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Article • May 6, 2018
D.C. Woman Awarded $250,000 after Assault by Metro Transit Police by Christopher Zoukis by Christopher Zoukis Gloria Halcomb was awarded $250,000 in federal court after she was falsely arrested and subjected to excessive force by the District of Columbia Metro Transit Police. On October 30, 2001, Halcomb entered the Union …
Filing • May 4, 2018
HRDC v. BOP, D.C., Complaint, FOIA Request, 2018 Case 1:18-cv-01064-JEB Document 1 Filed 05/04/18 Page 1 of 9 U N I T E D S TAT E S D I S C T R I C T C O U RT F O R T H E D I S …
Filing • May 3, 2018
HRDC v. GEO Group, VT, Complaint, Public Records, 2018 ~ , ' -' STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION Lt.: . . ;. , · Washington Unit Human Rights Defense Center, a not-for-profit corporation, Plaintiff Case No.: d- 1;}. - S- l <;S LJ\/\W v. GEO Group, Inc., Defendant. …
Article • April 19, 2018 • from CLN May, 2018
Arizona Supreme Court Announces Defendants May Claim Both Self-Defense and Misidentification by Richard Resch by Richard Resch The Supreme Court of Arizona announced that a defendant is entitled to a self-defense jury instruction while simultaneously claiming a misidentification defense (he or she did not, in fact, commit the offense). In …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Sexual Harassment, Defenses
Iowa Supreme Court Announces Indecent Exposure Statute Does Not Apply to Still Images of Genitals by Dale Chappell by Dale Chappell Interpreting the word ‘exposes’ in Iowa’s indecent exposure statute, the Supreme Court of Iowa held on February 2, 2018 that texting an image of one’s genitals to another does …
Article • April 19, 2018 • from CLN May, 2018
$175,000 Settlement Reached in Lawsuit Alleging Officers Literally Tried to Feed Graffiti Suspects to K-9s by Christopher Zoukis by Christopher Zoukis A lawsuit filed over a K-9 cop attack on two street artists who were spray-painting train cars in Broward County, Florida, has settled for $175,000. The men, Humberto Pellegrino …
Article • April 19, 2018 • from CLN May, 2018
California Supreme Court Grants Habeas Petition and Vacates Capital Murder Conviction Due to False Expert Testimony at Trial by Richard Resch by Richard Resch The Supreme Court of California granted a death row prisoner’s petition for writ of habeas corpus based upon the introduction of false evidence at trial and …
Article • April 19, 2018 • from CLN May, 2018
$42 Million Paid Out in Decade of New Jersey Police Criminality, Abuse by Local governments in New Jersey have had to pay out more than $42 million over the last 10 years because of police criminality and abuse, according to a new series of investigative reports by the Asbury Park …
Article • April 19, 2018 • from CLN May, 2018
Eleventh Circuit Holds Court May Not Dismiss 2255 Motion by Invoking Collateral Attack Waiver Sua Sponte by Dale Chappell by Dale Chappell A U.S. district court cannot, “of its own volition,” invoke a collateral attack waiver in a plea agreement to dismiss a § 2255 motion, the U.S. Court of …
Article • April 19, 2018 • from CLN May, 2018
N.C. Supreme Court Rules Deficient Indictment Not Jurisdictional and Issue Can’t be Raised for First Time on Appeal by Dale Chappell by Dale Chappell Deviations from statutory requirements are not jurisdictional and must be “properly preserved” for appellate review and not raised for the first time on appeal, the North …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Guilty Pleas, Appeals
Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides by Brandon Sample by Brandon Sample, Esq. Rodney Class pleaded guilty to illegally possessing a firearm on the U.S. Capitol grounds. Notwithstanding his guilty plea, Class appealed his conviction to the U.S. Court of Appeals for …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Defenses, Jury Instructions
Texas Court of Criminal Appeals Holds Defendant Entitled to Self-Defense Jury Charge if There is Any Evidence to Support It by Matthew Clarke by Matt Clarke On September 27, 2017, the Court of Criminal Appeals of Texas held that a judge must issue a jury charge on self-defense in a …
Article • April 16, 2018
7th Circuit Affirms Dismissal of Illinois Prisoner's Civil Rights Lawsuit by Matthew Clarke
Brief • April 16, 2018
Filed under: Trials, Sixth Amendment
Idaho v. Vasquez, ID, opinion, trial court structural defect error, 2018 IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 45346 STATE OF IDAHO, ) ) ) ) ) ) ) ) ) ) ) Plaintiff-Respondent, v. IDA PEREZ VASQUEZ, Defendant-Appellant. Boise, January 2018 Term 2018 Opinion No. …
Brief • April 10, 2018
All of Us or None-LA v. Logan, CA, Felon Disenfranchisement, Complaint, 2018 1 2 3 4 5 6 7 8 IO 11 12 13. Joshua E. Kim (SBN 257260) Stephanie Lin (SBN 293696) A NEW WAY OF LIFE RE-ENTRY PROJECT 9512 S. Central Ave. Los Angeles, California 90002 Ph: (323) …
Brief • April 4, 2018
State of Hawaii v. Williander, opinion, denial of compulsory process at trial, 2018 *** FOR PUBLICATION IN WEST’S HAWAI#I REPORTS AND PACIFIC REPORTER *** Electronically Filed Supreme Court SCWC-15-0000759 04-APR-2018 08:34 AM IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o--STATE OF HAWAI#I, Respondent/Plaintiff-Appellee, vs. GJ WILLIANDER, Petitioner/Defendant-Appellant. SCWC-15-0000759 …
Indigent Defense in America: An Affront to Justice by Christopher Zoukis by Christopher Zoukis The Sixth Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall have the right ... to have the Assistance of Counsel for his defense.” What exactly the “right” to counsel in …
Not Disclosed: NSA-Obtained Evidence by Derek Gilna by Derek Gilna The Intercept has revealed that Foreign Intelligence Surveillance Act (“FISA”) evidence is frequently being used to convict people in federal court without disclosing to defendants that such evidence is being relied upon, as required by federal law. “The FBI frequently searches …
Article • March 16, 2018 • from CLN April, 2018
Georgia Attempts to Limit Access to Official State Law by Derek Gilna by Derek Gilna The State of Georgia has sued to block publication on the internet of its Official Code of Georgia Annotated (“OCGA”) by a nonprofit organization called Public Resource. The group wants to publish the OCGA on the …
Article • March 16, 2018 • from CLN April, 2018
Witness Misidentification: Ohio Man’s 14 Convictions Vacated by Mark Wilson by Mark Wilson An Ohio man who was convicted of a violent home invasion robbery on the basis of faulty eyewitness identifications was exonerated just minutes before being sentenced to a lengthy prison term. On February 5, 2017, a man …
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