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Article • March 16, 2019 • from CLN April, 2019
Birth Pangs of Bail Reform Come to Texas by Edward Lyon by Ed Lyon  For scores of years, excessive bail amounts for fiscally impoverished individuals accused of crimes have been a major factor in jail overcrowding. This, in turn, leads to violence and excessive additional costs to cities, counties, and …
Article • March 16, 2019 • from CLN April, 2019
$8.4 Million Combined Settlement Reached by ‘Norfolk Four’ by Douglas Ankney by Douglas Ankney Four former Navy sailors (the “Norfolk Four”), who were wrongly convicted of the rape and murder of Michelle Bosko, agreed to a $4.9 million settlement with the City of Norfolk, Virginia.  Governor Ralph Northam then signed …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Wrongful Conviction
Erie County Convicted 11 People of Violating a Law Ruled Unconstitutional Over 20 Years Ago by Federal Court by Kevin Bliss by Kevin Bliss Erie County, New York, wrongfully convicted 11 people under a law that was ruled unconstitutional over 20 years ago — yet is still listed in the …
Article • March 16, 2019 • from CLN April, 2019
First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive by Dale Chappell by Dale Chappell In a case where a defendant was sentenced when the career offender guideline still contained the so-called residual clause, the U.S. Court of Appeals for the First Circuit …
Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit held that a defendant did not receive effective assistance of counsel when his attorneys failed to object and move for a mistrial …
Sixth Circuit Rejects Qualified Immunity Claim in Malicious Prosecution Suit for Wrongful Arrest and Conviction Involving Multiple Lies by Police by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit upheld the denial of summary judgment filed by Detroit police in a lawsuit alleging malicious …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals, Overdetention
Seventh Circuit: Claim for Unlawful Pretrial Detention Accrues on Date of Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit has held that the accrual date for claims for arrest and detention without probable cause is the date the detention ends. Maurice Lewis …
Article • March 16, 2019 • from CLN April, 2019
Fourth Circuit Grants Habeas Relief for Death Row Prisoner Because Trial Court Excluded Expert Testimony Defendant Represents Low Risk of Violence in Prison by David Reutter by David Reutter The U.S. Court of Appeals for the Fourth Circuit reversed the denial of habeas corpus relief to a death row prisoner. …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Sentencing
N.C. Supreme Court: Hiring and Paying a Hit Man Not Overt Act Necessary for Attempted Murder Charge by Douglas Ankney by Douglas Ankney The Supreme Court of North Caro­lina ruled that hiring an undercover officer posing as a hit man to kill another person does not satisfy the element of …
Article • March 6, 2019
Can We Fight Crime With Public Shaming? by Kathi Valeii Humiliation-based punishments are designed as deterrents, but sentences that embarrass the most vulnerable among us are cruel, and represent the worst of American policies. by Kathi Valeii, DAME Magazine In November, several Bangladeshi immigrants who’d been convicted of food-stamp fraud …
Article • February 15, 2019 • from CLN March, 2019
Government Snitches: Incentivized Witnesses Are the Leading Cause of Wrongful Convictions by Dale Chappell by Dale Chappell Every year, innocent people go to prison, or even death row, because of government informants who lie to get a good deal in their own criminal case. The problem, studies show, is the …
Article • February 15, 2019 • from CLN March, 2019
Filed under: Bail
Algorithm-dictated Freedom? Vet California’s New Pretrial Risk Assessment Tool by Virginia Griese by Virginia Griese An individual’s liberty may soon be in the hands of technology.  Pretrial risk-assessment algorithms will replace the cash bail system in California, thanks to S.B. 10, the new bail reform law signed by Governor Jerry …
Article • February 15, 2019 • from CLN March, 2019
Filed under: Wrongful Conviction
Forensic Entomology Helps Nevada Murder Convictee Get Exonerated After 17 Years in Prison by Edward Lyon by Ed Lyon  In June 2001, 18-year-old Kirstin Blaise Lobato narrowly escaped being raped in Las Vegas, Nevada. With her small pocket knife, she wounded her attacker’s genitals. He was left intact but did …
Article • February 15, 2019 • from CLN March, 2019
Hawaii Supreme Court Finally Complies with SCOTUS’ Apprendi Decision, Vacates Enhanced Sentence Based on Fact Determined by Judge, Not Jury by Christopher Zoukis by Christopher Zoukis The Supreme Court of Hawaii, in ruling that a criminal defendant’s enhanced sentence violated the U.S. Constitution, has come on board with the U.S. …
Article • February 15, 2019 • from CLN March, 2019
Oklahoma Supreme Court Announces Drug Court Dismissal of Charges After Successful Completion of Drug Program Entitles Defendant to Immediate Expungement by Douglas Ankney by Douglas Ankney On December 18, 2018, the Supreme Court of Oklahoma ruled that when a drug court dismisses charges after a defendant’s successful completion of a …
Article • February 14, 2019 • from CLN March, 2019
Third Circuit: Summons Is Not an Arrest for USSG Criminal History Calculation by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Third Circuit held that the issuance of a summons to appear on a traffic stop is not an arrest for purposes of calculating criminal history …
Article • February 14, 2019 • from CLN March, 2019
Filed under: War on Drugs, Sentencing
Sixth Circuit Reverses 60-Month Upward Variance Sentence Based on News Article Provided to Parties by Court at Beginning of Sentencing Hearing by Matthew Clarke by Matt Clarke  The U.S. Court of Appeals for the Sixth Circuit held that an Ohio federal district court erred when it doubled a defendant’s cocaine-possession …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Appeals, Sentencing
Fifth Circuit Holds Special Conditions in PSR Appendix but Not Orally Pronounced by District Court Must Be Removed From Sentence Where Conflict With Written Judgment by David Reutter by David Reutter The Fifth Circuit Court of Appeals held that where a defendant did not have an opportunity to object to …
Article • February 14, 2019 • from CLN March, 2019
Minnesota Supreme Court Holds Sentencing Guidelines at Time of Offense, Not Time of Sentencing, Controls for Purposes of Calculating Criminal History Score by Matthew Clarke by Matt Clarke  On August 15, 2018, the Supreme Court of Minnesota held that the classification of a previous offense used to calculate a defendant’s …
Article • February 14, 2019 • from CLN March, 2019
Seventh Circuit Reverses Denial of a Certificate of Innocence Needed as a Prerequisite for Damages for an Unjust Conviction and Imprisonment by Punch & Jurists by Punch & Jurists In Abu-Shawish, the Seventh Circuit addressed a little known and little used Federal proceeding that gives people who have been unjustly …
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