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Article • February 16, 2018 • from CLN March, 2018
Hawaii Supreme Court: Defendants Entitled to Hearing Within 2 Days by Dale Chappell by Dale Chappell There is a “strong presumption” a defendant held in custody beyond two days without a preliminary hearing (or other method to show probable cause), absent “compelling circumstances,” must be released, the Hawaii Supreme Court …
Article • February 16, 2018 • from CLN March, 2018
Seventh Circuit: Capital Case Defendant Denied Pro Se Right Granted Habeas Relief by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Seventh Circuit granted a state prisoner’s petition for habeas corpus relief because the prisoner was denied his right to proceed pro se at trial, in …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Criminal Procedure
Jury Nullification: A Crucial Check on Government Power by Christopher Zoukis by Christopher Zoukis The power of government in everyday American life cannot be overstated. In the criminal justice setting, the government is essentially all-powerful. When accused of a crime, a citizen faces arrest at the hands of armed police, …
U.S. Murder Clearance Rates Among Lowest in the World by Matthew Clarke by Matt Clarke Statistically, U.S. law enforcement agencies are the worst crime solvers in the Western world. According to official data, there are arrests for about one-eighth of burglaries, about one-third of rapes, and about two-thirds of murders. …
Article • February 16, 2018 • from CLN March, 2018
California Legalization of Marijuana Allows Convicted to Petition by Derek Gilna by Derek Gilna Proposition 64, which legalizes the sale of recreational marijuana in the state of California, also has a less publicized benefit for those with state marijuana felonies on their record. It allows them to petition to have …
Article • February 16, 2018 • from CLN March, 2018
Second Circuit Vacates 60-Month Sentence in Model Guidelines Sentencing Decision by This is a model guidelines sentencing decision filled with nuggets of pure gold in which the district judge (Katherine Forrest of the S.D.N.Y.) was sharply rebuked for imposing an above-guidelines sentence in an illegal reentry case that was three …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Criminal Procedure
California Court of Appeal: Prejudice “Presumed” Where Jury Discussed Defendant’s Decision Not to Testify by Dale Chappell by Dale Chappell A jury’s multiple discussions about why a defendant chose not to testify, despite the court’s warnings not to consider them, were sufficient misconduct to presume prejudice, the Court of Appeal …
Article • February 16, 2018 • from CLN March, 2018
Massachusetts Supreme Court: Permanent Ban on Sealing Record of Sex Offender Unconstitutional by Dale Chappell by Dale Chappell In 1995, Kristi Koe was convicted of rape and abuse of a child. The underlying acts occurred in 1990. The Sex Offender Registry Board (“SORB”) recommended she be classified as a level …
Article • February 16, 2018 • from CLN March, 2018
Rhode Island Supreme Court Rules “Backseat Driver” Is a Real Thing Under Criminal Statutes by Christopher Zoukis by Christopher Zoukis The Rhode Island Supreme Court has determined that a passenger in the back seat of a vehicle who lunges forward and jerks the steering wheel qualifies as an “operator” of …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Searches
Iowa Supreme Court: Search of Third-Party at Premises Subject to Warrant Violates State Constitution by Richard Resch by Richard Resch Police obtained a search warrant for a residence. Jeffrey Sickles was identified as a person to be searched in the warrant. An attached police affidavit stated that his sister listed …
Article • February 16, 2018 • from CLN March, 2018
Survival Tip: Don’t Call Cops If You’re Disabled by Dale Chappell by Dale Chappell Because police are trained to shoot first and ask questions later, calling on them to defuse a situation involving someone with special needs should be a last resort. The problem is that when cops are trained …
Article • February 16, 2018 • from CLN March, 2018
San Francisco and San Diego Expunging Marijuana Convictions Under Prop 64 by San Francisco District Attorney George Gascón is acting upon a provision of Proposition 64 that has received relatively little media attention but is nonetheless extremely significant for tens of thousands of individuals—reduction, dismissal, or expungement of certain previous …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Forfeiture
Ninth Circuit: Government Cannot Seize Cash Based Solely on Money’s Intended Use by Christopher Zoukis by Christopher Zoukis The Ninth Circuit Court of Appeals ruled that the Eighth Amendment to the U.S. Constitution prohibits the government from seizing cash intended for drug use unless some step was taken toward actually …
Unjust Sexual Offense Laws: Insanity and Hope by Ken Abraham, Brenda Jones by Ken Abraham and Brenda Jones Unjust Laws Over the past 25 years, the U.S. has developed a pernicious system of sexual offense laws, including increased sentences and public registries of offenders. Based largely on unfounded hysteria surrounding …
Article • February 16, 2018 • from CLN March, 2018
Oregon Appeals Court: Defense Counsel Constitutionally Inadequate in Sexual Abuse Case by Mark Wilson by Mark Wilson The Oregon Court of Appeals upheld a post-conviction court’s judgment that a criminal defendant was denied effective assistance of trial counsel when his lawyer failed to object to an expert witness vouching for …
Article • February 16, 2018 • from CLN March, 2018
Ninth Circuit Warns Prosecutors Against Interfering With Defendants’ Legal Representation; Reverses First-Degree Murder Convictions by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit determined that James Michael Wells did not receive a fair trial, reversed his first-degree murder convictions, and remanded for a new …
Article • February 16, 2018 • from CLN March, 2018
$5.5 Million Verdict Against LAPD for Taser Death of Former Marine by Derek Gilna by Derek Gilna The City of Los Angeles has beenhit with a $5.5 million jury verdict in November of 2017 for the death of a former Marine who was Tased six times in a row by …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Public Defenders
Overworked Missouri Public Defenders Fear Suspensions and Firing by Mark Wilson by Mark Wilson "They just demonstrated they’re going to prosecute us, and the Supreme Court just demonstrated that they’re going to punish us,” said Michael Barrett, director of the Missouri public defender system, in response to the suspension of …
Prosecutor’s “Animosity” Toward Defense Leads Oregon Appeals Court to Vacate Convictions by Mark Wilson by Mark Wilson The Oregon Court of Appeals concluded that a prosecutor’s criticism of defense counsel during closing argument “crossed the boundary of permissible argument and prejudiced defendant’s right to a fair trial.” Doug Brunnemer was …
Article • February 16, 2018 • from CLN March, 2018
$9.5M Settlement Approved by Chicago City Council for Yet Another Excessive Force Case by Derek Gilna by Derek Gilna The Chicago City Council approved yet another multi-million dollar settlement for excessive force on September 5, 2017, but this time, some members complained about the steep tab.   Jose Lopez was rendered …
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