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Article • December 15, 2023 • from CLN December, 2023
Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury by Matthew Clarke by Matt Clarke The Supreme Court of Kentucky reversed convictions for first-degree wanton endangerment (“FDWE”) and first-degree persistent felony offender, holding that the trial court …
Article • December 15, 2023 • from CLN December, 2023
California Supreme Court Reinstates Petition for Resentencing Under SB 1437 Because Trial Court Misapprehended Le-gal Requirements for Proving Aiding and Abetting Implied Malice Murder by Matthew Clarke by Matt Clarke The Supreme Court of California reinstated a prisoner’s petition for resentencing pursuant to Senate Bill No. 1437 (2017-2018 Reg. Session) …
Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit held a District Court commits “procedural error by failing to appreciate the scope …
Article • December 15, 2023 • from CLN December, 2023
Fourth Circuit Reverses § 924(c) Conviction Because Kidnapping No Longer Qualifies as Predicate Offense and ‘Critical Record Documents’ Do Not Show Firearm Charge Was ‘Expressly Predicated Upon’ Any Other Offense by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit reversed Elliott B. Graham’s 18 …
Article • December 15, 2023 • from CLN December, 2023
Sixth Circuit: Because Ohio’s Aggravated Robbery Statute Does Not Contain Mens Rea Requirement, Conviction Is Violent Felony Under ACCA Only if Underlying Theft in Robbery Contains Required Mens Rea by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that because Ohio’s aggravated robbery …
New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors by Anthony Accurso by Anthony W. Accurso New Mexico Governor Michelle Lujan Gresham signed SB64, the No Life Sentences for Juveniles Act, into law on March 17, 2023, ending life without parole (“LWOP”) sentencing for offenders …
Article • December 15, 2023 • from CLN December, 2023
Chicago Cop Lied So Many Times Under Oath That Prosecutors Are Dismissing Cases That Relied on His Testimony by Jordan Arizmendi by Jordan Arizmendi As an old and wise theologian once said, “A half-truth is a whole lie.” If we are to take those words to heart, then what should …
Article • December 15, 2023 • from CLN December, 2023
Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement by Casey Bastian by Casey J. Bastian “Having an encounter with police … is an unsettling encounter for anybody, but for someone with autism, it can be extremely distressing.” — Helen Lyons, Metropolitan Police Detective Superintendent, Adults Neglected, Vulnerable and Abused …
West Virginia Supreme Court Announces in the Absence of a Deadline, Trial Court Must Permit Defendant to Stipule to Prior Conviction During Trial by Douglas Ankney by Douglas Ankney The Supreme Court of Appeals of West Virginia held that, where a trial court has not set a deadline for submitting …
Article • November 1, 2023 • from CLN November, 2023
Geofencing January 6th by Michael Thompson by Michael Dean Thompson The breaching of the Capitol on January 6, 2021, shocked many Americans. Government filings uncovered since then suggest that even as the unrest raged, law enforcement had begun filing geofence warrants. We now understand that 1,535 names associated with phones …
Article • November 1, 2023 • from CLN November, 2023
Three’s a Crowd: Issues of DNA Mixture Analysis and Interpretation by Eike Blohm, MD by Eike Blohm M.D. A study funded by the National Institute of Justice recently found that the vast majority of forensic laboratories had difficulty correctly interpreting DNA samples derived from three donors. Over 99.9% of our …
New Mexico Supreme Court Announces Trial Courts Retain Common Law Jurisdictional Authority to Correct Illegal Sentences, Allows Defendant to Withdraw Plea After Sentence Correction Involving Additional Parole Time by Anthony Accurso by Anthony W. Accurso The Supreme Court of New Mexico allowed a defendant to withdraw his plea deal after …
Article • November 1, 2023 • from CLN November, 2023
Filed under: News in Brief
News in Brief by Alabama: According to The New York Times, the most notable sack and fumble of the Jefferson County high school football game on September 14, 2023, came after the game ended and the police were in the process of clearing the stadium. In the tradition of historically …
Article • November 1, 2023 • from CLN November, 2023
Your Car Is Spying on You by Michael Thompson by Michael Dean Thompson While it is true that Americans tend to carry their cellphones as grafted appendages, it may be that their cars know even more about them than their cellphones. Consider the following scenario: Jane sees that her car …
People of Maine at Forefront of Battle to Keep Government Security Apparatus in Check by Douglas Ankney by Douglas Ankney The people of Maine have made a bold step in corralling the “unaccountable power of fusion centers” with the passage of HP 947, An Act to Increase the Transparency and …
Article • November 1, 2023 • from CLN November, 2023
A Nation of Snitches: DHS Is Grooming Americans to Report on Each Other by John W. Whitehead, Nisha Whitehead By John & Nisha Whitehead September 19, 2023 “There were relatively few secret police, and most were just processing the information coming in. I had found a shocking fact. It wasn’t the …
Article • November 1, 2023 • from CLN November, 2023
Montana Supreme Court: Retroactive Application of Montana’s Sex Offender Registration Law, as Amended Since 2007, Violates Ex Post Facto Clause of State Constitution by Douglas Ankney by Douglas Ankney The Supreme Court of Montana held that retroactive application of Montana’s Sexual or Violent Offender Registration Act (“SVORA”), as amended beginning …
Article • November 1, 2023 • from CLN November, 2023
Checking In With Community Supervision by Anthony Accurso by Anthony W. Accurso A new report from PrisonPolicy.org was released with the purpose of informing prison policymakers and the public about the true costs of the criminal justice system, which includes both prisons and various forms of community supervision – probation, …
Article • November 1, 2023 • from CLN November, 2023
Filed under: Attorney Fees (PLRA)
New Jersey Takes First Steps in Eliminating Public Defender Fees by Jordan Arizmendi by Jordan Arizmendi Although advocates say there is still work to do to ensure New Jersey public defenders don’t come with a price tag attached, New Jersey Governor Phil Murphy (D) took the first giant step earlier …
Article • November 1, 2023 • from CLN November, 2023
Ninth Circuit: Younger Abstention Doctrine Inapplicable Where Habeas Petitioner Seeks Stay While § 1172.6 Petition in State Court Being Litigated and Petitioner Entitled to Stay of Habeas Proceedings While State Petition Pending by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that the …
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