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Article • September 15, 2021 • from CLN October, 2021
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 …
Article • September 15, 2021 • from CLN October, 2021
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. …
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 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 …
Article • August 15, 2021 • from CLN September, 2021
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 …
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 …
Article • August 15, 2021 • from CLN September, 2021
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 …
Filing • August 2, 2021
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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 …
Article • July 15, 2021 • from CLN August, 2021
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. …
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 …
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 …
Article • April 15, 2021 • from CLN May, 2021
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, …
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 …
Article • January 15, 2021 • from CLN February, 2021
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 …
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 …
Article • September 15, 2020 • from CLN October, 2020
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 …
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 …
Article • August 15, 2020 • from CLN September, 2020
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 …
OSIG Report on the Virginia Parole Board, 2020 Provided Under Code of Virginia 2.2-313 B (Please do not further disseminate this report to preserve the integrity of the investigation) (Virginia Parole Board) FWA Hotline Case #18647 Issued 07282020 This request applies to the Chief of Staff, Speaker, Majority Leader, and …
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