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Article • November 1, 2023 • from CLN November, 2023
ICE Tramples Over the Judicial System by Jordan Arizmendi by Jordan Arizmendi ICE stands for U.S. Immigration and Customs Enforcement, which is a federal agency under the U.S. Department of Homeland Security. The ICE website proclaims that its “primary focus” is “securing our nation’s borders and safeguarding the integrity of …
Article • November 1, 2023 • from CLN November, 2023
U.K. Study of Consistency Among Pairs of Child Witnesses Shows Surprising Results by Matthew Clarke by Matt Clarke A recent report on a study of the consistency among pairs of child witnesses published in the U.K. journal Legal and Criminological Psychology showed the surprising result that neither the age of …
Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding by Douglas Ankney by Douglas Ankney In a case of first impression in the Circuit, the U.S. Court of Appeals for the Third Circuit held that a federal prisoner appealing a District …
Article • October 1, 2023 • from CLN October, 2023
Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit reversed a District Court’s dismissal of Larone F. Elijah’s …
Article • October 1, 2023 • from CLN October, 2023
D.C. Circuit Orders New Trial Due to Brady Violations Involving Source of Information, Not Withholding of Information Itself by Richard Resch by Richard Resch The U.S. Court of Appeals for the D.C. Circuit held that the prosecution violated its Brady disclosure obligations by withholding multiple law enforcement reports from the …
Article • October 1, 2023 • from CLN October, 2023
Texas Court of Criminal Appeals Holds Granting Motion for New Trial Because ‘Verdict Is Contrary to Law and Evidence,’ Without Further Explanation, Bars Retrial by Matthew Clarke by Matt Clarke In a case of first impression, the Court of Criminal Appeals of Texas held that granting a motion for new trial …
Article • October 1, 2023 • from CLN October, 2023
Third Circuit Vacates Possession of Cocaine Conviction Due to Insufficient Evidence to Support Weight Element by David Reutter by David M. Reutter On July 7, 2023, the U.S. Court of Appeals for the Third Circuit, in a precedential ruling, ordered a defendant to be resentenced after it found there was …
Article • October 1, 2023 • from CLN October, 2023
How the Backdoor Loophole Enables the FBI to Search Your Communications Without a Warrant by Michael Thompson by Michael Dean Thompson The 2008 Foreign Intelligence ­Surveillance Amendments Act (“FAA”) Section 702 (codified as 50 U.S.C. § 1881A) exists to facilitate the capture of the communications of foreign actors as they pass …
Article • October 1, 2023 • from CLN October, 2023
Ninth Circuit Announces No Deference to Application Note 1 to Guideline § 4B1.2(b) Because It Impermissibly Expands Definition of ‘Controlled Substance Offense’ by Douglas Ankney by Douglas Ankney In deepening an already wide Circuit split, the U.S. Court of Appeals for the Ninth Circuit announced that the Court cannot defer …
Article • October 1, 2023 • from CLN October, 2023
Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit vacated the U.S. District Court for the Eastern District of …
Article • October 1, 2023 • from CLN October, 2023
Digital Voiceprinting Is Not Ready for Court by Anthony Accurso by Anthony W. Accurso New techniques using artificial intelligence to analyze voices fall short of meeting the standard for court admissibility, but that hasn’t stopped police from coercing plea deals out of defendants while claiming the “evidence” against them is …
Oregon Supreme Court Clarifies Mansor Ruling for Search Warrants for Digital Data and Announces Framework for Suppression When Warrant Contains Both Constitutional and Unconstitutional Search Categories by Anthony Accurso by Anthony W. Accurso The Supreme Court of Oregon clarified the procedure, flowing from its previous doctrine on cellphone searches, for …
Article • October 1, 2023 • from CLN October, 2023
Filed under: News in Brief
News in Brief by Arizona: According to information attained by Hatewatch, the leader of the extremist Constitutional Sheriffs and Peace Officers Association emailed a video regarding an investigation into his son which could potentially cause the father to be prosecuted. Richard Mack sent a video of his son’s alleged child …
Article • October 1, 2023 • from CLN October, 2023
Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that Kansas law permits a defendant to file a motion to correct an illegal sentence in appellate court on …
Article • October 1, 2023 • from CLN October, 2023
U.S. Sentencing Commission Publishes Compassionate Release Datafile for Fiscal Years 2020-­2022 by Casey Bastian by Casey J. Bastian In September 2022, the U.S. ­Sentencing Commission (“USSC”) published its Compassionate Release Datafile (“Datafile”). The Datafile reported the statistics concerning motions for compassionate release filed between October 1, 2019, through March 31, …
Article • October 1, 2023 • from CLN October, 2023
SCOTUS Announces Pending Investigation or Proceeding Is Not Required for an Offense to be ‘Related to Obstruction of Justice’ and Qualify as ‘Aggravated Felony’ in Removal of Noncitizen by Douglas Ankney by Douglas Ankney Resolving a conflict among the U.S. Courts of Appeals, the Supreme Court of the United States …
Article • October 1, 2023 • from CLN October, 2023
We’re All Suspects in a DNA Lineup, Waiting to be Matched with a Crime by John W. Whitehead, Nisha Whitehead By John & Nisha Whitehead August 21, 2023 “Make no mistake about it … your DNA can be taken and entered into a national DNA database if you are ever arrested, rightly …
Article • October 1, 2023 • from CLN October, 2023
California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-­Murder Theory by Douglas Ankney by Douglas Ankney The Supreme Court of California vacated Tyree Ferrell’s second degree murder conviction because his jury was instructed on a now invalid theory of felony-­murder and the jury’s finding …
Article • October 1, 2023 • from CLN October, 2023
Filed under: New Trial Motions, AEDPA
U.S. Supreme Court Announces § 2255(e)’s ‘Saving Clause’ Does Not Enable Prisoners to File § 2241 Petition Based on AEDPA’s Rule Against Second or Successive § 2255 Motions by Douglas Ankney by Douglas Ankney Resolving a split among the U.S. Courts of Appeals, the Supreme Court of the United States …
Article • October 1, 2023 • from CLN October, 2023
Filed under: Databases, Pro Se Issues
‘Data for Defenders’: Valuable New Resource for Defense Counsel and Pro Se Litigants by Jordan Arizmendi by Jordan Arizmendi A new open access database called “Data for Defenders,” a project of MDefenders program at the University of Michigan Law School, is a valuable tool for defenders. The resources available in …
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