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Roadside Drug Tests: Failed Technology From the Failed War on Drugs
Article • August 1, 2023 • from CLN August, 2023
Filed under: Drug Testing, War on Drugs
Roadside Drug Tests: Failed Technology From the Failed War on Drugs by Anthony Accurso by Anthony Accurso Field test kits are touted as an easy way for law enforcement to determine if an unknown substance is in fact a narcotic. Millions are used each year by police during traffic stops, …
Arizona Supreme Court Announces ‘Person’ in Self-Defense Statute Applies Only to Defendant, Not Victim as Well
Article • August 1, 2023 • from CLN August, 2023
Filed under: Victims - Generally
Arizona Supreme Court Announces ‘Person’ in Self-Defense Statute Applies Only to Defendant, Not Victim as Well by Douglas Ankney by Douglas Ankney The Supreme Court of Arizona held that the word “person” in the state’s self-defense justification statute, A.R.S. § 13-404(A), applies only to a defendant’s conduct, not the victim’s …
St. Joseph County Sheriff Pleads Guilty to Two Misdemeanors for Driving Drunk at a 100 mph and Carrying Concealed Weapon While Drunk
Article • June 23, 2023
Filed under: Police Misconduct, Police Chases, Traffic stop, DUI
St. Joseph County Sheriff Pleads Guilty to Two Misdemeanors for Driving Drunk at a 100 mph and Carrying Concealed Weapon While Drunk by Channel 3 News in Michigan reported that St. Joseph County Sheriff Mark Lillywhite, 47, was sentenced to one year of probation after pleading guilty to two misdemeanor …
Former DHS Agent Cut and Pastes Fake DNA Tests Results in Paternity Scandal
Article • June 23, 2023
Filed under: Police Misconduct, DNA Testing/Samples
Former DHS Agent Cut and Pastes Fake DNA Tests Results in Paternity Scandal by A former DHS agent and police officer in Hancock County, Mississippi was arrested on May 8, 2023, for allegedly failing to comply with court ordered child support payments. Sun Herald reported that the former “Sheriff’s Narcotics …
Body Camera Footage Captures Fatal Arrest by Three Mississippi Officers
Article • June 23, 2023
Filed under: Police Misconduct, Videotaping, Excessive Force (Wrongful Death), Arrest/Arraignment
Body Camera Footage Captures Fatal Arrest by Three Mississippi Officers by On May 24, 2023, authorities in Jackson, Mississippi announced that three former police officers were indicted by a grand jury in connection with the death of a Black man in their custody on Dec. 31, 2022. The man was …
New English Law Allows Government to View a Year’s Worth of Browsing History from an Individual Approved by a Judge
Article • June 23, 2023
Filed under: Internet, Searches - Cellphones/Computers/Internet, Electronic Surveillance
New English Law Allows Government to View a Year’s Worth of Browsing History from an Individual Approved by a Judge by Wired reported on May 15, 2023, that law enforcement actors in the United Kingdom have decided to move forward with introducing vast new surveillance capabilities on a national scale. …
Former Supervisor of D.C. Metro PD Intelligence Indicted for Tipping off Leader of Proud Boys About Impending Arrest
Article • June 23, 2023
Filed under: Gang Policies, Police/Govt Misconduct, Gang Membership
Former Supervisor of D.C. Metro PD Intelligence Indicted for Tipping off Leader of Proud Boys About Impending Arrest by The U.S. Attorney’s Office for the District of the Columbia announced on May 19, 2023, that a former Metropolitan PD officer was indicted for allegedly tipping off a leader of the …
L.A. County Sheriff’s Deputy Who Sued Over Presence of ‘The Executioners’ Deputy Gang Is Member of Another Deputy Gang Called ‘The Gladiators’
Article • June 21, 2023
Filed under: Gang Policies, Excessive Force (Police), Gang Membership
L.A. County Sheriff’s Deputy Who Sued Over Presence of ‘The Executioners’ Deputy Gang Is Member of Another Deputy Gang Called ‘The Gladiators’ by The Los Angeles Times reported that a police officer with the Los Angeles County Sheriff’s Department revealed a suspicious tattoo in court during a civil trial. The …
New Commission in Georgia Will Discipline and Remove Prosecutors Who Are Seen as Not Tough Enough on Crime
Article • June 15, 2023 • from CLN July, 2023
Filed under: War on Terror, Prosecutorial Vindictiveness, Prosecutorial Misconduct
New Commission in Georgia Will Discipline and Remove Prosecutors Who Are Seen as Not Tough Enough on Crime by Jo Ellen Nott by Jo Ellen Nott Republican Governor Brian Kemp of Georgia signed into law Senate Bill 92 (“SB 92”) on May 5, 2023, creating the Prosecuting Attorneys Qualifications Commission …
Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights
Article • June 15, 2023 • from CLN July, 2023
Filed under: Fourth Amendment, rights, Warrantless Searches, Searches - Home/Curtilage, Specific Intent
Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights by Richard Resch by Richard Resch The U.S. Court of Appeals for the Fifth Circuit held that police violated a defendant’s Fourth Amendment rights …
Saul Kassin Probes Dangerous Practices in ‘Duped: Why Innocent People Confess-and Why We Believe Their Confessions’
Article • June 15, 2023 • from CLN July, 2023
Filed under: False Confessions, Validity of
Saul Kassin Probes Dangerous Practices in ‘Duped: Why Innocent People Confess-and Why We Believe Their Confessions’ by James Doyle By James M. Doyle Do innocent people really confess to horrific crimes they did not commit? Yes, they do. A masterful recent book from John Jay College of Criminal Justice Professor …
News in Brief
Article • June 15, 2023 • from CLN July, 2023
Filed under: News in Brief
News in Brief by California: A former police officer with the LAPD, Paul Razo, 46, was arrested in early May 2023, accused of sexually assaulting at least four minor boys over the course of more than a decade. Weeks after his arrest, Razo died of medical complications while in custody. …
Fourth Circuit Declines to Enforce Appeal Waiver and Procedural Default Excused by ‘Cause and Actual Prejudice,’ Reverses Denial of § 2255 Motion to Vacate § 924(c) Conviction Based on Hobbs Act Consp...
