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Brief • May 29, 2018
Filed under: Sexual Assault
Keil v. MHM Services, INC, MO, Complaint, Sexual Assault, 2018 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI KAREN BACKUES KEIL, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. MHM SERVICES, INC., a Virginia Corporation, …
Brief • May 28, 2018
Martinez v. County of Los Angeles, CA, Settlement Agreement, Excessive Force (Wrongful Death), 2018 SETTLEMENT AGREEMENT AND Rl::LEASE OF ALL CLAIMS This Settlement Agreement And rvlutua! Release of All Claims ("Agreement'') ls entered into between the follmving parties ("the Parties''): Plaintiffs Roberto Martinez, Antonia martinez and Hailey Martinez, a minor, …
Article • May 24, 2018
Filed under: Juveniles, Juvenile Prisons
Study: Racism and Over-incarceration Pervade Juvenile Detention by A 2018 study has uncovered a troubling racial-disparity gap in youth confinement. “Youth Confinement: The Whole Pie” was published Feb. 27, 2018, by the Prison Policy Initiative, a Massachusetts-based nonpartisan nonprofit. The study analyzed data gathered in the 2015 Census of Juveniles in …
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
Study: Unionized Police? Increased Misconduct by Derek Gilna by Derek Gilna According to a December 2017 study by University of Chicago Law School researchers, data from Florida indicates that “shielding officers from the consequences of their actions ... result[s] in increased misconduct.” After Florida sheriffs’ deputies were allowed to unionize …
Article • May 22, 2018 • from CLN June, 2018
‘Serious Bodily Harm’ Does Not Include Animals, Massachusetts Supreme Court Holds by Dale Chappell by Dale Chappell The term “serious bodily harm” does not include harm to animals, unless the statute expressly says so, the Supreme Judicial Court of Massachusetts held, tossing out a youthful offender indictment. After a 14-year-old …
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 …
Article • May 22, 2018 • from CLN June, 2018
Filed under: Sentencing, Parole
Rhode Island High Court Abolishes Shatney in Initial Application for Postconviction Relief by Prisoners Serving Life Without Parole by Matthew Clarke by Matt Clarke On December 5, 2017, the Supreme Court of Rhode Island held that, “from this point forward, Shatney v. State, 755 A.2d 130 (R.I. 2000), shall be …
Article • May 22, 2018 • from CLN June, 2018
North Dakota Supreme Court Announces Interpretation of Restitution Statutes by Christopher Zoukis by Christopher Zoukis The North Dakota Supreme Court reversed a criminal restitution order because the trial judge misapplied statutory and constitutional law in determining the amount ordered. On February 27, 2017, Lukas Kostelecky was arrested for criminal mischief, …
Article • May 22, 2018 • from CLN June, 2018
Fifth Circuit: 96-Day Pretrial Detention Without Appearance Before Judge or Chance to Post Bail Violates Fourteenth Amendment Due Process Rights by Matthew Clarke by Matt Clarke On October 24, 2017, the U.S. Court of Appeals for the Fifth Circuit held that an indicted Mississippi pre-trial detainee’s Fourteenth Amendment due process …
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
Federal Judge Excludes Evidence After FBI Lies on Search Warrant Affidavit, Geek Squad on FBI payroll by Matthew Clarke by Matt Clarke The federal child pornography case against a California doctor was dismissed after the judge excluded all the evidence seized from his home because an FBI agent lied on …
Article • May 22, 2018 • from CLN June, 2018
‘Black Identity Extremists’ Added to FBI List of Domestic Terrorists by Christopher Zoukis by Christopher Zoukis An FBI report published in August 2017, and leaked two months later, identified a movement it refers to as “black identity extremists” as a new addition to the growing number of groups the agency …
Article • May 22, 2018 • from CLN June, 2018
The G-Men are Coming: Local Cops Partner with Federal Authorities to Deport Undocumented Immigrants by Christopher Zoukis by Christopher Zoukis Donald Trump spoke ill of the undocumented immigrant population during his run for president and promised to ramp up deportation efforts if elected. As president, he is making good on …
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
Ohio Supreme Court Holds State Cannot Prove ‘Bulk Amount’ of Fentanyl Under Statute by Dale Chappell by Dale Chappell Because no standard pharmaceutical reference manual specifies a maximum daily dose in the usual dose range for fentanyl, a defendant’s conviction for aggravated possession of a “bulk amount” of the drug …
Article • May 22, 2018 • from CLN June, 2018
Colorado Supreme Court: Conviction of Drunk Motorist for Attempted Reckless Manslaughter and Attempted Second Degree Assault Requires Risk to Discernable Person, Not Merely Public At-Large by Christopher Zoukis by Christopher Zoukis The Colorado Supreme Court struck down the convictions of a habitual drunk driver because the convictions — one for …
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 …
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