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Family of Man Shot and Killed by San Bernardino Police Agrees to $575,000 Settlement by Christopher Zoukis by Christopher Zoukis The city of San Bernardino, California, along with two of its police officers who shot and killed Jerriel Dashawn Allen, agreed to a settlement of $575,000 with Allen's family, which …
Article • May 23, 2018
Eyewitness Sketches Provide ‘Stormy’ Results, Can Lead to False Convictions by Steve Horn by Steve Horn Stephanie Clifford, the adult film actress known as Stormy Daniels, has set off a flood of media coverage on her claims of having a sexual relationship with President Donald Trump and the subsequent non-disclosure …
Article • May 22, 2018 • from CLN June, 2018
Georgia Supreme Court Vacates Convictions and Sentences Due to Merger Errors by Matthew Clarke by Matt Clarke On December 11, 2017, the Supreme Court of Georgia vacated convictions and sentences for aggravated assault and firearms possession due to a merger error. Thyrell Depree Donaldson, a Georgia state prisoner, appealed his …
Fifth Circuit Holds Prisoner May Sign and Deliver Habeas-Related Motion on Behalf of Fellow Prisoner Under Prison Mailbox Rule by Dale Chappell by Dale Chappell A prisoner may sign and deliver a habeas-related motion to prison officials for timely mailing under the “prison mailbox rule” on behalf of another prisoner, …
Article • May 22, 2018 • from CLN June, 2018
U.S. Supreme Court: Death Penalty Case Involving Racist Juror Requires Further Consideration by Christopher Zoukis by Christopher Zoukis In a brief per curiam opinion, the United States Supreme Court vacated an Eleventh Circuit Court of Appeals decision that foreclosed potential relief for a prisoner on death row whose conviction may …
Article • May 22, 2018 • from CLN June, 2018
Filed under: Appeals, Sentencing, Tax Law
U.S. Supreme Court Resolves Split Among Circuit Courts of Appeals on Tax Code § 7212(a) by Richard Resch by Richard Resch The Supreme Court of the United States reversed a defendant’s conviction for violating the second clause of 26 U.S.C.S. § 7212(a) (“Omnibus Clause”). In doing so, the Court announced …
Article • May 22, 2018 • from CLN June, 2018
Ninth Circuit Reverses Drug Smuggling Conviction for Improper Exclusion of Evidence of Third-Party Culpability by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit reversed a defendant’s conviction for importation of methamphetamine because the district court improperly excluded relevant evidence that someone else committed …
Article • May 22, 2018 • from CLN June, 2018
Arizona Supreme Court: Trial Court Must Tell Jury Defendant Ineligible for Parole in Death Penalty Phase by Dale Chappell by Dale Chappell The trial court erred by failing to tell the jury that a defendant was ineligible for parole before its decision to impose the death penalty, the Supreme Court …
Filing • May 22, 2018
Prison Legal News v. Florida DOC, censorship appellate ruling 2018 Case: 15-14220 Date Filed: 05/17/2018 Page: 1 of 48 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-14220 ________________________ D.C. Docket No. 4:12-cv-00239-MW-CAS PRISON LEGAL NEWS, A project of the Human Rights Defense Center, …
Article • May 15, 2018 • from CLN June, 2018
Pennsylvania Supreme Court Rules FBI Admission Microscopic Hair Analysis Wrong 90% of the Time is Newly Discovered Fact Allowing Untimely Post-Conviction Relief Petition by Christopher Zoukis by Christopher Zoukis The Pennsylvania Supreme Court allowed the post-conviction relief petition of a prisoner on death row to go forward to hearing based …
New Jersey Student Receives $290,000 Settlement after July 4 Police Assault by Christopher Zoukis by Christopher Zoukis Jonathan Wilson, a 22-year-old student and resident of Middletown, New Jersey, agreed to a $290,000 settlement as a result of being wrongfully assaulted, arrested, and prosecuted by the Red Bank Police Department.      …
Racially Motivated Traffic Stop and Arrest by Texas Police Leads to Settlement by Christopher Zoukis by Christopher Zoukis     After police in Brownsville, Texas, arrested a man for drunk driving and running a red light when tests showed that he was not intoxicated, the man sued for racially motivated …
Brief • May 9, 2018
Estes v. State of Texas, opinion, sexual assault on child penalty, 2018 IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0429-16 RUSSELL LAMAR ESTES, Appellant v. THE STATE OF TEXAS ON STATE’S & APPELLANT’S PETITIONS FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS TARRANT COUNTY K EASLER, J., …
Arrest of War Protesters in Seattle Leads to Civil Rights Settlement by Christopher Zoukis by Christopher Zoukis      Three attendees of a 2006 march against the war in Iraq held in Seattle, Washington, agreed to settle a lawsuit in which they claimed their arrests violated their civil rights.      On …
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 …
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