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Article • November 1, 2023 • from CLN November, 2023
Michigan Supreme Court Holds Guilty Plea Cannot Be ‘Voluntary and Knowing’ When Induced by Inaccurate Understanding of Minimum and Maximum Prison Sentence by David Reutter by David M. Reutter The Supreme Court of Michigan held that a guilty plea cannot be understandingly or knowingly entered into when it was, in …
Article • November 1, 2023 • from CLN November, 2023
California Supreme Court Clarifies Harmless-Error Analysis of Alternative-Theory Error, Reverses and Remands Where Court of Appeal Applied Incorrect Standard by Douglas Ankney by Douglas Ankney The Supreme Court of California reversed a judgment of the Court of Appeal (“COA”) and remanded because the COA incorrectly applied the harmless-error analysis of …
Study Reveals Important Details About iPhone’s Building Level Registration Reliability by Jo Ellen Nott by Jo Ellen Nott In a stabbing case in The Hague, Netherlands, a suspect facing charges in the deadly incident denied his involvement. Wanting to prove his presence at the crime scene, the Dutch police turned …
Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit explained …
Article • November 1, 2023 • from CLN November, 2023
10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s sentence where the U.S. District Court for the District of Colorado improperly applied a Guidelines …
Article • November 1, 2023 • from CLN November, 2023
Study: ‘Inconclusive Finding’ by Examiner of Cartridge Casing Should Be Finding of ‘Excluded’ 85% of the Time by Douglas Ankney by Douglas Ankney A recent study by researchers from Arizona State University (“ASU”) “found that 85% of cartridge cases that were judged inconclusive by forensic firearm examiners were actually fired …
Article • November 1, 2023 • from CLN November, 2023
Facial Recognition Software Gives Unreliable Results with Black Individuals and Leads to Unlawful Arrests by Jo Ellen Nott by Jo Ellen Nott Two faculty members at Georgia State University in Atlanta in the Department of Criminal Justice & Criminology wrote in the May 18, 2023, edition of Scientific American Technology …
Article • November 1, 2023 • from CLN November, 2023
ICE Employees Caught (Again) Misusing Access to Databases by Jordan Arizmendi by Jordan Arizmendi It seems every month, a new story emerges about how ICE (U.S. Immigration and Customs Enforcement) egregiously abuses its power. Just a few weeks ago, Wired published an article about how ICE was improperly demanding data …
Fourth Circuit: Evidence Suppressed Where Officers Seized Defendant Without Reasonable Suspicion and Forced Him to Prove He Was Not Armed by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Fourth Circuit held a district court erred in denying a defendant’s suppression motion regarding an unreasonable …
Article • November 1, 2023 • from CLN November, 2023
Electrocution by Taser Is Not Death From Excited Delirium by Douglas Ankney by Douglas Ankney A rose by another name may still be a rose, but electrocution by a cop’s taser is deemed death from excited delirium. At least, that was the determination until recently. In March 2023, the National …
Article • November 1, 2023 • from CLN November, 2023
New Jersey Supreme Court Announces Presumption in Favor of In-Person Interpreter for Criminal Trials and Issues Guidelines for Use of Video Remote Interpreting by Matthew Clarke by Matt Clarke In a case of first impression, the Supreme Court of New Jersey held that there is a presumption in favor of …
Article • November 1, 2023 • from CLN November, 2023
Sheep and Sheepdogs: Use and Abuse of Non-Lethal Crowd Control Weapons by Benjamin Tschirhart by Benjamin Tschirhart   To understand the true gap between the role of the police as understood by the public (to protect and serve) and as understood by the police themselves, one need look no further than …
Article • November 1, 2023 • from CLN November, 2023
Arizona Attorney General Settles Lawsuit, Agrees to Toss Unconstitutional Law Banning the Recording of Cops by Jo Ellen Nott by Jo Ellen Nott In a victory for the First Amendment, the Arizona Attorney General agreed to settle a lawsuit brought in August 2022 challenging a state law that banned recording …
Article • November 1, 2023 • from CLN November, 2023
Fourth Circuit Vacates Denial of First Step Act Relief Where Record Unclear Whether District Court Considered All Nonfrivolous Arguments Raised by Defendant by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit vacated the denial of a motion seeking a sentence reduction under § 404(b) of …
Colorado’s Amendments to Post-Conviction DNA Testing Statute Allows Greater Number of Affected Persons to Seek Testing by Douglas Ankney by Douglas Ankney On March 10, 2023, Governor Jared Polis signed House Bill 1034 (“HB 1034”) into law, opening the door to a greater number of people convicted of felonies to …
Article • November 1, 2023 • from CLN November, 2023
Sixth Circuit: Plain Error Where District Court Required Defendant at Resentencing to Admit Guilt in Order to Fully Consider Defendant’s Evidence of Rehabilitation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit found plain error where the U.S. District Court for the Middle District …
Article • November 1, 2023 • from CLN November, 2023
Gunshot Detection Technology Continues to Acquire New Business Despite Major Clients Dropping Contracts and Researchers Questioning Its Effectiveness by Jo Ellen Nott by Jo Ellen Nott SoundThinking is a California-based tech company formerly known as ShotSpotter that sells systems to detect gunshot sounds and relay that information to law enforcement …
Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the Western District of …
Computing Fear in Black and Brown Communities by Michael Thompson by Michael Dean Thompson Over 50 years ago, fear of crime was even then associated in the minds of the governing bodies with Black and brown communities. An effort to combat crime based on that fear spurred the creation of …
Article • November 1, 2023 • from CLN November, 2023
DOJ Concludes Louisville Police Engaging in Patterns of Unconstitutional Conduct by Douglas Ankney by Douglas Ankney After conducting a two-year investigation in the wake of the fatal shooting of Breonna Taylor by police, the U.S. Department of Justice (“DOJ”) concluded that the Louisville Metro Police Department (“LMPD”) engages in patterns …
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