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Article • June 21, 2023
L.A. County Sheriff’s Deputy Who Sued Over Presence of ‘The Executioners’ Deputy Gang Is Member of Another Deputy Gang Called ‘The Gladiators’ by The Los Angeles Times reported that a police officer with the Los Angeles County Sheriff’s Department revealed a suspicious tattoo in court during a civil trial. The …
Texas Court of Criminal Appeals: Trial Court Deprived Defendant of Opportunity to Present Complete Defense by Douglas Ankney by Douglas Ankney  The Court of Criminal Appeals of Texas held that the trial court erred when it prohibited William Rogers from presenting evidence to support his claim of self-defense and also …
Civilian Oversight Commision Special Counsel-Deputy Gangs and Deputy Cliques in the LA Sheriff's Dept-Feb. 2023 REPORT AND RECOMMENDATIONS OF THE SPECIAL COUNSEL TO SHERIFF CIVILIAN OVERSIGHT COMMISSION REGARDING DEPUTY GANGS AND DEPUTY CLIQUES IN THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT February 2023 Sheriff Civilian Oversight Commission COMMISSIONERS Sean Kennedy, Chair …
Article • May 22, 2023
Dozens of LA Sheriff’s Deputies Suspected of Gang Membership Ordered to Show Gang Tattoos and Snitch on Fellow Cops by Miles Dyson by Miles Dyson Dozens of Los Angeles County Sheriff’s (“LASD”) deputies have been ordered to show their suspected gang tattoos and reveal the names of other deputies who …
Article • May 15, 2023 • from CLN June, 2023
Ohio Supreme Court: Good-Faith Exception to Exclusionary Rule Inapplicable to Warrant Based on Affidavit Stating Cellphones Found at Scene of Traffic Crash ‘May’ Contain Evidence by Anthony Accurso by Anthony W. Accurso The Supreme Court of Ohio held that the Court of Appeals erred in applying the good faith exception …
Article • May 15, 2023 • from CLN June, 2023
Idaho Supreme Court: Confession Obtained in Violation of Miranda Inadmissible in State’s Case in Chief but May Be Used for Impeachment Purposes Where Defendant’s Will Was Not ‘Overborne’ During Interrogation by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho held that a confession obtained in violation of Miranda …
A Lie Is Still a Lie, Even if the Speaker Genuinely Believes It by Jordan Arizmendi by Jordan Arizmendi What did you eat for breakfast this morning? Most of us could answer that question – with a good deal of confidence in the accuracy of the answer. But what if, …
Publication • May 12, 2023
Filed under: Gang Membership
Office of Inspector General Letter to Deputy Witness Re Investigation of Deputy Gangs, May 2023 MEMBERS Of TIIE J!OAIIO COUNTY OF LOS ANGELES OFFICE OF INSPECTOR GENERAL 111 ~0111'11 I IIIJ.STltlFI; 11 mm I LOOlt 1£1~ "l,U.ES. 1· \I II Ull',J \ 'll•>ll (:HJ 'fl4-Mt•t hnp://o-.illtnunr)«1-n- JIil.DA L SOUS uou.r,.MITClll!U. …
Article • March 15, 2023 • from CLN April, 2023
Filed under: Daubert Standards
New Jersey Supreme Court Announces Adoption of Daubert-Type Standard for Criminal and Quasi-Criminal Cases in Assessing Admissibility of Expert Evidence Under Rule 702 by Richard Resch by Richard Resch The Supreme Court of New Jersey unanimously adopted a Daubert-type standard for determining the admissibility of expert evidence under New Jersey …
Article • February 15, 2023 • from CLN March, 2023
Filed under: Hearsay Evidence
Missouri Supreme Court: Use of Out-of-Court Statement Admitted at Trial Exceeded Limited Purpose of Exception to Rule Against Hearsay Upon Which It Was Admitted by Matthew Clarke by Matt Clarke The Supreme Court of Missouri, sitting en banc, held that the trial court committed prejudicial error by allowing a police …
Article • February 15, 2023 • from CLN March, 2023
Houston Cop from Fatal Raid Lied in Other Cases by Jayson Hawkins by Jayson Hawkins In October 2016, Frederick Jeffery was arrested for possession of two-and-a-half grams of methamphetamine, which he repeatedly stated did not belong to him. As a person with prior convictions, he knew it was a huge …
Article • January 15, 2023 • from CLN February, 2023
California Court of Appeal: Kill-Zone Theory Principles Articulated in Canizales Are Retroactive to Judgments That Were Final at Time of Decision by Jacob Barrett by Jacob Barrett The Court of Appeal of California, Fourth Appellate District, reiterated the kill zone theory principles set forth by the California Supreme Court in …
Article • December 15, 2022 • from CLN January, 2023
New York Court of Appeals Reverses Murder Conviction Where Trial Court’s Evidentiary Rulings Deprived Defendant of ‘Opportunity to Present Complete Defense’ by Douglas Ankney by Douglas Ankney The Court of Appeals of New York reversed Deshawn Deverow’s murder conviction after concluding the trial court’s evidentiary rulings deprived him of “a …
Article • September 15, 2022 • from CLN October, 2022
Fifth Circuit: Officer’s Testimony About CI’s Controlled Buy That He Did Not Personally Witness Violates Confrontation Clause by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Fifth Circuit vacated a Texas defendant’s drug conviction, concluding that the Government flouted his right to confront witnesses against him, …
Publication • August 31, 2022
The Government's Use of Altered Evidence and False Testimony by FBI Personnel to Secure and Illegal Conviction, Aug 2022 Tully & Weiss Retired Attorneys at Law 713 Main Street, Martinez, CA 94553 FIAT JUSTIT IA RUA! CAELUM Phone: (925) 229-9700 * fax: (925) 231-7754 The Government’s Use of Altered Evidence …
Article • August 15, 2022 • from CLN September, 2022
California Court of Appeal: New Law Requiring Bifurcated Trial on Gang Enhancements Applies Retroactively by David Reutter by David M. Reutter The Court of Appeal of California, Sixth Appellate District, held that Assembly Bill No. 333, which changed the law on gang-related offenses, applies retroactively. The Court’s opinion reversed the …
Article • July 15, 2022 • from CLN August, 2022
California Court of Appeal: Gang Enhancements Remanded for Retrial Under AB 333; Sameness Requirement Satisfied by The court of appeal of California, Fifth Appelate District, struck gang and firearm enhancements based upon the retroactive application of Assembly Bill 333 (2021–2022 Reg. Sess.)(“AB333”). The Court also concluded that retrial of the …
Texas Court of Criminal Appeals Announces Coty’s ‘Inference-of-Falsity’ Framework Extended to Apply to Police Officers With Established History of Falsifying Evidence in Drug Cases by Richard Resch by Richard Resch The Court of Criminal Appeals of Texas announced that the inference-of-falsity framework set forth in Ex parte Coty,418 S.W.3d 597 …
Article • June 15, 2022 • from CLN July, 2022
Cops in Virginia Beach Used Fake DNA Reports During Interrogations by Douglas Ankney by Douglas Ankney Apparently, cops in Virginia Beach are not troubled by a lack of DNA evidence when investigating crimes. Their remedy is to simply create fake certificates of analysis (“COA”) purported to be from the Virginia …
Article • May 15, 2022 • from CLN June, 2022
New York Court of Appeals: Frye Hearing Required to Determine Admissibility of DNA Evidence Generated by Proprietary Forensic Statistical Tool by Douglas Ankney by Douglas Ankney The Court of Appeals of New York reversed an order of the Appellate Division that had affirmed a trial court’s order denying a hearing …
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