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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 …
Article • December 19, 2017
Texas Police Officer Still Has His Job After Multiple Excessive Force Settlements by In most jobs when an employee continues the same pattern of unacceptable behavior three times, he or she is immediately terminated. However, that is not the case for an officer with the Austin Police Department in Texas. …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Juveniles, Police
New California Law Safeguards Minors’ Rights When in Police Custody by On October 11, 2017, California Governor Jerry Brown signed into law much-needed protection for minors who are targeted by police for questioning. Senate Bill 395 requires that minors 15 years of age or younger consult with a lawyer in …
Article • December 19, 2017
Filed under: Police Misconduct, Searches
New Jersey Supreme Court Provides Guidance on “Exigent Circumstances” Warrantless Searches by Christopher Zoukis by Christopher Zoukis The New Jersey Supreme Court issued a ruling on July 25, 2017 in which it granted qualified immunity to a police officer accused of a police-created “exigent circumstances” search. But in the process …
Article • December 19, 2017
Report Finds States’ Suspension of Driver’s Licenses for Unpaid Fines Counterproductive by Derek Gilna by Derek Gilna The Legal Aid Justice Center released a report on September 26, 2017 that makes the argument the laws of 43 states that provide for the suspension of driver’s licenses for non-payment of traffic …
$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
What Do You Get for Kicking Handcuffed Suspects? Promoted and $130,000 Annual Pension for Life by Derek Gilna by Derek Gilna In most jobs, if you kick a defenseless person multiple times and attempt to cover it up, you will not only get fired, but will probably also get arrested …
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 …
Article • December 19, 2017 • from CLN January, 2018
Suffolk County District Attorney and Aide Indicted for Beating and Coverup by Derek Gilna by Derek Gilna Suffolk County, New York residents concerned about crime in their community apparently did not need to look any further than the activities of their own district attorney, Thomas Spota, 76. He and his …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Police Misconduct
Baltimore Police Department’s Misconduct Scandals Result in Hundreds of Dismissals and Indictment of Eight Officers by Derek Gilna by Derek Gilna A federal racketeering investigation into Baltimore Police Department misconduct has resulted in the dismissal of approximately 300 pending prosecutions and investigations into an additional 850, including some that were …
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
Oregon Supreme Court Announces Default Rule When Plea Agreement Silent About Reprosecution Upon Subsequent Death of Victim by Mark Wilson by Mark Wilson The Oregon Supreme Court upheld the dismissal of murder charges against a defendant who pleaded guilty under a plea agreement to assaulting a victim who subsequently died. …
Article • December 19, 2017 • from CLN January, 2018
New York Becomes First State to Require Trial Judges to Remind Prosecutors of Their Brady Obligations During All Criminal Trials by Christopher Zoukis by Christopher Zoukis New York Chief Administrative Judge Lawrence K. Marks issued a bold (and much needed) new rule on November 7, 2017. Intended to remind prosecutors …
Article • December 19, 2017 • from CLN January, 2018
DOJ Ends Unconstitutional Investigative Holds by Louisiana Police by David Reutter by David M. Reutter The U.S. Department of Justice (“DOJ”) determined that two Louisiana police agencies utilized unconstitutional “investigative holds.” The practice was used by the Evangeline Parish Sheriff’s Office (“EPSO”) and the Ville Platte Police Department (“VPPD”) to …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Searches, Arrestee Searches
Idaho Supreme Court: Officer Must Intend to Arrest Before Conducting a Search Incident to Arrest by Christopher Zoukis by Christopher Zoukis The Idaho Supreme Court handed down an opinion on September 22, 2017 that clarified an important exception to the requirement that police officers obtain a warrant prior to conducting …
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: Sentencing
Tennessee Supreme Court Clarifies Split Confinement Sentence Procedures by David Reutter by David Reutter In response to a federal district court’scertified questions of law, the Tennessee Supreme Court held that when imposing split confinement sentences under the Tennessee Sentencing Reform Act of 1989, a trial judge is authorized to fix …
Article • December 19, 2017 • from CLN January, 2018
Sentence Vacated Due to Improper Enhancement Under Sentencing Guidelines by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Second Circuit vacated an improperly enhanced sentence of 46 months for illegal reentry after deportation. In 2009, Roman Bartolo Genao, a national of the Dominican Republic, was …
Article • December 19, 2017 • from CLN January, 2018
Texas Attorney General Rules Civilly Committed Sex Offenders Entitled to Vote by Mail Ballot by Matthew Clarke by Matt Clarke In May 2017, Texas Attorney General Ken Paxton ruled that civilly committed sex offenders have a right to vote by mail ballot. The ruling puts an end to the confusion …
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