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Kansas Supreme Court: Counsel Ineffective for Failing to Request ‘Voluntary Act’ Jury Instruction in Trial for Rape of Child Younger Than 14 Where Defendant Argued She Was Forcibly Raped by Purported ...

Article • January 15, 2022 • from CLN February, 2022

Filed under: Ineffective Assistance of Counsel

Kansas Supreme Court: Counsel Ineffective for Failing to Request ‘Voluntary Act’ Jury Instruction in Trial for Rape of Child Younger Than 14 Where Defendant Argued She Was Forcibly Raped by Purported ‘Victim’ by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that Brooke Dinkel’s trial counsel, Roger …

Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes

Article • September 15, 2021 • from CLN October, 2021

Filed under: RICO, Possession or Use of Firearms, Gang Membership

Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes by Douglas Ankney by Doug Ankney The U.S. Court of Appeals for the Fourth Circuit held that a Racketeer Influenced and Corrupt Organizations Act (“RICO”) conspiracy in violation of 18 U.S.C. § 1962(d) is not categorically a “crime …

Federal Judge: ‘Offense of Conviction’ Under Guidelines Excludes Relevant Conduct for Sentencing

Article • September 15, 2021 • from CLN October, 2021

Filed under: U.S. Sentencing Guidelines, Mandatory Minimums

Federal Judge: ‘Offense of Conviction’ Under Guidelines Excludes Relevant Conduct for Sentencing by Dale Chappell by Dale Chappell In a case where a defendant admitted to selling drugs that previously led to an overdose-death but was only convicted of selling drugs that did not result in a death, the U.S. …

News in Brief

Article • September 15, 2021 • from CLN October, 2021

Filed under: News in Brief

News in Brief by Arizona: After shooting more people than any other U.S. city or county police department in 2018, the Phoenix Police Department (PhxPD) will now be the subject of a “pattern and practice” (P&P) investigation announced on August 5, 2021, by the federal Department of Justice (DOJ), according …

Fourth Circuit: Sentence Vacated for Failure to Properly Analyze Leadership Role Factors

Article • September 15, 2021 • from CLN October, 2021

Filed under: U.S. Sentencing Guidelines, Sentence Enhancements/Departures, Criteria for Dedtermining

Fourth Circuit: Sentence Vacated for Failure to Properly Analyze Leadership Role Factors by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Western District of Virginia committed a procedural error where it applied a leadership role enhancement …

Virginia Passes Comprehensive Record Clearance Legislation

Article • August 15, 2021 • from CLN September, 2021

Filed under: Expungement/Removal, Criminal Records

Virginia Passes Comprehensive Record Clearance Legislation by Casey Bastian Far too frequently, a criminal record is an obstacle to securing education, employment, housing, and other similar necessities. Approximately 1.6 million Virginia residents have a criminal record; a disproportionate number of them are Black. The House and Senate Chambers of the …

Virginia Supreme Court Reverses Concealed Weapon Offense Because Statutory Exception Applied

Article • August 15, 2021 • from CLN September, 2021

Filed under: Weapons

Virginia Supreme Court Reverses Concealed Weapon Offense Because Statutory Exception Applied by Douglas Ankney by Douglas Ankney The Supreme Court of Virginia reversed the judgment of the Court of Appeals (“COA”) that had affirmed Dorain Jerod Myers’ conviction for carrying a concealed weapon, second offense, in violation of Va. Code …

Fourth Circuit Reverses ‘Abusive Language’ Conviction Where Government Failed to Offer Evidence That Racial Slur Tended to Cause Immediate Acts of Violence

Article • August 15, 2021 • from CLN September, 2021

Filed under: Racial Profiling, Protected Speech

Fourth Circuit Reverses ‘Abusive Language’ Conviction Where Government Failed to Offer Evidence That Racial Slur Tended to Cause Immediate Acts of Violence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit reversed retired Air Force Lieutenant Colonel Jules A. Bartow’s conviction for using “abusive …

HRDC v. Transportation Security Administration, VA, Complaint, FOIA, 2021

Filing • August 2, 2021

Filed under: Public Records, PLN Litigation, Freedom of Information Act (FOIA)

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Refusing Cop's Request for ID Wasn't Cause for Arrest

Article • July 24, 2021

Filed under: False Arrest

Refusing Cop's Request for ID Wasn't Cause for Arrest by Dale Chappell by Dale Chappell   A Stafford County, Virginia, ordinance requiring someone to show their ID to a police officer if requested did not allow an arrest if the person refused to show his ID. That was the court's …

Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop

Article • July 15, 2021 • from CLN August, 2021

Filed under: Police/Govt Misconduct, Fabrication of Evidence

Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop by Derek Gilna by Derek Gilna In an April 2021 state court hearing, Fairfax, Virginia, prosecutors began the process of vacating or dismissing over 400 criminal convictions out of over 900 cases linked to disgraced former cop Jonathan A. …

News in Brief

Article • June 15, 2021 • from CLN July, 2021

Filed under: News in Brief

News in Brief by Alabama: An Alabama state trooper arrested on April 27, 2021 for sexually abusing a child had been fired from the FBI for sexual misconduct before he was ever hired in Alabama, fooling the state Law Enforcment Agency (ALEA) with a letter of recommendation that was apparently …

News in Brief

Article • May 15, 2021 • from CLN June, 2021

Filed under: News in Brief

News in Brief by California: On March 12, 2021, federal prosecutors in California unsealed indictments against a pair of policemen accused of pocketing cash and drugs confiscated from suspects they pulled over in traffic stops. According to a report by Law & Crime, former Rohnert Park Police Department officers Brendon …

Fourth Circuit: Police Request for ID Outside Valid Terry Stop Unconstitutional

Article • April 15, 2021 • from CLN May, 2021

Filed under: Identification Evidence and Testimony, Terry Stops

Fourth Circuit: Police Request for ID Outside Valid Terry Stop Unconstitutional by Anthony Accurso by Anthony Accurso U.S. Court of Appeals for the Fourth Circuit held officers lacked probable cause to arrest a motorist who failed to provide identification when officers stopped to help with car trouble. On April 25, …

News in Brief

Article • January 15, 2021 • from CLN February, 2021

Filed under: News in Brief

News in Brief by Arizona: The family of 40-year-old Ryan Whitaker, who was fatally shot in the back by a police officer investigating a noise complaint, settled in December 2020 with the city of Phoenix for $3 million by unanimous City Council vote. Whitaker was shot in the doorway of …

Fourth Circuit: Commercial Vehicle Permit Requirement Insufficient Grounds to Initiate Traffic Stop

Article • January 15, 2021 • from CLN February, 2021

Filed under: Traffic Stops, Suspicionless Searches

Fourth Circuit: Commercial Vehicle Permit Requirement Insufficient Grounds to Initiate Traffic Stop by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit held that a law enforcement officer lacked reasonable suspicion of illegality when he initiated a traffic stop of a commercial vehicle based solely …

News in Brief

Article • December 15, 2020 • from CLN January, 2021

Filed under: News in Brief

News in Brief by Alaska: A plan to shift the response to mental health crises away from police and into the hands of mental health professionals made strides in November 2020. The Assembly approved money to launch a mobile crisis intervention team. In Anchorage, it would operate at the fire …

Fourth Circuit Grants ‘SOS’ § 2254 Petition Attacking Three-Decade-Old Murder Conviction Based on New Evidence

Article • September 15, 2020 • from CLN October, 2020

Filed under: Habeas Corpus, Evidence - Newly Discovered

Fourth Circuit Grants ‘SOS’ § 2254 Petition Attacking Three-Decade-Old Murder Conviction Based on New Evidence by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit granted permission for a state prisoner to file a second or successive (“SOS”) habeas corpus petition in the federal court …

News in Brief

Article • August 15, 2020 • from CLN September, 2020

Filed under: News in Brief

News in Brief by Arizona: Mariah Valenzuela has filed legal notices against the city of Phoenix and Maricopa County over Phoenix police officer Michael McGillis’ use of force during a January 16, 2020 traffic stop, abc15.com reports. The officer, driving a white van, stopped Valenzuela for allegedly veering across the …

Wrongfully Convicted Virginians Now Have Chance to Prove Innocence Due to Amendments to Writ of Actual Innocence

Article • August 15, 2020 • from CLN September, 2020

Filed under: Wrongful Conviction, Actual Innocence/Claim of Innocence

Wrongfully Convicted Virginians Now Have Chance to Prove Innocence Due to Amendments to Writ of Actual Innocence by Douglas Ankney by Douglas Ankney Perhaps now those who are actually innocent in Virginia will be able to prove their claims, thanks to legislation signed by Governor Ralph Northam. The Writ of …