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Article • December 19, 2017
Faulty Forensics and Lab Scandals Highlight Urgent Need for Enforceable Scientific Standards by Matthew Clarke by Matt Clarke A 2009 report by the National Academy of Sciences (“NAS”) criticizing the varying quality of crime labs throughout the nation and questioning the scientific basis of several forensic methods that were routinely …
Article • December 19, 2017
This Activist Is Prying Loose Missouri Drug Task Force Records One Lawsuit at a Time by C.J. Ciaramella by C.J. Ciaramella Last month, a Missouri state circuit judge did something nearly unheard of: She punished a public official for flouting transparency laws. State Circuit Judge Patricia Joyce ruled that Cole County …
Article • December 19, 2017 • from CLN January, 2018
Eighth Circuit Reverses Summary Judgment on Ferguson Protestor’s Excessive Force Claim by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Eighth Circuit reversed summary judgment in favor of four police officers on an excessive force claim while arresting protestors of the Michael Brown police shooting death. …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Evidentiary Ruling
Ninth Circuit Suppresses Gang Affiliation Evidence Obtained Without Miranda Warnings by Mark Wilson by Mark Wilson The United States Court of Appeals for the Ninth Circuit affirmed the suppression of evidence of gang affiliation obtained without Miranda warnings. On July 4, 2012, Antonio Gilton was arrested for murder and invoked …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Evidentiary Ruling
Trump Administration Kills Obama’s Forensic Evidence Reliability Reform Efforts by Mark Wilson by Mark Wilson Less than three months into the Trump administration, the President’s assault on science, truth, and all things Obama reached the criminal justice system. Under Trump’s watch, a commission working to improve the reliability of forensic …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Transcripts
Georgia Supreme Court Grants New Trial After Trial Transcript Lost by Christopher Zoukis by Christopher Zoukis The Georgia Supreme Court unanimously ruled on October 2, 2017 that a convicted murderer was entitled to a new trial because the original trial transcript was destroyed in a fire, and the State’s efforts …
$450,000 Settlement to Whistleblower in Case of Framing by David Reutter by David Reutter The U.S. Court of Appeals for the Sixth Circuit ruled a one-legged woman exonerated of murder can sue a Kentucky State Police (“KSP”) detective whom the woman charged framed her. In connection with her case, a …
Article • December 19, 2017 • from CLN January, 2018
Idaho Supreme Court Reinstates Class Action Against the State Alleging Inadequate Public Defense System by Mark Wilson by Mark Wilson On April 28, 2017, the Idaho Supreme Court reversed the dismissal of a class action lawsuit alleging that Idaho’s public defense system violates federal and state constitutional standards. The Court …
Eighth Circuit Reverses Summary Judgment in Deadly Excessive Force Claim Because Reasonableness of Officers’ Actions Not Conclusively Established by David Reutter by David Reutter The U.S. Court of Appeals for the Eighth Circuit reversed the grant of summary judgment on an excessive force claim in which police officers shot a …
Article • December 19, 2017 • from CLN January, 2018
In Case of First Impression, Louisiana Supreme Court Holds Public Records Restriction Inapplicable to Defense Attorney’s Request for Client’s Files and Awards Fees by Mark Wilson by Mark Wilson The Louisiana Supreme Court held that an attorney representing an incarcerated felon is not subject to La. R.S. § 44:31.1 when …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Searches, Expert Witnesses
Ninth Circuit Reverses Summary Judgment on Unreasonable Seizure Claim by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Ninth Circuit reversed the dismissal of unreasonable seizure and First Amendment violation claims. The Court held that there were disputed issues of material fact on whether police had …
Article • December 19, 2017 • from CLN January, 2018
Ninth Circuit: Discovery Rule Applies to Judicial Deception Claims by Mark Wilson by Mark Wilson Applying the Discovery Rule in determining when the applicable two-year statute of limitations (“SOL”) begins to run on “judicial deception” claims, the U.S. Court of Appeals for the Ninth Circuit held that a claim brought …
Brief • December 18, 2017
Parada De Turcios v. County of Los Angeles, CA, Request and Order for Dismissal, Negligence (Motor Vehicle), 2017 CIV-110 ATTORNEY OR PARTf WITHOUT ATTORNEY: STATE BAR NO: Mark A. Anderson, Esq. KUZYK LAW, LLP STREET ADDRESS: 1700 West Avenue K, Suite 101 c1w Lan caster TELEPHONE NO.: (661) 945-6969 263655 …
Article • December 14, 2017
Changes to California’s Parole Scheme Not Unconstitutional by The Ninth Circuit Court of Appeals held the most recent voter approved changes to California’s parole laws do not violate the ex post facto clause. In 1988, California voters passed proposition 89, which amended the California constitution to grant the governor the …
Article • December 14, 2017
Filed under: Appeals, Bail Bonds
Second Circuit Certifies Question of Law in Bail Forfeiture Case to New York Court of Appeals by Lonnie Burton by Lonnie Burton On November 15, 2016, the U.S. Court of Appeals for the Second Circuit asked the New York Court of Appeals to resolve a question of New York law …
Article • December 14, 2017
Filed under: Appeals, Parole, Habeas Corpus
California Court of Appeals Vacates Parole Denial for Claiming Innocence by Matthew Clarke by Matt Clarke On September 1, 2015, a California court of appeal vacated the decision of the Board of Parole Hearings to deny parole to a prisoner who had been convicted of first-degree murder and sentenced to …
State Counsel for Offenders Report Review of the Operations of State Counsel for Offenders Report by the State Bar of Texas Legal Services to the Poor in Criminal Matters Committee1 Approved for Publication December 8, 2017 Disclaimer: The following report and the underlying research were completed by members of the …
Article • November 30, 2017
Connecticut Removal of Spanish-Speaking Juror Not Reversible Without Prejudice by Mark Wilson by Mark Wilson The Connecticut Supreme Court held that the improper exclusion of a prospective Spanish-speaking juror is not reversible unless prejudice is shown. Jeffrey P. Gould was tried on a Connecticut sex crime. While the prosecutor was …
Article • November 30, 2017
Michigan Court Forced to End “Pay or Stay” Policy by David Reutter by David Reutter A Michigan state district court judge was ordered to end a “pay or stay” policy that he used to toss poor defendants in jail for their inability to pay fines, fees and court costs. The …
Article • November 16, 2017 • from CLN December, 2017
Missouri Supreme Court Holds Probation Revocation for Nonpayment of Court Costs Unconstitutional by Mark Wilson by Mark Wilson The Missouri Supreme Court sitting en banc ruled that a sentencing court improperly revoked a defendant’s probation for failing to pay court costs without first inquiring into the reasons for his failure …
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