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Article • March 16, 2018 • from CLN April, 2018
California Supreme: “Beyond a Reasonable Doubt” Standard for Second Strike by Edward Lyon by Edward B. Lyon California is well known for its harsh Three Strikes law, which enhances prison terms for certain repeat offenders. Under that law, defendants whose first felony was “serious or violent” are classified as a …
Not Disclosed: NSA-Obtained Evidence by Derek Gilna by Derek Gilna The Intercept has revealed that Foreign Intelligence Surveillance Act (“FISA”) evidence is frequently being used to convict people in federal court without disclosing to defendants that such evidence is being relied upon, as required by federal law. “The FBI frequently searches …
Article • March 16, 2018 • from CLN April, 2018
Video: A Two-Edged Sword by Michael Avery by Michael Avery A great deal has changed since I started bringing civil rights suits against the police almost 50 years ago. Some things are for the better, others for the worse. Unfortunately, there’s also much that hasn’t changed. The cops are still …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Police Misconduct
$4.8 Million Settles Kansas City Police Shooting by Matthew Clarke by Matt Clarke In September 2017, the terms of a $4.8 million confidential settlement between the Kansas City Police Department and an unarmed man whom police officers shot 20 times were made public. The man had sued police for using …
Article • March 16, 2018 • from CLN April, 2018
Pennsylvania Supremes: Modified “Vertical” Approach to Collective Knowledge Doctrine by Richard Resch by Richard Resch In January 2018, the Pennsylvania Supreme Court refined the contours of the collective knowledge doctrine as it exists in the Commonwealth. The doctrine relates to the warrantless seizure of a person by an officer acting as …
Article • March 16, 2018 • from CLN April, 2018
Defense Fails to Present Diminished Capacity, Ninth Circuit Vacates Murder Convictions by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit granted a California state prisoner’s petition for a writ of habeas corpus and vacated the prisoner’s convictions for first degree murder. The Court, in …
Article • March 16, 2018 • from CLN April, 2018
Kansas Supremes: No Lifetime Post-Release Supervision by Derek Gilna by Derek Gilna The Kansas Supreme Court vacated sentences in which the district court had imposed lifetime post-release supervision on a defendant convicted of attempted first-degree murder, first-degree murder, aggravated assault, and illegal use of a communication facility. The Court held …
Article • March 16, 2018 • from CLN April, 2018
Mass. Disciplines Prosecutors: No More Business as Usual by Derek Gilna by Derek Gilna Prosecutorial misconduct is considered a cancer by many criminal justice experts, eating away at the credibility, moral authority, and public support for the criminal justice system. However, the recent actions of the Massachusetts Board of Bar Overseers …
Article • March 16, 2018 • from CLN April, 2018
Miranda Violation: 9th Circuit Reverses Murder Conviction by Christopher Zoukis by Christopher Zoukis The Ninth Circuit Court of Appeals reversed the murder conviction of a 14-year-old boy who confessed to the crime after invoking his right to counsel. The Court concluded that the boy’s Miranda rights were violated. The September …
Law Enforcement Scrambles to Hide Stingray Use by Derek Gilna by Derek Gilna Privacy experts have warned against the use of Stingray technology since its existence was first revealed. This device permits the user to locate individuals by tracking the signals emitted by their cell phones. Dozens of large law enforcement …
Officer-Involved Shooting Data? Hard to Find! by Christopher Zoukis by Christopher Zoukis How often do police officers shoot Americans? How many people do they kill? What color were victims of police shootings? Were they armed? It would seem reasonable that an informed citizenry that employs an enormous paramilitary police force …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Criminal Procedure, DUI
Defendant’s Right to Testify Violated: Hawaii Supreme Vacates Conviction by Norma Gonzalez by Norma Gonzalez The Supreme Court of Hawaii vacated the defendant’s conviction for operating a vehicle under the influence of an intoxicant because the defendant’s waiver of the right to testify was not voluntarily, intelligently, and knowingly made. …
Article • March 16, 2018 • from CLN April, 2018
Georgia Attempts to Limit Access to Official State Law by Derek Gilna by Derek Gilna The State of Georgia has sued to block publication on the internet of its Official Code of Georgia Annotated (“OCGA”) by a nonprofit organization called Public Resource. The group wants to publish the OCGA on the …
Article • March 16, 2018 • from CLN April, 2018
Sheriff Wanted Medical Examiner to Alter Reports by Dale Chappell by Dale Chappell A pair of San Joaquin County forensic pathologists recently quit, citing abusive treatment working under Sheriff Steve Moore. They say Moore tried to influence their decisions in cases, especially on deaths that occurred at the hands of …
Article • March 16, 2018 • from CLN April, 2018
Witness Misidentification: Ohio Man’s 14 Convictions Vacated by Mark Wilson by Mark Wilson An Ohio man who was convicted of a violent home invasion robbery on the basis of faulty eyewitness identifications was exonerated just minutes before being sentenced to a lengthy prison term. On February 5, 2017, a man …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Criminal Procedure
Texas: Retroactive Application of Law That Decriminalized Specific Conduct Not Violation of Separation of Powers by Dale Chappell by Dale Chappell The Court of Criminal Appeals of Texas (“CCA”) held that the state legislature does not violate the Separation of Powers Clause of the Texas Constitution when it exercises its power …
Article • March 16, 2018 • from CLN April, 2018
Data: High Rate of Sexual Abuse by Cops by Christopher Zoukis by Christopher Zoukis Police officers in America hold powerful positions. These heavily armed men and women make daily decisions that greatly affect the citizens with whom they interact. Unfortunately, some cops misuse the power granted to them by abusing …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Police Misconduct
$ Millions to Settle Philly Police Misconduct Cases by Derek Gilna by Derek Gilna Philadelphia is the latest big city in the spotlight after a series of big-money settlements to resolve dozens of police misconduct cases. According to court records, more than 300 lawsuits against narcotics officers with the Philadelphia …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Bail Bonds
Fight Mass Incarceration? There’s an App for That by Derek Gilna by Derek Gilna In the eyes of many, the American justice system is in need of reform on several levels, especially in the area of bail. Pretrial detainees account for 70% of the incarcerated, and many are behind bars …
Archibald v. County of San Bernardino, CA, Verdict, Police Shooting, 2018 ; .. Case 5:16-cv-01128-AB-SP Document 154 Filed 03/13/18 Page 1 of 5 Page ID #:2528 1 ORIGINAL DUPLICATE 2 r--- ·· 3 ·-fl fa CLERK, \J.~. :llSTrdC f l. ·.-l ir\: 4 5 HAR l 3 2018 6 ~ENTRAL …
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