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Article • November 20, 2018
Wrongful convictions: Tax relief deadline for exonerees looms by Betty Nelander Exonerees can receive a special tax refund, thanks to a federal law that allows exonerees to recoup taxes paid on damages or restitution they received for their wrongful convictions.  However, the deadline for filing a claim — December 17, 2018 — is looming. Among …
Article • November 8, 2018
Exonerated Waukegan, Illinois, Man Receives $9 Million for Wrongful Conviction by Derek Gilna by Derek Gilna Jason Strong, a former Waukegan, Illinois, resident, settled a wrongful conviction lawsuit against that city and numerous surrounding suburbs for $9 million. Strong was arrested, tried, convicted, and sentenced to 46 years for the …
Article • November 6, 2018 • from CLN November, 2018
Texas Woman Receives Five Years in Prison for Illegal Voting After Criminal Conviction by Derek Gilna by Derek Gilna Crystal Mason, who had previously been convicted of tax fraud in 2011, will now serve a five-year sentence after being convicted in March 2018 of illegally voting in the 2016 presidential …
Article • November 6, 2018 • from CLN November, 2018
Ohio Governor Commutes Another Death Sentence by Ohio Governor John Kasich commuted another death sentence, his seventh, amid concerns from one of the jurors in the case that prosecutors hid crucial details about the defendant’s horrific upbringing and drug problems that would have swayed that juror to vote against the …
Article • November 6, 2018 • from CLN November, 2018
Nevada Supreme Court Announces Testimony at Probation Revocation Hearing Inadmissible in Later Criminal Proceeding by Dale Chappell by Dale Chappell Announcing a new rule to protect the constitutional rights of criminal defendants who face both probation revocation and new criminal charges, the Nevada Supreme Court held that testimony and evidence …
First Circuit Vacates Supervised Release Condition Effectively Prohibiting Contact with His Minor Children by Matthew Clarke by Matt Clarke On June 20, 2018, the U.S. Court of Appeals for the First Circuit held that a condition of supervised release prohibiting contact with minors without pre-approval from a probation officer in …
Article • November 1, 2018 • from CLN November, 2018
U.S. Supreme Court: Defendant Sentenced Pursuant to a Rule 11(c)(1)(C) Plea ‘Generally Eligible’ for Sentence Reduction when Guidelines Retroactivity Reduced by Christopher Zoukis by Christopher Zoukis The Supreme Court of the United States, in a 6-3 ruling, cleared up significant confusion in the circuit courts of appeals by ruling that …
Article • November 1, 2018 • from CLN November, 2018
Federal Judge Orders New Orleans Municipal Court System to Reform Money Bail by Derek Gilna by Derek Gilna On August 6, 2018, Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana ordered the New Orleans Municipal Court system to reform its money bond system, …
Article • November 1, 2018 • from CLN November, 2018
Filed under: Sentencing
U.S. Supreme Court: Plainly Miscalculated Guidelines Range Requires Appellate Court to Vacate Sentence in the Ordinary Case by Christopher Zoukis by Christopher Zoukis The Supreme Court of the United States ruled that when a district court plainly miscalculates a defendant’s Guidelines range and the mistake affects the defendant’s substantial rights, …
Article • November 1, 2018 • from CLN November, 2018
Filed under: Bail, Money/Property, Bail Bonds
Federal Judge Rules Cullman County, Alabama, Money Bond System Unconstitutional by Derek Gilna by Derek Gilna U.S. District Court Judge Madeline Hughes Haikala issued a preliminary injunction on September 13, 2018, which effectively ends the money bond system of Cullman County, Alabama, finding that it violates the Eighth Amendment, which …
Justice Policy Institute: The Ungers, 5 Years and Counting - A Case Study in Safely Reducing Long Prison Terms and Saving Taxpayer Dollars, 2018 NOVEMBER, 2018 1 Acknowledgments THIS REPORT IS THE RESULT OF THE COLLABORATIVE AND CUMULATIVE EFFORTS OF SEVERAL ORGANIZATIONS AND INDIVIDUALS OVER SEVERAL YEARS. THE “UNGER STORY” …
Article • October 31, 2018 • from CLN November, 2018
Rhode Island Supreme Court Takes on ‘Thorny Issues’ Presented by Sex Offender Registry Laws by Christopher Zoukis by Christopher Zoukis State legislatures across the nation seem unable to stop themselves from tinkering with and upgrading their sex offender registry laws. The Rhode Island Legislature is no exception, and continual changes …
The Power of the Prosecutor: A Personal Account by Ashley Sawyer by Ashley Sawyer, Campaign for Smart Justice Consultant, ACLU of Vermont Have you ever watched an episode of “Law & Order”? The creators do an amazing job of dramatizing the court process. The characters playing the prosecutors are always …
Article • October 31, 2018 • from CLN November, 2018
Filed under: Bail, Money/Property, Bail Bonds
Federal Judge Orders Accused Hacker to Post Bail in Bitcoin or Other Cryptocurrency by Derek Gilna by Derek Gilna Martin Marsich, a 25-year-old foreign national, was arrested on August 8, 2018, for hacking into Electronic Arts Company’s internal computer network and gaining access to approximately 25,000 customer accounts that are …
Article • October 31, 2018 • from CLN November, 2018
Second Circuit Rules Police Not Entitled to Qualified Immunity After Failing to Comply With Terms of Material Witness Warrant by Kevin Bliss by Kevin Bliss The U.S. Court of Appeals for the Second Circuit held that the detention of a prospective material witness for 18 hours in a holding cell …
Article • October 31, 2018 • from CLN November, 2018
Will Groundbreaking California Bail Reform Help or Hinder Defendants’ Likelihood of Pre-Trial Release? by Betty Nelander by Betty Nelander Gov. Jerry Brown hailed a sweeping cash bail elimination law in California as landmark, years-in-the-making legislation to fairly treat “rich and poor alike.” Whether it will keep more people out of …
Massachusetts Supreme Court Holds Seven-Year Delay and Inability to Receive Sex Offender Treatment While Awaiting SDP Trial Violates Due Process by Dale Chappell by Dale Chappell “While substantive due process permits limited confinement after a probable cause determination, it does not permit the Commonwealth to hold an individual indefinitely while …
Brief • October 30, 2018
Norfolk Four v. City of Norfolk, VA, Settlement Agreement, Wrongful Conviction, 2018
Article • October 25, 2018 • from CLN November, 2018
Conviction Integrity Units, Innocence Commissions Tackle Wrongful Convictions, Prosecutorial Misconduct by Steve Horn by Steve Horn Conviction integrity units, known as CIUs and sometimes referred to as conviction review units or CRUs, have in recent years become increasingly widespread in county prosecutors’ offices throughout the U.S. They sit alongside actual …
Washington Supreme Court Strikes Down Pornography Prohibition as Unconstitutionally Vague by Christopher Zoukis by Christopher Zoukis The Supreme Court of Washington held a community custody condition preventing a probationer from possessing or accessing pornography unconstitutionally vague under the First Amendment because the prohibition also extended to works of art, books, …
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