Article • June 15, 2023 • from CLN July, 2023
Filed under: Wrongful Conviction, Appeals/Appellate Jurisdiction, Cause and Prejudice, Hobbs Act
Fourth Circuit Declines to Enforce Appeal Waiver and Procedural Default Excused by ‘Cause and Actual Prejudice,’ Reverses Denial of § 2255 Motion to Vacate § 924(c) Conviction Based on Hobbs Act Conspiracy by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit declined to enforce …
Fourth Circuit: Denial of Motion for Compassionate Release Abuse of Discretion Where District Court Failed to Properly Address Numerous Health Issues, Advanced Age, and Relevant § 3553(a) Factors
Article • June 15, 2023 • from CLN July, 2023
Filed under: Parole Board Misconduct, Cancer, Section 3553(a) Factors, Compassionate Release
Fourth Circuit: Denial of Motion for Compassionate Release Abuse of Discretion Where District Court Failed to Properly Address Numerous Health Issues, Advanced Age, and Relevant § 3553(a) Factors by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that a District Court’s denial of …
Georgia Supreme Court Announces Overruling Longstanding Rule That Anything Filed by Defendant While Represented by Counsel Is Always a ‘Legal Nullity’
Article • June 15, 2023 • from CLN July, 2023
Filed under: Self-representation
Georgia Supreme Court Announces Overruling Longstanding Rule That Anything Filed by Defendant While Represented by Counsel Is Always a ‘Legal Nullity’ by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia unanimously held that courts maintain discretion to consider “hybrid motions,” i.e., motions filed pro se by defendants who …
Ninth Circuit: Government’s Inflammatory Arguments in Sentencing Memorandum and at Sentencing Hearing Implicitly Breached Plea Agreement Promise Not to Recommend Sentence in Excess of Low-End Guidelin...
Article • June 15, 2023 • from CLN July, 2023
Filed under: War on Drugs, U.S. Sentencing Guidelines, Remands/Rehearings/Resentencings, Validity of
Ninth Circuit: Government’s Inflammatory Arguments in Sentencing Memorandum and at Sentencing Hearing Implicitly Breached Plea Agreement Promise Not to Recommend Sentence in Excess of Low-End Guidelines Range by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit ruled that the Government’s inflammatory arguments in its …
California Court of Appeal Reiterates ‘Three Strikes’ Law Does Not Limit ‘Presentence’ Custody Credits, Defendant Entitled to Credits Calculated Under Penal Code § 4019
Article • June 15, 2023 • from CLN July, 2023
Filed under: Three Strikes, Credits
California Court of Appeal Reiterates ‘Three Strikes’ Law Does Not Limit ‘Presentence’ Custody Credits, Defendant Entitled to Credits Calculated Under Penal Code § 4019 by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, ruled that assault with a firearm is not a violent felony …
Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’
Article • June 15, 2023 • from CLN July, 2023
Filed under: Appeals/Appellate Jurisdiction, Ineffective Assistance of Counsel, Notice of Appeal/Appeal Rights, Tolling of Statutes of Limitations and Laches
Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’ by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that Charlie D. Leshore, Jr., was entitled to file a belated appeal more than 21 years after his conviction …
First Circuit: Plain Error Where District Court Based Upward Variant From Sentencing Guidelines Range on New Information Not Already in the Record at the Time of Sentencing
Article • June 15, 2023 • from CLN July, 2023
Filed under: U.S. Sentencing Guidelines, Grounds for Variance, Grounds for Relief
First Circuit: Plain Error Where District Court Based Upward Variant From Sentencing Guidelines Range on New Information Not Already in the Record at the Time of Sentencing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit found plain error where the U.S. District Court …
Fourth Circuit Holds Ineligibility for First Step Act Safety Valve Relief Requires Proof of All Three Listed Criminal History Characteristics Satisfied, Widening Circuit Split
Article • June 15, 2023 • from CLN July, 2023
Filed under: First Step Act, Guideline Amendment/Variances and Retroactivity
Fourth Circuit Holds Ineligibility for First Step Act Safety Valve Relief Requires Proof of All Three Listed Criminal History Characteristics Satisfied, Widening Circuit Split by David Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit held that the plain text of 18 U.S.C. § 3553(f)(1) …
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