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Brief • March 1, 2018
United States v. Bowman, NC, Opinion, Witness Intimidation, 2018 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-4848 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. BRIAN BOWMAN, Defendant – Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. …
Article • February 22, 2018
ACLU Charges Police With Withholding Public Records by Norma Gonzalez The American Civil Liberties Union of Northern California filed a lawsuit in Fresno County Superior Court, contending that city and police officials have violated the California Public Records Act, which typically requires public agencies to make records available within 10 …
Brief • February 9, 2018
Alliance for Constitutional Sex Offense Laws v. California DOC, CA, Petition for Writ of Mandate, 2017, SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO DATE/TIME February 9, 2018, 10:30 a.m. JUDGE HON. ALLEN SUMNER DEPT. NO CLERK 42 M. GARCIA ALLIANCE FOR CONSTITUTIONAL SEX OFFENSE LAWS, et al., Case No.: 34-2017-80002581 …
Article • February 8, 2018
FOIL Exemption Applies to Civil and Criminal Law Enforcement by David Reutter by David Reutters A New York appellate court held that the New York State Education Department correctly redacted or exempted public records compiled for auditing special education costs because they were compiled for civil law enforcement purposes. The …
Article • February 8, 2018
Organizations Acting as Government Subject to Public Records, Open Meetings Laws by David Reutter by David Reutter A Tennessee Court of Appeals reversed a trial court’s decision that the Jefferson County Economics Development and Oversight Committee, Inc. (EDOC) is not subject to provisions of the State Public Records and Open …
Brief • February 1, 2018
Filed under: Voting, Summary Judgment
Hand v. Scott, FL, Order for Summary Judgment, Voting Rights, 2018 Case 4:17-cv-00128-MW-CAS Document 144 Filed 02/01/18 Page 1 of 43 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JAMES MICHAEL HAND, et al., Plaintiffs, v. Case No. 4:17cv128-MW/CAS RICK SCOTT, in his official capacity as Governor of …
Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests by Christopher Zoukis by Christopher Zoukis The Supreme Judicial Court of Massachusetts ruled that a defendant accused of operating a motor vehicle while under the influence (“OUI”) …
Article • January 19, 2018 • from CLN February, 2018
Washington Supreme Court Grants Full Evidentiary Hearing for Civilly Committed SVP by Mark Wilson by Mark Wilson The en banc Supreme Court of Washington held that a civilly committed sexually violent predator (“SVP”) was entitled to an evidentiary hearing. The State failed to carry its burden of making a prima …
Article • January 19, 2018 • from CLN February, 2018
Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1 by Kent Russell, Tara Hoveland by Attys. Kent Russell & Tara Hoveland This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of …
Eighth Circuit Holds Missouri Police Not Entitled to Immunity in Wrongful Death Suit by Edward Lyon by Edward Lyon Kansas City policemen Shawn Todd and David Epperson responded to a burglary call at a vacant house. At the house Epperson covered the front, while Todd went to the rear. Todd …
Article • January 6, 2018 • from CLN January, 2018
Faulty Forensics and Lab Scandals Highlight Urgent Need for Enforceable Scientific Standards by Matthew Clarke by Matt Clarke A 2009 report by the National Academy of Sciences (“NAS”) criticizing the varying quality of crime labs throughout the nation and questioning the scientific basis of several forensic methods that were routinely …
McBride v. Sanden, IA, Complaint, Wrongful Arrest, 2018 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA JOSEPH ROSCO MCBRIDE, PLAINTIFF, vs. JERRY A. VANDER SANDEN, individually and in his official capacity as Linn County Attorney and LINN COUNTY, IOWA, DEFENDANTS. ) ) ) ) ) ) …
Publication • January 1, 2018
Lawsuits against Correct Care Solutions as of 2018 Claimant Abbott, James Defendant Correct Care Solutions State Missouri Abdulkarim, Noreeldeen Correct Care Solutions Tennessee Abila, George Case Number 4:18-cv-00170-DGK Juridiction United States District Court, W.D. Missouri, Western Division 3:25-cv-00040 United States District Court, Middle District of Tennessee, Nashville Division CIV 14-1002 …
Publication • January 1, 2018
Filed under: Civil Procedure, Complaints
Supreme Irrelevance, Northwestern School of Law, 2018 JACOBI BERLIN MACRO V3.DOCX (DO NOT DELETE) 6/6/2018 3:11 PM Supreme Irrelevance: The Court’s Abdication in Criminal Procedure Jurisprudence Tonja Jacobi†* and Ross Berlin** Criminal procedure is one of the Supreme Court’s most active areas of jurisprudence, but the Court’s rulings are largely …
No Qualified Immunity for Officer Who Beat and Tasered Mentally Ill Man to Death by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eleventh Circuit has ruled that an excessive force claim made by the estate of a man killed by police during an arrest …
Fines and Fees: Explained by Jessica Brand by Jessica Brand, In Justice Today In our Explainer series, Fair Punishment Project lawyers help unpackage some of the most complicated issues in the criminal justice system. We break down the problems behind the headlines — like bail, civil asset forfeiture, or the Brady …
Article • December 26, 2017
Claim of Right to Counsel Infringement Survives in Detainees’ Claim of Recorded Attorney Calls by A Florida federal district court granted in part and denied in part a defendant’s motion for summary judgment in a civil rights action that alleged the sheriff of Broward County violated the constitutional attorney-client privileges …
Article • December 26, 2017
Jail Records Protected Conversation: Federal District Court Does Not Dismiss Suit by A Florida federal district court denied a motion to dismiss a civil rights action that alleged the sheriff of Broward County violated the constitutional attorney-client privileges of a group of pre-trial detainees. The motion sought to dismiss Broward …
Article • December 22, 2017
Filed under: Disclosure of Records
Pennsylvania Police Motor Vehicle Recordings Not Exempt From Disclosure by Matthew Clarke by Matt Clarke On September 14, 2016, a Pennsylvania appellate court held that video and audio recordings made by police vehicles were not automatically exempt from disclosure under the Right-to-Know Law, 65 P.S. §67.101-76.3104 (RTKL) or the Criminal …
Article • December 21, 2017
Ninth Circuit: Police Brady Duty Was Clearly Established in 1984 by Mark Wilson by Mark Wilson The United States Court of Appeals for the Ninth Circuit held that the law was clearly established before 1984 that police officers have a duty to disclose material, exculpatory evidence. In 1963, the United …
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