the-mill cases. It seems that government-developed software hacks, malware, and …
Article • July 20, 2018 • from CLN August, 2018
Legally Thrown in Jail for Wanting to File a Complaint Against Police by In a land where a person can be thrown in jail for wanting to file a complaint against the cops, that is called a “police state.” Here in the United States, the Constitution protects those who want …
Article • July 20, 2018 • from CLN August, 2018
Filed under: War on Drugs, Bail
District Court Grants Bail in a Drug Case Over Government’s Typical Assertion That ‘No Condition or Combination of Conditions Would Reasonably Assure the Defendant’s Presence at Trial’ by Proving that it can be done, Judge Coleen Kollar-Kotelly declined the Government’s request for an emergency stay in this case and, despite …
Article • July 20, 2018 • from CLN August, 2018
Powerful District Attorney Lobbies Improperly Influence Law Making by Matthew Clarke by Matt Clarke Around the nation, powerful lobbying groups composed of associations of prosecutors are influencing state legislatures to reject certain laws, regardless of how popular the proposed laws are with the electorate. In his January 2018 State of …
Article • July 20, 2018 • from CLN August, 2018
Filed under: Police
NYPD Hands Out Business Cards So Suspects Can Rate Their Encounter with Cops by “How’m I doing?” The old saying of former New York Mayor Ed Koch just became the motto of the New York Police Department (“NYPD”). Now getting questioned by an NYPD officer includes a business card directing …
Article • July 20, 2018 • from CLN August, 2018
State Attorney in Vermont Won’t Prosecute Misdemeanor Opioid Treatment Drug Cases by Betty Nelander by Betty Nelander One Vermont county is using the muscle of the law to help curb the deadly opioid epidemic. Chittenden County State’s Attorney Sarah George announced that her office will no longer prosecute “any citations …
Article • July 20, 2018 • from CLN August, 2018
Filed under: News in Brief
News in Brief by Australia: A Facebook post by the New South Wales Police warned concert-goers headed for the Above & Beyond music festival June 9, 2018, in Sydney that they would be met at the venue gates by drug-sniffing dogs on patrol. The post, by South West Metropolitan Region …
Article • July 20, 2018 • from CLN August, 2018
Ninth Circuit Rules Weekends in Jail Count as Time ‘In Prison’ by Dale Chappell by Dale Chappell Weekends in jail count as time “in prison,” the U.S. Court of Appeals for the Ninth Circuit held, granting immediate release for a prisoner serving a supervised release revocation term in prison. When …
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