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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 …
Filing • May 22, 2018
Prison Legal News v. Florida DOC, censorship appellate ruling 2018 Case: 15-14220 Date Filed: 05/17/2018 Page: 1 of 48 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-14220 ________________________ D.C. Docket No. 4:12-cv-00239-MW-CAS PRISON LEGAL NEWS, A project of the Human Rights Defense Center, …
Filing • May 22, 2018
Prison Legal News v. Florida DOC, Censorship, amicus brief corrections officials 2015 Case: 15-14220 Date Filed: 12/14/2015 Page: 1 of 36 No. 15-14220-AA IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT JULIE L. JONES, in her official capacity as Secretary of the Florida Department of Corrections, Defendant-Appellant/Cross-Appellee, …
Filing • May 22, 2018
Prison Legal News v. Florida DOC, Censorship, amicus brief law professors 2015 Case: 15-14220 Date Filed: 12/14/2015 Page: 1 of 30 Appeal No. 15-14220 UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT PRISON LEGAL NEWS Plaintiff-Appellee/Cross-Appellant, V. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS Defendant-Appellant/Cross-Appellee. On Appeal from the United States …
Filing • May 22, 2018
Prison Legal News v. Florida DOC, Censorship, amicus brief press 2015 Case: 15-14220 Date Filed: 12/14/2015 Page: 1 of 38 IN THE UNITED STATES COURT OF APPEALS ELEVENTH CIRCUIT Case No. 15-14220 PRISON LEGAL NEWS, a project of the Human Rights Defense Center, a not-for-profit Washington charitable corporation, Plaintiff-Appellee/Cross-Appellant, v. …
Publication • May 22, 2018
Office of the Ohio Inspector General - Ohio Department of Rehabilitation & Correction Report of Investigation, 2018 State of Ohio Office of the Inspector General RANDALL J. MEYER, Inspector General Report of Investigation AGENCY: OHIO DEPARTMENT OF REHABILITATION & CORRECTION FILE ID NO.: 2016-CA00032 DATE OF REPORT: MAY 22, 2018 …
Article • May 21, 2018
American hero or manipulative monster? by Sandy Rozek by Sandy Rozek This is the insidiousness of being on the sex offender registry: No matter what you have done before, no matter how noble or brave or selfless, everything done after is seen through the prism of that label. Sex offender. …
Article • May 21, 2018 • from CLN June, 2018
Iowa Supreme Court Rules District Courts Have Authority to Hear Postconviction Relief Actions Involving Deprivation of Liberty or Property Interest by David Reutter by David Reutter The Supreme Court of Iowa held that a motion for postconviction relief is the proper vehicle to challenge a substantial deprivation of liberty or …
Innocence be Damned: Prosecutors Who Disregard Justice in Push to Win at Any Cost by Dale Chappell by Dale Chappell The prosecutor’s goal “is not that it shall win a case, but that justice shall be done,” the U.S. Supreme Court declared in Berger v. United States, 295 U.S. 78 …
Article • May 21, 2018 • from CLN June, 2018
Cautionary Tale: Visible Fingertips in Cellphone Pictures Can Get You Arrested by Steve Horn by Steve Horn For those in the U.S. who enjoy taking photos on their cellphones, particularly of illicit activities or potentially illegal ones, the South Wales Police force has sent a warning shot across the Atlantic …
Article • May 21, 2018 • from CLN June, 2018
Filed under: Guilty Pleas, Sentencing
D.C. Circuit Vacates Sentence Because Government Breached Plea Agreement by Providing Defendant’s Confidential Statements to Sentencing Court by Dale Chappell by Dale Chappell The government’s use of incriminating statements made by a defendant at a confidential debriefing breached the plea agreement and constituted “plain error” when the government disclosed that …
Article • May 21, 2018 • from CLN June, 2018
Colorado Supreme Court Limits Bottom End of Aggravated Sentencing Statute for Habitual Sex Offenders by Christopher Zoukis by Christopher Zoukis The Supreme Court of Colorado ordered that a habitual sex offender be resentenced because the trial court miscalculated the bottom end of the defendant’s sentence. The December 18, 2017, opinion …
New Report: 60 Percent of Exonerations Stem from Official Misconduct by Steve Horn by Steve Horn The newly released 2017 edition of the National Registry of Exonerations report delivers big findings about the work done by conviction integrity units (“CIUs”), innocence projects, and what some legal experts refer to as …
Article • May 21, 2018 • from CLN June, 2018
Filed under: Immigration
Washington High Court Issues New Rule Making Immigration Status Inadmissible by Derek Gilna by Derek Gilna The Washington Supreme Court on November 8, 2017, issued a new rule of evidence, making it “generally inadmissible” in both criminal and civil cases to question a party’s immigration status. According to the Court, …
Article • May 18, 2018
LA County Deputy Sheriff Awarded $4.5 Million in Retaliation Suit by Christopher Zoukis by Christopher Zoukis Darren Hager, a deputy with the Los Angeles Sheriff's Department received a jury award of $4.5 million upon their finding that Hager was wrongfully terminated in retaliation for looking too closely into the disappearance …
Brief • May 18, 2018
Filed under: Staff-Prisoner Assault
Smith v. County of Los Angeles, CA, Complaint, Sexual Assault by Guard, 2018 Case 2:18-cv-04214 Document 1 Filed 05/18/18 Page 1 of 32 1 2 3 4 Page ID #:1 GEORGE G. MGDESYAN, ESQ. (SBN 225476) MGDESYAN LAW FIRM 15260 VENTURA BLVD., SUITE 800 SHERMAN OAKS, CA 91403 TELEPHONE: (818) …
Publication • May 17, 2018
NY petition for approval to transfer control of Inmate Calling Solutions, LLC d/b/a ICSolutions to Securus Technologies, Inc., 2018 BEFORE THE NEW YORK PUBLIC SERVICE COMMISSION Joint Petition of TKC Holdings, Inc., Inmate Calling Solutions, LLC d/b/a ICSolutions Matter/Case No. - - - - - and Securus Technologies, Inc. for …
Brief • May 16, 2018
Porter v. Daggett County, UT, Complaint, Conditions of Confinement, 2018 Case 2:18-cv-00389-JNP Document 2 Filed 05/16/18 Page 1 of 26 John Mejia (Bar No. 13965) Leah Farrell (Bar No. 13696) AMERICAN CIVIL LIBERTIES UNION OF UTAH FOUNDATION, INC. 355 N. 300 W. Salt Lake City, Utah 84103 Telephone: 801.521.9862 Facsimile: …
Article • May 15, 2018 • from CLN June, 2018
‘Shaken Baby Syndrome’ Diagnoses Discredited, Convictions Questioned by Matthew Clarke by Matthew Clarke The term “junk science” does not quite cover the revolution in our understanding of the diagnosis of shaken baby syndrome. Medical experts now know that their belief in how to diagnose a clear sign of child abuse …
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