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Maryland Supreme Court: Firearms Identification Methodology Does Not Provide Reliable Basis for Expert’s Unqualified Opinion That Bullets Recovered at Crime Scene Were Fired From Defendant’s Gun
Article • October 1, 2023 • from CLN October, 2023
Filed under: Expert Witnesses, junk science, Gun Laws/Crimes
Maryland Supreme Court: Firearms Identification Methodology Does Not Provide Reliable Basis for Expert’s Unqualified Opinion That Bullets Recovered at Crime Scene Were Fired From Defendant’s Gun by Douglas Ankney by Douglas Ankney The Supreme Court of Maryland (formerly known as the Court of Appeals of Maryland) held that the methodology …
California Court of Appeal: Trial Court Abused Discretion in Failing to Recall Terminally Ill Prisoner’s Sentence Following CDCR’s Recommendation for Compassionate Release
Article • October 1, 2023 • from CLN October, 2023
Filed under: Inadequate Health Care Facilities, Compassionate Release
California Court of Appeal: Trial Court Abused Discretion in Failing to Recall Terminally Ill Prisoner’s Sentence Following CDCR’s Recommendation for Compassionate Release by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Sixth Appellate District, held that the Monterey County Superior Court plainly abused its discretion when it …
American Bar Association’s 2023 Plea Bargain Task Force Report
Article • October 1, 2023 • from CLN October, 2023
Filed under: Plea Bargaining
American Bar Association’s 2023 Plea Bargain Task Force Report by Carlo Difundo by Carlos DiFundo Trial by jury is thought by some to be a pivotal part of democracy, yet it is disappearing. For example, Texas, New York, and Pennsylvania have trial rates below 3%. Similarly, in the federal courts …
Sixth Circuit: Sentence Procedurally Unreasonable Where District Court Failed to Explain Decision to Impose Consecutive Sentences and Substantively Unreasonable Where Court Improperly Weighed Sentenci...
Article • October 1, 2023 • from CLN October, 2023
Filed under: Failure to Explain Consequences, Concurrent and Consecutive Sentences, Impermissible Factors
Sixth Circuit: Sentence Procedurally Unreasonable Where District Court Failed to Explain Decision to Impose Consecutive Sentences and Substantively Unreasonable Where Court Improperly Weighed Sentencing Factors by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that Andrew Damarr Morris’ sentence was procedurally unreasonable because …
Closed Circuit Cameras: Not the Objective Lenses We’re Told
Article • October 1, 2023 • from CLN October, 2023
Filed under: Security Systems, Electronic Surveillance, Video Cameras
Closed Circuit Cameras: Not the Objective Lenses We’re Told by Benjamin Tschirhart by Benjamin Tschirhart The camera is the ultimate symbol of faithful and accurate recording in the public consciousness. Photographs and camera footage command overwhelming respect and deference from candid, everyday selfies all the way to court proceedings. “The …
Database Containing 450,000 Records of NYPD Misconduct Now Available
Article • October 1, 2023 • from CLN October, 2023
Filed under: Police Misconduct, Databases
Database Containing 450,000 Records of NYPD Misconduct Now Available by Douglas Ankney by Douglas Ankney In June 2023, the Legal Aid Society made available to the public a new database with over 450,000 searchable records of New York Police Department (“NYPD”) and Department of Corrections (“DOC”) officers with the goal …
Ninth Circuit Announces District Courts Have Discretion to Consider Non-­Retroactive Changes in Post-­Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reducti...
Article • October 1, 2023 • from CLN October, 2023
Filed under: Retroactivity, U.S. Sentencing Guidelines, Resentencing
Ninth Circuit Announces District Courts Have Discretion to Consider Non-­Retroactive Changes in Post-­Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit joined the First, Second, and Fourth Circuits in holding that when …
New Tool Used by Police to Improve Interviewing Skills
Article • October 1, 2023 • from CLN October, 2023
Filed under: junk science, Investigators/Investigative Findings
New Tool Used by Police to Improve Interviewing Skills by Jordan Arizmendi by Jordan Arizmendi Assistant professor of Psychology  at Northumbria University, Newcastle, Dr. Laura Farrugia, created the Forensic Interview Trace (“FIT”) as a way to record the content, components, and flow of a forensic interview. The app was developed …
New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework
Article • October 1, 2023 • from CLN October, 2023
Filed under: Frisks after an initial stop, Reasonable Suspicion, Suppression
New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework by Richard Resch by Richard Resch The Court of Appeals of New York ruled that the defendant (1) moving from the driver’s seat to the passenger’s seat, …
Police Misconduct Reform: Forcing Police Officers to Have ‘Skin in the Game’ by Creating Financial Incentives with Insurance Premiums
Article • October 1, 2023 • from CLN October, 2023
Filed under: Police Misconduct, Criminal justice system reform
Police Misconduct Reform: Forcing Police Officers to Have ‘Skin in the Game’ by Creating Financial Incentives with Insurance Premiums by David Reutter by David M. Reutter While a conversation on police brutality and misconduct can evolve into a heated debate, one thing no one argues about is whether or not …
Geofence Warrants: Little-Known Search Makes Innocent People Suspects Simply for Having a Phone Near a Crime Scene
