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Article • August 1, 2025 • from CLN August, 2025
Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification by Jeffrey Cohen The Supreme Court of Illinois held that a conviction for attempted first degree murder requires proof that the defendant acted with the intent to kill without lawful justification, rejecting the …
Article • August 1, 2025 • from CLN August, 2025
Summary of the 2025 Drug Offenses Amendment by the U.S. Sentencing Commission by David Kim On April 30, 2025, the United States Sentencing Commission (“USSC”), an independent agency within the judicial branch established under the Sentencing Reform Act of 1984, promulgated a multi-part amendment to the federal sentencing guidelines addressing …
First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court by David Reutter The United States Court of Appeals for the First Circuit vacated a defendant’s sentence due to the prosecutor’s breach of the parties’ plea agreement, and the Court ordered …
Article • August 1, 2025 • from CLN August, 2025
The Flawed Science of Cannabis Impairment Detection: The Need for Evidence-Based Reform by David Kim As state after state abandons the failed experiment of marijuana prohibition, a critical public safety challenge remains largely unaddressed: how do we accurately and fairly identify individuals whose cannabis use has rendered them dangerously impaired …
Tenth Circuit Announces Motor Vehicles Are Not Per Se Instrumentalities of Interstate Commerce Under Commerce Clause for Purposes of the Federal Kidnapping Statute by David Kim The United States Court of Appeals for the Tenth Circuit held that motor vehicles are not per se instrumentalities of interstate commerce for purposes …
Article • August 1, 2025 • from CLN August, 2025
DEA’s Secret Phone Surveillance Program ‘Hemisphere’ Sparked Internal Warnings—Then a Cover-Up by Charles "Keith" Wampler When it was discovered that the Drug Enforcement Administration (“DEA”) had obtained access to billions of American phone records through a program they called “Hemisphere,” advocates for civil liberties were not convinced—in spite of assurances …
Fourth Circuit Announces Sentencing Disparity Between Defendant and Co-Defendants Alone Constitutes ‘Extraordinary and Compelling’ Reason Sufficient to Justify Compassionate Release by David Kim The United States Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Eastern District of Virginia did not abuse its discretion …
Article • August 1, 2025 • from CLN August, 2025
Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences by Matthew Clarke In a case of first impression, the Supreme Court of Nebraska clarified the procedure to be used when crediting time spent in pretrial incarceration against multiple contemporaneously-imposed sentences pursuant to Neb. Rev. Stat. § 83-1.106, …
AI Honeypots: Police Are Using Chatbots to Pose as Teens and Sex Workers to Entrap Suspects by Michael Thompson The surveillance state has a new tool in its arsenal that takes advantage of advances in AI large language models. Only, this chatbot’s conversations could land people in prison. The product …
SCOTUS Announces Sentence ‘Has Not Been Imposed’ for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment but Sentence Subsequently Vacated by Richard Resch The Supreme Court of the United States held that when an offender convicted under § 924(c) had been sentenced …
Article • August 1, 2025 • from CLN August, 2025
The Arrival of REAL ID: National ID Cards and Internal Passports in America by David Kim A common trope in science fiction involves a dystopian future where every trip to the airport, government office, and other routine errands of daily life requires residents to show a standardized ID, their every …
Article • August 1, 2025 • from CLN August, 2025
Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant by Anthony Accurso The United States Court of Appeals for the Ninth Circuit overturned the U.S. District Court for the Western District of Washington’s denial of a defendant’s motion …
Article • August 1, 2025 • from CLN August, 2025
Beyond the City Limits: How Rural Sheriff’s Departments Are Driving the Spike in Police Killings by David Kim A teenager fatally shot by a deputy on a roadway in New Mexico during the previous summer represents part of an escalating pattern of such incidents. While driving across the plains of …
Article • August 1, 2025 • from CLN August, 2025
Filed under: Habeas Corpus, AEDPA
Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA by Douglas Ankney In a case of first impression, the United States Court of Appeals for …
SCOTUS Announces Courts May Not Consider § 3553(a)(2)(A)—Retribution—When Deciding Whether to Revoke a Term of Supervised Release by Richard Resch The Supreme Court of the United States held that U.S. District Courts may not consider 18 U.S.C. § 3553(a)(2)(A), retribution vis-à-vis defendant’s underlying criminal offense, when determining whether to revoke a …
Article • August 1, 2025 • from CLN August, 2025
The Quiet Transformation of Government Data into a Mass Surveillance Tool by David Kim In recent years, the federal government has been repurposing data originally collected for public services—such as tax filing, health care enrollment, and labor oversight—into a powerful tool for mass surveillance and law enforcement. Fueled by executive …
Article • August 1, 2025 • from CLN August, 2025
California Court of Appeal: Trial Court Misconstrued Elements of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing by Sagi Schwartzberg The Court of Appeal for California, Fifth Appellate District, held that petitioner Tramell Vernon Taylor was entitled to resentencing on his …
Filing • July 31, 2025
Filed under: Censorship
HRDC v. Grayson County, TX, Settlement, Censorship, 2025 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION HUMAN RIGHTS DEFENSE CENTER § § vs. § § GRAYSON COUNTY, TEXAS; TOM WATT § in his individual capacity; and WILLIAM A § BENNIE, in his official capacity …
Brief • July 31, 2025
Filed under: Unlawful Detention
Tucker v. King County, WA, Settlement, Unlawful Detention, 2025 Case 2:24-cv-00002-RAJ Document 39-1 Filed 07/31/25 Ex. 1 Page 1 of 14 II Case 2:24-cv-00002-RAJ Document 39-1 Filed 07/31/25 Page 2 of 14 ,96 @?@C23=6*:492C5 "@?6D -?:E65+E2E6D:DEC:4E@FCE -&!,+,,+!+,*!,'-*, /+,*&!+,*!,'/+ !&,'& ,+,,$ &@ 4G *" %$!#,-#*2?5 *!&$/!$$!%+ (=2:?E:77D GD #!&'-&,0 /+ !&,'& …
Brief • July 31, 2025
Filed under: Unlawful Detention
Tucker v. King County, WA, Notice of Motion and Motion for Preliminary Approval of Class Action Settlement, Unlawful Detention, 2025 Case 2:24-cv-00002-RAJ Document 39 1 Filed 07/31/25 Page 1 of 25 The Honorable Richard A. Jones United States District Court 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN …
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