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Jesse Johnson: 194th Person Exonerated While on Death Row by Jordan Arizmendi by Jordan Arizmendi Twenty-five years after Jesse Johnson, 62, was wrongfully convicted and sentenced to death, in September, he became the 194th person to be exonerated while on Death Row. In 1998, Harriet Thompson was stabbed to death …
Article • January 15, 2024 • from CLN January, 2024
NYPD’s Solution for Abusive Cops Who Cost Taxpayers Millions of Dollars in Civil Suits—Promote Them by Douglas Ankney by Douglas Ankney The New York Police Department (“NYPD”) hired David Grieco as an officer in 2006. Earning the street name “Bullethead,” Grieco was named in 17 lawsuits between his hiring and …
Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements by Anthony Accurso by Anthony W. Accurso The Supreme Court of Oregon upheld a Court of Appeals decision ordering a new trial for a defendant …
Article • January 15, 2024 • from CLN January, 2024
Study Reveals That Aging Federal Judges May Experience Cognitive Impairment Affecting Their Opinions by Douglas Ankney by Douglas Ankney According to a recent study titled The Effects of Lifetime Tenure and Aging in the United States Federal Judiciary (“Study”), as federal judges age, they may experience a decline in their …
California Court of Appeal: Confrontation Clause Violated Where Defense Prohibited From Cross-Examining Prosecution Witness About Biased Motivation and Fabrication by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, held that Cecilio Castaneda-Prado’s right to confront his accusers was violated when the superior court prohibited …
Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that an evidentiary hearing was …
Indiana Supreme Court Suppresses All Evidence Related to Polygraph Exam for Examiner’s Failure to Disclose Unilater-ally Changing Exam Results From ‘Admissible’ to ‘Inadmissible’ Due to Defendant’s Mental State by Anthony Accurso by Anthony W. Accurso The Supreme Court of Indiana upheld evidentiary suppression of a defendant’s polygraph results and inculpatory …
Article • January 15, 2024 • from CLN January, 2024
Human DNA Retrieved From Dogs Might Provide Evidence by Douglas Ankney by Douglas Ankney Researchers from Flinders University in Australia published the results of a study involving the work of the Victoria Police Forensic Services Department and Deakin University regarding the collection of human DNA from 20 dogs from separate …
Article • January 15, 2024 • from CLN January, 2024
Kansas Supreme Court Announces State Must Prove Defendant Specifically Intended to Enter Dwelling in Which There Was a Person to Sustain Conviction for Attempted Aggravated Burglary, Overruling State v. Watson by Douglas Ankney Douglas Ankney The Supreme Court of Kansas held that the State must prove a defendant specifically intended …
California Court of Appeal: Probation Condition Prohibiting Possession of Pornography Impermissibly Vague by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, held that a probation condition prohibiting possession of pornographic materials was impermissibly vague. Michael Gruis pleaded no contest to one count of possession …
FBI Buys Software to Enslave Your Phone by Michael Thompson by Michael Dean Thompson NSO Group is an Israeli firm started by former Israeli intelligence officers that produced some remarkably infamous software. The company’s software has become notorious for its use by governments with little regard for human rights violations …
Article • January 15, 2024 • from CLN January, 2024
House Judiciary Committee Investigates Major Banks for Unauthorized Sharing of Private Financial Information With the FBI by Jo Ellen Nott by Jo Ellen Nott The House Judiciary Committee and Weaponization Select Subcommittee headed by Ohio Republican Jim Jordan is actively investigating major banks for allegedly sharing Americans’ private financial information …
Oregon Supreme Court Announces Overruling of Precedent on ‘Attempted Transfer’ of Drugs by David Reutter by David M. Reutter The Supreme Court of Oregon held that “attempted transfer” does not apply “to a person who possesses a large quantity of a controlled substance and takes steps consistent with an intent …
California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91 by Douglas Ankney by Douglas Ankney The California Court of Appeal, Fourth Appellate District, held that defendants who plead guilty to a stipulated sentence are eligible for resentencing under California Penal Code …
California Bans Bogus ‘Excited Delirium’ Diagnosis as Cause of Death by Douglas Ankney by Douglas Ankney In October 2023, California Governor Gavin Newsome signed a bill into law that prohibits “excited delirium” from being recognized as a valid diagnosis or cause of death. The law was prompted by the death …
Article • January 15, 2024 • from CLN January, 2024
Filed under: Double jeopardy
New Mexico Supreme Court Clarifies When Reviewing Double Jeopardy Claims, Court to Apply Blockburger’s Strict-Elements Test or Modified Strict-Elements Test—Not Both by Douglas Ankney by Douglas Ankney The Supreme Court of New Mexico clarified that when reviewing claims of double jeopardy, the court is to apply either the strict-elements test …
Article • December 15, 2023 • from CLN December, 2023
Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge by Richard Resch by Richard Resch In a case involving an issue of first impression, the U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court …
Article • December 15, 2023 • from CLN December, 2023
Indiana Supreme Court Reverses Involuntary Manslaughter Conviction Where Trial Court Denied Defense Counsel Opportunity to Directly Voir Dire Prospective Jurors by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana reversed Kyle N. Doroszko’s involuntary manslaughter conviction because the trial court denied defense counsel the opportunity to voir dire …
Eleventh Circuit Announces Defendant May Not Be Sentenced to Home Confinement for Violating Terms of Supervised Release When Sentenced to Statutory Maximum Period of Imprisonment for the Violation by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held …
Article • December 15, 2023 • from CLN December, 2023
Louisiana Sheriffs Repeatedly and Conveniently Destroy Public Records by Benjamin Tschirhart by Benjamin Tschirhart There are 64 sheriffs across the state of Louisiana. Despite what many of them apparently believe, they are subject to certain rules and laws, just like the rest of us. That message just hasn’t reached some …
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