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Article • June 15, 2020 • from CLN July, 2020
Carpenter Slowly Remaking Fourth Amendment Case Law by Anthony Accurso by Anthony Accurso The U.S. Supreme Court issued a landmark decision in 2018, which has been slowly changing the way courts interpret the Fourth Amendment of the U.S. Constitution in our era of mobile technology — and impacting the day-to-day …
Publication • 2020
Pay to Play? Campaign Finance and the Incentive Gap in the Sixth Amendment's Right to Counsel, Duke Law Journal, 2020 70 DUKE L.J. __ (2020) (forthcoming) Pay to Play? Campaign Finance and the Incentive Gap in the Sixth Amendment’s Right to Counsel Neel U. Sukhatme* and Jay Jenkins** Abstract For …
Is Solitary Confinement a Punishment?, Northwestern University Law Review, 2020 ROUGH DRAFT IS SOLITARY CONFINEMENT A PUNISHMENT? John F. Stinneford Nulla poena sine lege—no punishment without law—is one of the oldest and most universally accepted principles of English and American law. 1 Today, thousands of American prisoners are placed in …
Human Rights Defense Center v. County of Tehama, et al., CA, stipulation and consent decree, 2020 Case 2:20-cv-00359-WBS-DMC Document 23 Filed 05/13/20 Page 1 of 7 1 SANFORD JAY ROSEN – 062566 JEFFREY L. BORNSTEIN – 099358 2 ERNEST GALVAN – 196065 LISA ELLS – 243657 3 BENJAMIN BIEN-KAHN – …
The Puzzles of Prisoners and Rights: An Essay in Honor of Frank Johnson, Alabama Law Review, 2020 JOHNSON FRANK PUZZLES BP REVISED ​3 4/15/2020 (D​O ​N​OT ​D​ELETE​) 4/21/20 2:23 PM THE PUZZLES OF PRISONERS AND RIGHTS: AN ESSAY IN HONOR OF FRANK JOHNSON Judith Resnik E​IGHTH I. R​EFUSING AND ​R​ECOGNIZING …
Article • April 15, 2020 • from CLN May, 2020
Kansas Supreme Court Holds Threat of Violence Statute Violates First Amendment to Extent it Criminalizes ‘Reckless’ Conduct by Dale Chappell by Dale Chappell The Supreme Court of Kansas held on October 25, 2019, that the statute criminalizing speech determined to be a threat of violence is unconstitutional, at least as …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Sixth Amendment
Nevada Supreme Court: 26-Month Delay Between Charges and Arrest Constitutes Speedy Trial Violation by Anthony Accurso by Anthony Accurso  The Supreme Court of Nevada held that a district court did not abuse its discretion after the State’s “gross negligence” caused a 26-month delay between charges filed and arrest. Rigoberto Inzunza …
Article • March 18, 2020 • from CLN April, 2020
New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants by Chad Marks by Chad Marks Securus Technologies, one of the leading providers of phone-messaging services for correctional facilities, reportedly captured thousands of coordinates showing cellphone locations for clients absent a warrant. Through Securus, both Jefferson and Orleans Parish sheriff’s offices were …
Article • March 18, 2020 • from CLN April, 2020
Pennsylvania Supreme Court Holds Retention of Defendant’s ID Card Constitutes ‘Seizure’ for Fourth Amendment Purposes by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania held on January 22, 2020, that the retention of a person’s identification card by law enforcement constituted a “seizure” under the U.S. Constitution, triggering …
Article • March 18, 2020 • from CLN April, 2020
Maine Supreme Court Declares Blood Draw Statute Unconstitutional, Overruling Cormier by Douglas Ankney by Douglas Ankney The Supreme Court of Maine declared 29-A M.R.S. §§ 2522(2) and 2522(3) facially unconstitutional, overruling State v. Cormier, 928 A.2d 753 (Me. 2007). Randall J. Weddle was pinned inside the cab of his tractor-trailer …
Article • March 17, 2020 • from CLN April, 2020
Iowa Supreme Court: Officer’s Delay of Traffic Stop to Investigate Other Matters Unconstitutional by David M. Reutter by David M. Reutter The Supreme Court of Iowa reversed a motion court’s denial of a motion to suppress. The Court held a police officer failed to develop a reasonable suspicion of other …
Article • February 19, 2020 • from CLN March, 2020
Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held that the State must raise in the trial court a claim that a defendant lacks standing to contest the admission of seized …
Estate of Kevin Brown v. Lambert, CA, punitive damages, wrongful death, 2020 Case 3:15-cv-01583-DMS-WVG Document 192 Filed 02/18/20 PageID.5157 Page 1 of 1 1 2 3 FEB 18 2020 4 CLERK, U.S. DISTRICT COURT SOU1li DISTRICT CF CALIFORNIA £1V ,____DEPUlY 5 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA …
Human Rights Defense Center v. County of Tehama, et al., CA, complaint, 2020 Case 2:20-at-00165 Document 1 Filed 02/14/20 Page 1 of 18 1 SANFORD JAY ROSEN – 062566 JEFFREY L. BORNSTEIN – 099358 2 ERNEST GALVAN – 196065 LISA ELLS – 243657 3 BENJAMIN BIEN-KAHN – 267933 ROSEN BIEN …
Estate of Kevin Brown v. Lambert, CA, jury verdict and damages, wrongful death, 2020 Case 3:15-cv-01583-DMS-WVG Document 191 Filed 02/14/20 PageID.5153 Page 1 of 4 1 2 FILED 3 FEB 14 2020 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 SOUTHERN DISTRICT OF CALIFORNIA ESTATE OF KEVIN BROWN …
Department of Justice - Investigation of South Carolina Department of Juvenile Justice's Broad River Road Complex, 2020 U.S. Department of Justice Civil Rights Division Assistant Allorney General 950 Pennsylvania Ave, NW - RFK Washington, DC 20530 FEB Ot2020 The Honorable Henry McMaster Governor of South Carolina State House 1100 Gervais …
Notice Regarding Investigation of South Carolina Department of Juvenile Justice, U.S. Department of Justice Civil Rights Division, 2020 U.S. Department of Justice Civil Rights Division Assistant Allorney General 950 Pennsylvania Ave, NW - RFK Washington, DC 20530 FEB Ot2020 The Honorable Henry McMaster Governor of South Carolina State House 1100 …
Article • January 21, 2020 • from CLN February, 2020
First Circuit Vacates Conviction Because Sister had Neither Actual nor Apparent Authority to Consent to Search of Brother’s Bags by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit vacated the conviction of Bryan Moran because his sister, Alysha, had neither actual nor apparent authority …
Article • January 21, 2020 • from CLN February, 2020
Idaho Supreme Court: Where Police Were Unaware of Probationer’s Fourth Amendment Waiver Until After Unreasonable Search, Waiver Won’t Make Search Reasonable by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho ruled that when police were unaware of a probationer’s Fourth Amendment waiver until after an unreasonable search was …
Article • December 1, 2019
Oregon Court of Appeals: Entering iPhone Passcode is Testimonial Act; Can Be Compelled if State Establishes Defendant’s Knowledge of Passcode is ‘Foregone Conclusion’ by Mark Wilson by Mark Wilson In a case of first impression, the Oregon Court of Appeals held that entering a passcode into a smartphone is testimonial …
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