Article • September 1, 2023 • from CLN September, 2023
Filed under: Stingray
Geofence Warrants: Little-Known Search Makes Innocent People Suspects Simply for Having a Phone Near a Crime Scene by Douglas Ankney by Anthony W. Accurso The Fourth Amendment to the U.S. Constitution guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches …
Seventh Circuit: Whether Right to Counsel ‘Attaches’ Is Not Dependent on Defendant’s Appearance at Probable Cause Hearing
Article • September 1, 2023 • from CLN September, 2023
Filed under: Disciplinary Hearings, Court Appearances, Probable/Proximate Cause, After Request for Counsel
Seventh Circuit: Whether Right to Counsel ‘Attaches’ Is Not Dependent on Defendant’s Appearance at Probable Cause Hearing by Anthony Accurso by Anthony W Accurso The U.S. Court of Appeals for the Seventh Circuit ruled that Wisconsin courts denied a defendant his Sixth Amendment right to counsel by failing to appoint …
Sixth Circuit Holds Bump Stocks Not Regulated Under Machinegun Statute
Article • September 1, 2023 • from CLN September, 2023
Filed under: Gun Laws/Crimes, Guns - Type of, Firearms
Sixth Circuit Holds Bump Stocks Not Regulated Under Machinegun Statute by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Sixth Circuit weighed in on the ongoing Circuit split of whether a “bump stock” – placement of which on a semiautomatic rifle enables it to function …
New Jersey Supreme Court: Third-Party’s Apparent Authority to Consent to Search Premises Does Not Extend to Defendant’s Personal Property Located on Premises
Article • September 1, 2023 • from CLN September, 2023
Filed under: Consent, Consent Searches
New Jersey Supreme Court: Third-Party’s Apparent Authority to Consent to Search Premises Does Not Extend to Defendant’s Personal Property Located on Premises by Anthony Accurso by Anthony W Accurso The Supreme Court of New Jersey held that a third party, with property in a storage trailer shared with the defendant, …
Travis County, Texas, Efforts to Keep Mentally Ill Individuals Out of Jail Face Funding, Infrastructure, and Information Management Challenges
Article • September 1, 2023 • from CLN September, 2023
Filed under: Cost of Prison Systems, Mental Health, Failure to Treat (Mental Illness)
Travis County, Texas, Efforts to Keep Mentally Ill Individuals Out of Jail Face Funding, Infrastructure, and Information Management Challenges by Jo Ellen Nott by Jo Ellen Nott Travis County is in Central Texas, 150 miles inland from the Gulf of Mexico. The city of Austin, the state capital and county …
Third Circuit: Pennsylvania Second-Degree Aggravated Assault of a Protected Individual Not a ‘Violent Felony’ Under ACCA, Court Acknowledges ‘Bizarre Result’
Article • September 1, 2023 • from CLN September, 2023
Filed under: Sentencing Goals/Purposes/Practices, Protected Persons, Sentence Enhancements/Departures
Third Circuit: Pennsylvania Second-Degree Aggravated Assault of a Protected Individual Not a ‘Violent Felony’ Under ACCA, Court Acknowledges ‘Bizarre Result’ by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Third Circuit held that second-degree aggravated assault of a protected individual in violation of 18 Pa. …
From the Sad but True Files: Police Oppose Laws Prohibiting Cops From Lying to Juveniles During Interrogations
Article • September 1, 2023 • from CLN September, 2023
Filed under: Police, False Statements/Perjury, Police Interrogations, Juvenile Offenses/Offenders
From the Sad but True Files: Police Oppose Laws Prohibiting Cops From Lying to Juveniles During Interrogations by Douglas Ankney by Douglas Ankney Vehement opposition by law ­enforcement stopped the passage of a 2022 Colorado bill that would have banned police from lying to juvenile suspects while attempting to extract …
Colorado Supreme Court Clarifies There Is No Per Se Rule Excluding Self-Serving Hearsay
Article • September 1, 2023 • from CLN September, 2023
Filed under: Pro Se Issues, Hearsay Evidence, Exclusionary Rule
Colorado Supreme Court Clarifies There Is No Per Se Rule Excluding Self-Serving Hearsay by Matthew Clarke by Matt Clarke The Supreme Court of Colorado ­clarified that there is no per se rule excluding self-serving hearsay by a criminal defendant, holding that “like any other hearsay statement, a defendant’s self-serving hearsay …
Collaborative Project Between Innocence Project and National Registry of Exonerations Produces Interim Report Reconciling Data Coding Discrepancies
Article • September 1, 2023 • from CLN September, 2023
Filed under: Databases, Wrongful Conviction, Authentication/Identification
Collaborative Project Between Innocence Project and National Registry of Exonerations Produces Interim Report Reconciling Data Coding Discrepancies by Casey Bastian by Casey J. Bastian The Innocence Project (“IP”) and the National Registry of Exonerations (“NRE”) each keep track of and list wrongful convictions. Each also works to identify the causes …
New Montana Law Bans Warrantless Facial Recognition Surveillance
Article • September 1, 2023 • from CLN September, 2023
Filed under: Warrantless Searches, Authentication/Identification, EP2P Software, Eyewitness Identification
New Montana Law Bans Warrantless Facial Recognition Surveillance by Jordan Arizmendi by Jordan Arizmendi At the end of June 2023, Montana Governor Greg Gianforte signed a bill, Senate Bill 397 (“SB397”) that will ban warrantless facial recognition surveillance, generally. According to the law, the exceptions that would permit a law …
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