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They Told Her She Could Register to Vote. Why Should She Be in Prison for Their Error?
Article • March 7, 2022
Filed under: Racial Discrimination, Voting Rights Act, Felon Disenfranchisement Statute
They Told Her She Could Register to Vote. Why Should She Be in Prison for Their Error? by Brooke Kaufman by Brooke Kaufman  A USA Today Opinion article from Georgina Yeomans and Kevin Jason, who serve as assistant counsel at the NAACP Legal Defense and Educational Fund Inc., questions the …
Garrett v. Metropolitan Government of Nashville, TN, Complaint Wrongful Conviction, 2022
Brief • January 21, 2022
Filed under: Wrongful Conviction
Garrett v. Metropolitan Government of Nashville, TN, Complaint Wrongful Conviction, 2022 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE, AT NASHVILLE PAUL SHANE GARRETT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. Metropolitan Government of Nashville, Roy Dunaway, Individually, …
"Sixth Circuit Grants Habeas Relief Because Trial Judge Redacted Key Portion of Witness’ Testimony Presented to Jury in Violation of Confrontation Clause"
Article • September 15, 2021 • from CLN October, 2021
Filed under: Habeas Corpus, Testimonial Statements, Unpublished/Withdrawn/Redacted Decisions
"Sixth Circuit Grants Habeas Relief Because Trial Judge Redacted Key Portion of Witness’ Testimony Presented to Jury in Violation of Confrontation Clause" by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held that a witness’ edited statement from a prior trial, saying that she …
SCOTUS Announces ACCA ‘Violent Felony’ Requires Knowing Use of Force, Not Mere Reckless Conduct
Article • July 15, 2021 • from CLN August, 2021
SCOTUS Announces ACCA ‘Violent Felony’ Requires Knowing Use of Force, Not Mere Reckless Conduct by Dale Chappell by Dale Chappell In a case that further narrowed the problematic Armed Career Criminal Act (“ACCA”), the Supreme Court of the United States (“SCOTUS”) held on June 10, 2021, that a “violent felony” …
News in Brief
Article • July 15, 2021 • from CLN August, 2021
Filed under: News in Brief
News in Brief by California: Two San Diego Police Department (SDPD) officers repeatedly punched a homeless Black man they were arresting on May 12, 2021, after they allegedly caught him attempting to urinate in public. According to a report by the Washington Post, the incident was captured on a cellphone …
SCOTUS Reaffirms Habeas Court Must Consider Entire Record Before ‘Disturbing’ a State Criminal Judgment
Article • June 15, 2021 • from CLN July, 2021
Filed under: Habeas Corpus, AEDPA
SCOTUS Reaffirms Habeas Court Must Consider Entire Record Before ‘Disturbing’ a State Criminal Judgment by Dale Chappell by Dale Chappell In a case without oral argument, the Supreme Court of the United States (“SCOTUS”) summarily reversed the grant of a new trial to a state prisoner on March 29, 2021, …
Tennessee Supreme Court Clarifies Inevitable Discovery Doctrine in Raid of Home to Execute Arrest Warrant
Article • May 15, 2021 • from CLN June, 2021
Filed under: Arrest Warrants, Inevitable Discovery Doctrine
Tennessee Supreme Court Clarifies Inevitable Discovery Doctrine in Raid of Home to Execute Arrest Warrant by Anthony Accurso by Anthony Accurso In an opinion filed Feb. 23, 2021, the Supreme Court of Tennessee suppressed the evidence located during a sweep of defendant’s home because the search of the home was …
News in Brief
Article • April 15, 2021 • from CLN May, 2021
Filed under: News in Brief
News in Brief by Arizona: A week after he was shot chasing a suspect, an off-duty police officer from Alberquerque, New Mexico, was arrested on February 21, 2021, for aggravated DWI. According to a report by local TV station KRQE, Officer Fouad Cherair, 29, was found by police in the …
Image of Men Urinating on Grave Protected by First Amendment
Article • March 15, 2021 • from CLN April, 2021
Filed under: First Amendment, rights, Pornography/Pornography Laws
Image of Men Urinating on Grave Protected by First Amendment by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Agents with the Tennessee Bureau of Investigation (“TBI”) and officers with the Dickson Police Department would be well advised to take the time to read the Constitution of the United States, namely …
Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply
Article • January 15, 2021 • from CLN February, 2021
Filed under: Sentence Enhancements/Departures, Sentences - Authorized
Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply by Dale Chappell by Dale Chappell In a case where the Government failed to prove that firearm enhancements applied at sentencing, the U.S. Court of Appeals for the Sixth Circuit ruled that the U.S. District Court for the …
Jennette v. Stallings, TN, Complaint, Wronful Death, 2020
Brief • October 14, 2020
Filed under: Wrongful Death
