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Article • March 16, 2018 • from CLN April, 2018
Sixth Circuit: Sentence Enhancement Inapplicable, Sales of Guns and Drugs Separate by Dale Chappell by Dale Chappell Where the negotiation of each transaction was “fully consummated” before the next, the sale of guns and drugs separately was not enough to apply a guideline enhancement, the Sixth Circuit held December 5, …
Article • March 16, 2018 • from CLN April, 2018
Filed under: War on Drugs
Philly Decriminalizes Possession of Small Amounts of Marijuana by Christopher Zoukis by Christopher Zoukis Since 2014, police in Philadelphia, Pennsylvania have had the option of issuing a $25 fine in lieu of arresting a citizen found in possession of a small amount of marijuana. In 90 percent of all such …
Article • March 16, 2018 • from CLN April, 2018
Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness by Derek Gilna by Derek Gilna Judicial proceedings are governed by strict rules, but none is more burdensome to convicted offenders than having their testimony disregarded because of a prior felony conviction. Federal proceedings are governed by …
Article • March 16, 2018 • from CLN April, 2018
New York Court of Appeals: Defendant Denied Right to Speedy Trial After 6-Year Delay by Richard Resch by Richard Resch On May 24, 2008, Reginald Wiggins and codefendant Jamal Armstead were involved in an altercation in which a 15-year-old bystander was shot and killed. They were arrested and charged with …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Forfeiture
Texas Supremes: Possession of Gun Does Not Constitute “Use” Under Forfeiture Statute by Dale Chappell by Dale Chappell The Supreme Court of Texas held that a Texas county commissioner’s misdemeanor conviction for possession of a firearm did not constitute “use” of a firearm under the forfeiture statute, and thus forfeiture …
Article • March 16, 2018
Inadequate Public Defender Offices Prompt ACLU Suit by Dale Chappell by Dale Chappell "Innocent until proven guilty” is a “cruel and hollow motto when you don’t have an adequate defense, and the government is employing its vast resources to lock you up and take away your freedom,” the ACLU says …
Article • March 16, 2018 • from CLN April, 2018
Mass. Supremes: Consent to Search in Vehicle Did Not Extend to Engine by Richard Resch by Richard Resch The Supreme Judicial Court of Massachusetts held that consent to search inside a vehicle does not authorize the police to search under the hood of the vehicle. On January 23, 2015, two …
Article • March 16, 2018 • from CLN April, 2018
Gang Enhancement: California Court Reverses Denial of Motion for New Trial by Derek Gilna by Derek Gilna The Court of Appeal of California, Second Appellate District, Division One, reversed a trial court’s denial of a defendant’s motion for a new trial on the issue of whether or not a gang …
Article • March 16, 2018 • from CLN April, 2018
$900,000 to Octogenarian Tased by Police by Kingstree, South Carolina will pay a $900,000 settlement in a case in which police officers Tased an elderly man. Albert Chatfield, 86, was having an undisclosed mental health issue one day in October 2017. Kingstree police responded, and Chatfield led them on a …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Police Misconduct
Fired New Orleans Cops Just Move to Other Departments by Dale Chappell by Dale Chappell Dozens of New Orleans police officers who have been fired for misconduct were able to keep their badges and guns simply by switching to another police department, according to police personnel files and court documents. …
Article • March 16, 2018 • from CLN April, 2018
U.S. Supreme Court: Guilty Plea No Bar to Defendant Challenging Constitutionality by Richard Resch by Richard Resch The U.S. Supreme Court held that a guilty plea alone does not bar a federal criminal defendant from challenging the constitutionality of his statute of conviction on direct appeal. In September 2013, Rodney …
Article • March 16, 2018 • from CLN April, 2018
Washington Supremes: Former Prisoner Can Take Bar by Derek Gilna by Derek Gilna Tara Simmons overcame the burden of two previous jail sentences, 20 months in prison, a bankruptcy, and a drug addiction to graduate from law school, magna cum laude. She has clearly turned her life around. However, earning …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Second Amendment
Illinois Supremes: Barring Firearms Within 1,000 Feet of Parks Facially Unconstitutional by Richard Resch by Richard Resch In April 2013, Julio Chairez pleaded guilty in connection with a plea agreement to possessing a firearm within 1,000 feet of a park in violation of Section 24-1(a)(4), (c)(1.5) of the Unlawful Use …
Article • March 16, 2018 • from CLN April, 2018
Lack of Criminal Intent: Missouri Supreme Acquits on Drug Possession Charge by Suzanne Bring by Suzanne Bring The Missouri Supreme Court held that there was insufficient evidence to convict the defendant of possession of meth because her mere presence at a residence in which meth was discovered, without more, does …
Article • March 16, 2018 • from CLN April, 2018
Cops Killed 100 Times More Americans Than Terrorists Did in 2017 by Christopher Zoukis by Christopher Zoukis More than 1,000 Americans were killed in 2017 by a particularly violent class of fellow citizens. Some of those killed by these highly trained gunmen were children, and many of them were unarmed. …
Article • March 16, 2018 • from CLN April, 2018
$275,000 to Man Arrested for Recording Police by A federal lawsuit brought for the unlawful arrest of a man who filmed a police raid of his house has been settled for $275,000. Alfredo Valentin was arrested by Manchester, New Hampshire police after he lawfully recorded the raid of his home …
Article • March 16, 2018 • from CLN April, 2018
7 Years Pre-Trial Incarceration: Vacated Convictions by This decision is a rare example of a criminal defendant actually getting permanent relief based on a violation of his speedy trial rights. Joseph Tigano, III and his father, Joseph Tigano, Sr., were arrested on July 8, 2008 on charges related to a …
Article • March 16, 2018 • from CLN April, 2018
Pennsylvania Supreme Court: Police Emergency Lights Next to Parked Car Constitute Seizure by Dale Chappell by Dale Chappell When a Pennsylvania state trooper turned on his emergency lights and pulled next to a car parked on the side of the road, it was an “investigative detention” for which he did …
Article • March 16, 2018 • from CLN April, 2018
California Supreme: “Beyond a Reasonable Doubt” Standard for Second Strike by Edward Lyon by Edward B. Lyon California is well known for its harsh Three Strikes law, which enhances prison terms for certain repeat offenders. Under that law, defendants whose first felony was “serious or violent” are classified as a …
Not Disclosed: NSA-Obtained Evidence by Derek Gilna by Derek Gilna The Intercept has revealed that Foreign Intelligence Surveillance Act (“FISA”) evidence is frequently being used to convict people in federal court without disclosing to defendants that such evidence is being relied upon, as required by federal law. “The FBI frequently searches …
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