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Brief • June 18, 2018
Alicia C.v. County of Los Angeles, CA, Amended Complaint, Police Misconduct (Sexual Assault), 2018 4 MESSRELIAN LA\V INC. Harout Messrelian, Esq., SB# 272020 101 N. Brand Blvd., Suite 1970 Glendale, California 91203 Telephone: (818) 484-6531 Facsimile: (818) 956-1983 5 Attorneys for Plaintiff Alicia C. l 2 3 6 SUPERIOR COURT …
Publication • June 18, 2018
Understand Your Legal Issue-Florida Manual for Incarcerated Parents, Florida Institutional Legal Services, 2018 Understand Your Legal Issue Solve Your Legal Problem www.floridalawhelp.org Florida Manual for Incarcerated Parents Authored By: Florida Institutional Legal Services, Inc This Manual is designed to help parents who are incarcerated in Florida prisons and jails understand …
Article • June 17, 2018 • from CLN July, 2018
Filed under: Defenses, Mental Health
Vermont Supreme Court: Defendant Cannot be Compelled to Submit to Competency Evaluation by State’s Expert by David Reutter by David Reutter The Supreme Court of Vermont held that the State may not compel a defendant to submit to a competency evaluation conducted by a mental-health expert of the State’s choosing …
Article • June 17, 2018 • from CLN July, 2018
Ninth Circuit: California Carjacking Not a Crime of Violence Post-Johnson by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit ruled on January 29, 2018, that California’s carjacking law, Penal Code § 215(a), no longer constitutes a crime of violence under 8 U.S.C. § …
Article • June 17, 2018 • from CLN July, 2018
Ohio Supreme Court: Prisoner Entitled to Results of Post-Conviction DNA Profile by Matthew Clarke by Matt Clarke On March 6, 2018, the Supreme Court of Ohio held that the State must provide a prisoner the DNA profile created after his application for post-conviction DNA testing of crime-scene evidence was granted. …
Article • June 17, 2018 • from CLN July, 2018
No Increase in Murder Rate for Civilians or Police Following Abolition of Death Penalty by Matthew Clarke by Matt Clarke The transcript of a panel discussion titled “Life After the Death Penalty: Implications for Retentionist States,” presented by the Committees on Capital Punishment of the American Bar Association Section of …
Article • June 17, 2018 • from CLN July, 2018
Execution Numbers Down in 2017 by Christopher Zoukis by Christopher Zoukis The number of death row sentences handed out across the country is in decline. Despite this trend, death rows remain crowded. This is the result of a similar, but somewhat unrelated shift: Executions are also in a state of …
Article • June 17, 2018 • from CLN July, 2018
Minnesota Supreme Court: Prisoner Entitled to Appointed Attorney for One Review of Conviction, Even When It’s Not a Direct Appeal by Christopher Zoukis by Christopher Zoukis The Supreme Court of Minnesota ruled that a convicted defendant is entitled to appointed counsel, pursuant to statute, for one review of his or …
Article • June 17, 2018 • from CLN July, 2018
Web-Based Database Exposes Depth and Breadth of Police Criminality by Derek Gilna by Derek Gilna The launch of the Henry A. Wallace Police Crime Database in September of 2017 puts at the public’s disposal, through a simple web search, all crimes committed by non-federal sworn police officers. The database contains …
Sixth Circuit: Statute of Limitations for § 1983 Claim Accrues When Criminal Proceedings are Terminated by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Sixth Circuit ruled on March 15, 2018, that a claim for prosecutorial misconduct, brought by a wrongfully convicted defendant, does not …
Article • June 16, 2018 • from CLN July, 2018
DOJ: Police Shooting Family Dogs has Become ‘Epidemic’ by Dale Chappell by Dale Chappell Cops in this country kill so many dogs each year that a specialist at the Department of Justice’s (“DOJ”) community-oriented program services office says it has become an “epidemic.” The DOJ estimates that around 25 to …
Article • June 16, 2018 • from CLN July, 2018
New Mexico Supreme Court Holds SCOTUS Prohibition Against Warrantless Blood Tests in DWI Cases Applies Retroactively by Matthew Clarke by Matt Clarke On October 5, 2017, the Supreme Court of New Mexico held that an impaired driver generally could not be subject to criminal penalties for refusing to submit to …
Article • June 16, 2018 • from CLN July, 2018
S.C. Supreme Court Rules Counsel’s Failure to Recognize Ex Post Facto Issue in Advising Defendant to Accept Plea Deal Constituted IAC by Dale Chappell by Dale Chappell The Supreme Court of South Carolina found that counsel’s advice to a defendant to take a plea deal to avoid the State’s threat …
Article • June 16, 2018 • from CLN July, 2018
Alabama’s Most Populous County Reaches Bail Reform Settlement, But Problems Could Persist by Steve Horn by Steve Horn Jefferson County, the most populous county in Alabama, reached a Resolution Agreement on April 6 with the U.S. Department of Justice and the group Equal Justice Under Law in response to a …
Article • June 16, 2018 • from CLN July, 2018
Sixth Circuit Suppresses Evidence Where Triggering Event Specified in Anticipatory Search Warrant Never Occurred by Richard Resch by Richard Resch In an opinion issued on April 4, 2018, the U.S. Court of Appeals for the Sixth Circuit affirmed the suppression of evidence ostensibly obtained pursuant to an anticipatory search warrant …
Article • June 16, 2018 • from CLN July, 2018
Philly Prosecutor’s ‘Do Not Call’ List Released; Names Cops Not to Call to the Stand by Christopher Zoukis by Christopher Zoukis Corruption in the Philadelphia Police Department led local prosecutors to prepare a list of cops who had engaged in misconduct, including excessive force, drinking on duty, and lying to …
Article • June 16, 2018 • from CLN July, 2018
Ohio Supreme Court: Policy of Inventory Search Upon Arrest Does Not Empower Police to Retrieve Property from Area Protected by Fourth Amendment by Dale Chappell by Dale Chappell Evidence retrieved from a purse unlawfully removed from a vehicle after an arrest violated the Fourth Amendment, despite the existence of a …
Article • June 16, 2018 • from CLN July, 2018
Texas Court of Criminal Appeals: Lawyer’s Failure to Advise Client of Opinion Making It Impossible for State to Meet Its Burden of Proof Constitutes Ineffective Assistance of Counsel by Matthew Clarke by Matt Clarke On September 27, 2017, the Court of Criminal Appeals of Texas held that a guilty plea …
Article • June 16, 2018 • from CLN July, 2018
Do Black Lives Matter in the Supreme Court? by Michael Avery by Michael Avery Protests by tens of thousands of Americans, black and white, have urged us to remember that Black Lives Matter. The movement is an outgrowth of concern over the epidemic of police violence against black people. But …
Article • June 16, 2018 • from CLN July, 2018
Filed under: Appeals, Habeas Corpus
SCOTUS Adopts ‘Look Through’ Methodology for Federal Courts in Determining State Court’s Rationale for Unexplained Habeas Decision by Richard Resch by Richard Resch On April 17, 2018, the Supreme Court of the United States (“SCOTUS”) issued an opinion in which it instructed that federal courts are required to “look through” …
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