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Article • November 15, 2021 • from CLN December, 2021
Colorado Supreme Court Announces Mandatory Lifetime Sex Offender Registration Unconstitutional for Juveniles With Multiple Adjudications by Dale Chappell by Dale Chappell The Supreme Court of Colorado held that mandatory lifetime sex offender registration for multiple sex offenses committed as a juvenile constitutes cruel and unusual punishment in violation of the …
Article • March 15, 2021 • from CLN April, 2021
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 …
Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that the use of an un-Mirandized statement against a defendant in a criminal proceeding violates the defendant’s …
Revocation Nation: Reincarceration for Technical Parole Violations in the Age of COVID-19 by Jean Trounstine by Jean Trounstine, Boston Institute for Nonprofit Journalism, September 15, 2020 Jonathan Best had been out of prison for two years when he ended a rocky relationship with his girlfriend. Like many men and women …
Article • November 15, 2020 • from CLN December, 2020
Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts by Anthony Accurso by Anthony Accurso The Supreme Court of Mississippi held that a district court erred when it ordered a mistrial on all three counts of an indictment after the jury had returned an …
Article • October 15, 2020 • from CLN November, 2020
Minnesota Supreme Court: Coercion Statute Unconstitutionally Overbroad by Anthony Accurso by Anthony Accurso In a decision issued July 22, 2020, the Supreme Court of Minnesota ruled that Minnesota Statutes Section 609.27, subd. 1(4) (2018) (“the coercion statute”) is overbroad on its face, violates the First Amendment to the U.S. Constitution, …
Article • August 28, 2020
Why We Need to Keep the Communications Decency Act Intact by Dale Chappell by Dale Chappell While the First Amendment of the U.S. Constitution protects our right to free speech, a federal law that protects platforms and users who repost that free speech is under attack and at risk from …
Article • August 15, 2020 • from CLN September, 2020
Indiana Supreme Court: Forcing Defendant to Unlock Smartphone Violates Fifth Amendment Right Against Self-Incrimination by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that a defendant cannot be forced to unlock her smartphone because doing so would violate her Fifth Amendment right against self-incrimination. The Court also …
Article • July 15, 2020 • from CLN August, 2020
Fourth Circuit Requests Further Information on Stingray Device to Determine Whether It Violates Fourth Amendment Rights by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit remanded a case to the U.S. District Court for the District of Maryland because the lower court failed to …
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 …
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