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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 …
Article • April 19, 2018 • from CLN May, 2018
Asset Forfeitures Fund New York DA’s Office Bonuses by An investigation by Newsday has uncovered records showing bonus payments to Suffolk County, New York district attorney employees that totaled $3.25 million since 2012. The source of those funds? Assets seized in criminal cases. Deputy chief homicide prosecutor Robert Biancavilla received …
Article • April 19, 2018 • from CLN May, 2018
U.S. District Court in Georgia Holds Spousal Testimonial Privilege Applies to Pre-Marital Events by On October 15, 2015, Joshua Davis, who then worked as a Brink’s driver, allegedly stole about $170,000 in credit-union funds skimmed from the collections he picked up at eight ATMs that he and co-worker Naheem Carrington …
Article • April 19, 2018 • from CLN May, 2018
N.C. Supreme Court Rules Deficient Indictment Not Jurisdictional and Issue Can’t be Raised for First Time on Appeal by Dale Chappell by Dale Chappell Deviations from statutory requirements are not jurisdictional and must be “properly preserved” for appellate review and not raised for the first time on appeal, the North …
The Sex Offender Registry: It’s Not What You Think by Sandy Rozek by Sandy Rozek  “Texas sex offender added to 10 most wanted sex offenders list.” “Virginia man arrested for sex crimes after third victim comes forward.” “Arizona sex offender sentenced to 100 years for child porn.”  These are the …
Article • April 19, 2018 • from CLN May, 2018
Congressional Spending Bill Provision ‘Clouds’ Constitutional Rights in Criminal Probes by Steve Horn by Steve Horn Civil liberties advocates have decried a provision tucked into the budget bill recently passed by Congress and signed into law by President Donald Trump, as an end-run around constitutional protections guaranteed under the Fourth …
Article • April 19, 2018 • from CLN May, 2018
Seventh Circuit Finds Plain Error Where Guilty Plea Accepted Without Rule 11 Colloquy by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Seventh Circuit reversed a conviction pursuant to a guilty plea that the district court accepted, but was not accompanied by a Federal Rule of …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Guilty Pleas, Appeals
Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides by Brandon Sample by Brandon Sample, Esq. Rodney Class pleaded guilty to illegally possessing a firearm on the U.S. Capitol grounds. Notwithstanding his guilty plea, Class appealed his conviction to the U.S. Court of Appeals for …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Defenses, Jury Instructions
Texas Court of Criminal Appeals Holds Defendant Entitled to Self-Defense Jury Charge if There is Any Evidence to Support It by Matthew Clarke by Matt Clarke On September 27, 2017, the Court of Criminal Appeals of Texas held that a judge must issue a jury charge on self-defense in a …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Editorials
From the Editor by Richard Resch by Richard Resch This marks our sixth issue of Criminal Legal News. The response has been a pleasant surprise. While we were confident that there was a pressing need for a publication of this type—and that the content of each issue of CLN would …
Article • April 19, 2018 • from CLN May, 2018
N.Y.’s Top Court Clarifies Freedom of Information Exemption for Disclosure of Confidential Sources of Information by Christopher Zoukis by Christopher Zoukis The New York Court of Appeals made an important clarification to an exemption to the state’s Freedom of Information Law (“FOIL”), which restricts access to records compiled for law …
Article • April 19, 2018 • from CLN May, 2018
Filed under: News in Brief
News in Brief by Arizona: An Arizona prosecutor, Juan Martinez, has a reputation for taking ethically questionable actions in his work. Most recently, in his prosecution on behalf of the state against Jodi Arias (convicted of murder), he engaged in sexual relations with two women covering the case in hopes …
Brief • April 19, 2018
Filed under: Immigration
City of Chicago v. Sessions, opinion, grant to sanctuary city, 2018 Case: 17-2991 Document: 111 Filed: 04/19/2018 Pages: 49 In the United States Court of Appeals For the Seventh Circuit ____________________ No. 17‐2991 CITY OF CHICAGO, Plaintiff‐Appellee, v. JEFFERSON B. SESSIONS III, Attorney General of the United States, Defendant‐Appellant. ____________________ …
Andrews et. al. v. Allen et. al., Ga. prison injuries, complaint, 2018 Case 6:18-cv-00047-JRH-RSB Document 1 Filed 04/19/18 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION SHAWN ANDREWS, SETHROUZAN, Plaintiffs, COMPLAINT CIVIL ACTION NO. MARTY ALLEN, Warden, Georgia State Prison, in his …
Brief • April 19, 2018
Lewis v. Wexford, IL, Complaint, Medical Neglect, 2018 Case: 1:17-cv-05272 Document #: 27 Filed: 04/19/18 Page 1 of 26 PageID #:181 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION BRIAN LEWIS, Plaintiff, vs. WEXFORD HEALTH SOURCES, INC., TARRY WILLIAMS, NICHOLAS LAMB, TRACY ENGELSON, LYDIA …
Brief • April 18, 2018
Filed under: Employee Litigation
Lopez v. County of Los Angeles, CA, Settlement Agreement, Breach of Contract, 2018 1 2 3 4 5 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF LOS ANGELES, CENTRAL DISTRICT 8 9 OMAR A. LOPEZ, an Individual 10 Plaintiff, 11 12 V. ) CASE NO. BC626704 ) …
Johnson, Every v. Thibodaux City, La., opinion, prolonged traffic stop, 2018 Case: 17-30088 Document: 00514434369 Page: 1 Date Filed: 04/17/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-30088 United States Court of Appeals Fifth Circuit FILED April 17, 2018 Lyle W. Cayce Clerk JACKALENE ROSA …
Article • April 16, 2018
FBI Training Manuals, Guidelines May Be Exempt from FOIA Disclosure by Matthew Clarke
Article • April 16, 2018
7th Circuit Affirms Dismissal of Illinois Prisoner's Civil Rights Lawsuit by Matthew Clarke
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