Jennette v. Stallings, TN, Complaint, Wronful Death, 2020 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE COLUMBIA DIVISION DOMINIQUE JENNETTE, as next friend of William Edward Jennette, Jr., deceased, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) PLAINTIFF, …
News in Brief
Article • September 15, 2020 • from CLN October, 2020
Filed under: News in Brief
News in Brief by California: Marissa Cruz and Paea Tukuafu filed a civil rights lawsuit against the city of San Jose police in August 2020, claiming they were “battered and bruised” by cops and subject to unreasonable search and entry. The two were celebrating ahead of Cruz’s 22nd birthday at …
Smith v. CoreCivic, Inc., et al, TN, Complaint, Medical Neglect, 2020
Brief • August 19, 2020
Filed under: Corrections Corporation of America/CoreCivic, Failure to Treat (Mental Illness), Suicides
Smith v. CoreCivic, Inc., et al, TN, Complaint, Medical Neglect, 2020 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JOHN SMITH and SOYNIA SMITH, as survivors and next of kin of ADDISON SMITH, deceased, Plaintiffs, vs. Case No. 3:20-cv-00563 CORECIVIC, INC., DAMON T. HININGER, …
Smith v. CoreCivic, Inc., et al, TN, Complaint, Medical Neglect, 2020
Publication • August 19, 2020
Filed under: Corrections Corporation of America/CoreCivic, Failure to Treat (Mental Illness), Suicides
Smith v. CoreCivic, Inc., et al, TN, Complaint, Medical Neglect, 2020 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JOHN SMITH and SOYNIA SMITH, as survivors and next of kin of ADDISON SMITH, deceased, Plaintiffs, vs. Case No. 3:20-cv-00563 CORECIVIC, INC., DAMON T. HININGER, …
New Tennessee Legislation Will Destroy Hundreds, Probably Thousands, of Families
Article • February 19, 2020 • from CLN March, 2020
Filed under: Family, Fathers in Prison, Mothers in Prison, Parental rights, Children of Prisoners
New Tennessee Legislation Will Destroy Hundreds, Probably Thousands, of Families by Sandy Rozek by Sandy Rozek, NARSOL In some of our border states, children sit in detention camps, taken from their parents and held for a reason deemed good by some in our society. Half the country away in the …
HRDC v. Marshall County, TN, Settlement, Publications, 2020
Filing • January 23, 2020
Filed under: Settlements, Publications/Books, PLN Litigation, HRDC Publications
HRDC v. Marshall County, TN, Settlement, Publications, 2020 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("the Agreement") is entered in effect as of November 20, 2019, by and between Human Rights Defense Center and Marshall County, Tennessee. WHEREAS, all claims have been presented or otherwise could have been …
Tennessee Comptroller of the Treasury Performance Audit Report, Department of Correction, TN, 2020
Publication • January 1, 2020
Filed under: Sexual Assault, Corrections Corporation of America/CoreCivic, Sexual Harassment, Medical, Injury -- Misc., Mental Health, Suicides
Tennessee Comptroller of the Treasury Performance Audit Report, Department of Correction, TN, 2020 Department of Correction January 2020 DEBORAH V. LOVELESS, CPA, CGFM, CGMA Director State Agency Audits KANDI B. THOMAS, CPA, CGFM, CFE, CGMA Assistant Director Information Systems DANIEL V. WILLIS, CPA, CISA, CGFM Assistant Director JENNIFER WHITSEL, CPA, …
Tennessee Supreme Court Reverses Conviction Because Trial Court Refused to Give ‘Necessity’ Jury Instruction Because Defendant Never Testified About Mental State
Article • December 19, 2019 • from CLN January, 2020
Filed under: Jury Instructions
Tennessee Supreme Court Reverses Conviction Because Trial Court Refused to Give ‘Necessity’ Jury Instruction Because Defendant Never Testified About Mental State by Douglas Ankney by Douglas Ankney The Supreme Court of Tennessee reversed Brandon Cole-Pugh’s conviction because the trial court refused to instruct the jury on the defense of necessity. …
Tennessee Supreme Court Abandons Doctrine of Abatement Ab Initio
Article • October 16, 2019 • from CLN November, 2019
Tennessee Supreme Court Abandons Doctrine of Abatement Ab Initio by David Reutter by David Reutter The Tennessee Supreme Court held “the doctrine of abatement ab initio must be abandoned because it is obsolete, its continued application would do more harm than good, and it is inconsistent with the current public …
Tennessee Criminal Justice Investment Task Force review, 2019
Publication • October 11, 2019
Filed under: War on Drugs, Rehabilitation/Recidivism, Sentencing, Parole, Parole Conditions, Overdetention, Mental Health
Tennessee Criminal Justice Investment Task Force review, 2019 Criminal Justice Investment Task Force Acknowledgements While the work of a number of subcommittees of the Tennessee Criminal Justice Investment Task Force is ongoing and not reflected within this report, the Task Force would like to thank the following agencies, associations, and …
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