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Article • April 19, 2018 • from CLN May, 2018
NYU Students Form Dollar Bail Brigade to Help Free New Yorkers Held on $1 Bail by Christopher Zoukis by Christopher Zoukis Judges in New York City courtrooms have an unusual option when it comes to the pre-trial release of a defendant charged with a minor crime: $1 bail. Hundreds of …
Article • April 19, 2018 • from CLN May, 2018
Illinois Supreme Court Strikes Down Part of Two Stalking Statutes as Unconstitutional by Richard Resch by Richard Resch The Supreme Court of Illinois has taken the relatively rare step of striking language from two stalking statutes as facially unconstitutional because they violate the First Amendment to the U.S. Constitution. In …
Article • April 19, 2018 • from CLN May, 2018
Texas District Attorney Stops Prosecuting Trace Drug Cases by In 2017, Harris County District Attorney Kim Ogg changed an office policy by stopping the prosecution of thousands of trace drug cases from the Houston, Texas area. In doing so, Ogg fulfilled promises made during her unsuccessful 2014 campaign and her …
Article • April 19, 2018 • from CLN May, 2018
Trenton Police Officers’ ‘Violent’ Comments Captured on Body Camera by Derek Gilna by Derek Gilna Trenton, New Jersey, police officers were captured on video making light of using flashlights to subdue suspects and ridiculing a critically injured gunshot victim suffering from a head wound. All of the incriminating comments were …
Article • April 19, 2018 • from CLN May, 2018
Kansas Supreme Court Rules Grant of ‘Use’ Immunity Insufficient to Compel Testimony by Richard Resch by Richard Resch Jose Delacruz, Anthony Waller, and three others participated in the robbery of Joshua Haines, who was murdered during the act. Delacruz was convicted of aggravated robbery, but he was acquitted of felony …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Police Searches
Massachusetts High Court Vacates Felony-Murder Conviction for Failure to Suppress Cellphone Search by Christopher Zoukis by Christopher Zoukis The Supreme Judicial Court of Massachusetts reversed a felony-murder conviction and sent the case back for a new trial because the trial court failed to suppress evidence obtained from an illegal search …
Article • April 19, 2018 • from CLN May, 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 indicate that “shielding officers from the consequences of their actions ... result[s] in increased misconduct.” After Florida sheriffs’ deputies were allowed to unionize …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Criminal Procedure
Utah Supreme Court Changes Course on Admissibility of Preliminary Hearing Testimony at Trial by Christopher Zoukis by Christopher Zoukis In a significant decision regarding Rule 804 of the Utah Rules of Evidence, the Utah Supreme Court reversed itself in a case involving the use of hearsay testimony from a preliminary …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Disabled Prisoners, AEDPA
9th Circuit: District Court Improperly Deferred to Nevada Supreme Court in AEDPA Analysis by David Reutter by David Reutter The Ninth Circuit Court of Appeals held a Nevada federal district court erred in its analysis under the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) by deferring to a state court’s …
Article • April 19, 2018 • from CLN May, 2018
California Supreme Court Grants Habeas Petition and Vacates Capital Murder Conviction Due to False Expert Testimony at Trial by Richard Resch by Richard Resch The Supreme Court of California granted a death row prisoner’s petition for writ of habeas corpus based upon the introduction of false evidence at trial and …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Wrongful Conviction, Police
Controversial Police Interrogation Technique That Often Results in False Confessions Abandoned by Influential Training Consultant by Matthew Clarke by Matt Clarke In 1931, a commission to investigate Prohibition-era corruption appointed by President Hoover issued the Wickersham Report. The report criticized the so-called Third Degree, which was the standard police interrogation …
Article • April 19, 2018 • from CLN May, 2018
$42 Million Paid Out in Decade of New Jersey Police Criminality, Abuse by Local governments in New Jersey have had to pay out more than $42 million over the last 10 years because of police criminality and abuse, according to a new series of investigative reports by the Asbury Park …
Article • April 19, 2018 • from CLN May, 2018
First Circuit Modifies Emergency Aid Doctrine for Warrantless Entry of a Home by Richard Resch by Richard Resch The U.S. Court of Appeals for the First Circuit modified its position on the emergency aid exception to the Fourth Amendment’s warrant requirement by announcing: “officers seeking to justify their warrantless entry …
Article • April 19, 2018 • from CLN May, 2018
Texas Quietly Authorizes Nation’s First Public Safety Employees Treatment Courts by Matthew Clarke by Matt Clarke With little opposition from either party, the Texas Legislature passed HB 3391, authorizing the creation of the nation’s first public safety employees treatment courts. The courts will allow police, firefighters, prison and jail guards, …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Probation
Kansas Supreme Court Nixes Probation After Full Sentence of Confinement Served by Edward Lyon by Edward B. Lyon The Kansas Supreme Court held that under the Kansas Sentencing Guidelines Act (“KSGA”) probation cannot be imposed after the full sentence of confinement has already been served. James Kinder served as the …
Article • April 19, 2018 • from CLN May, 2018
Eleventh Circuit Holds Court May Not Dismiss 2255 Motion by Invoking Collateral Attack Waiver Sua Sponte by Dale Chappell by Dale Chappell A U.S. district court cannot, “of its own volition,” invoke a collateral attack waiver in a plea agreement to dismiss a § 2255 motion, the U.S. Court of …
$300,000 Settlement in Suit Over Death of Intoxicated Man Abandoned by Deputies by Matthew Clarke by Matt Clarke The family of an intoxicated man abandoned by Delaware County, Ohio, sheriff’s deputies at a Taco Bell before he wandered onto a highway and was fatally struck by a vehicle has settled …
Article • April 19, 2018 • from CLN May, 2018
Wisconsin’s 6,000-plus Untested Rape Kits Include Over 2,000 Involving Child Victims by Matthew Clarke by Matt Clarke Wisconsin has a huge backlog of untested rape kits. In 2017, state Attorney General Brad Schimel estimated there were more than 6,300 untested rape kits. The number of rape kits involving allegations of …
Article • April 19, 2018 • from CLN May, 2018
Texas Court of Criminal Appeals: Furtive Gestures, Brief Visit Not Probable Cause by Dale Chappell by Dale Chappell The Court of Criminal Appeals of Texas (“CCA”) held that “furtive gestures” alone did not give police probable cause to search a vehicle under the automobile exception to the Fourth Amendment’s warrant …
Qualified Immunity: The Supreme Court’s Unlawful Assault on Civil Rights and Police Accountability by Jay Schweikert by Jay Schweikert Our primary federal civil rights statute, colloquially called “Section 1983,” says that any state actor who violates someone’s constitutional rights may be sued in federal court. This remedy is crucial not just …
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