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Hundreds Serving Life Due to Less Than Unanimous Jury Verdicts
Article • March 15, 2021 • from CLN April, 2021
Filed under: U.S. Sentencing Guidelines, Jury Determinations
Hundreds Serving Life Due to Less Than Unanimous Jury Verdicts by Edward Lyon by Ed Lyon After the U.S. Civil War and followingthe 13th and 14th Amendments to the Constitution that banned slavery, laws designed to disadvantage Black people were passed throughout former Rebel states. Those legislative acts became known …
Giroir v. Leblanc, LA, Class Action Complaint, Overdetaining, 2021
Brief • February 19, 2021
Filed under: Detainers - Generally
Giroir v. Leblanc, LA, Class Action Complaint, Overdetaining, 2021 Case 3:21-cv-00108-JWD-SDJ Document 1 02/19/21 Page 1 of 21 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JOEL GIROIR, on behalf of himself and all similarly situated individuals, Plaintiff, CIVIL ACTION NO. 21-cv-108 v. CLASS ACTION JAMES LEBLANC, in his official …
Fifth Circuit: No Qualified Immunity When Police Fatally Beat Unresisting Man Suffering Mental Health Crisis
Article • February 15, 2021 • from CLN March, 2021
Filed under: Qualified Immunity, Mental Health, Excessive Force (Police)
Fifth Circuit: No Qualified Immunity When Police Fatally Beat Unresisting Man Suffering Mental Health Crisis by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Fifth Circuit upheld the U.S. District Court for the Eastern District of Louisiana’s denial of qualified immunity to two police officers who …
When a Hung Jury Is Enough
Article • January 15, 2021 • from CLN February, 2021
Filed under: Mistrial Motion, Jury Deliberations
When a Hung Jury Is Enough by Jayson Hawkins by Jayson Hawkins The rules for jury trials vary a great deal from state to state, but one rule that is almost universal is the requirement that the jury’s decision be unanimous. This rule is “almost” universal because two states, Louisiana …
Louisiana Supreme Court Vacates Murder Conviction for Speedy Trial Violation
Article • January 15, 2021 • from CLN February, 2021
Filed under: Wrongful Conviction, Delays in Prosecution of Case
Louisiana Supreme Court Vacates Murder Conviction for Speedy Trial Violation by Dale Chappell by Dale Chappell In a case where state prosecutors delayed retrying a defendant after his conviction was vacated, the Supreme Court of Louisiana held that the State’s delay violated the speedy trial rules and vacated the murder …
Louisiana Supreme Court: Statute Compelling Registered Sex Offenders to Carry ID Emblazoned with ‘SEX OFFENDER’ Unconstitutional
Article • December 15, 2020 • from CLN January, 2021
Filed under: Sex Offender Registration, Sex Offenders (Discrimination), Doctrine of Unconstitutional Conditions
Louisiana Supreme Court: Statute Compelling Registered Sex Offenders to Carry ID Emblazoned with ‘SEX OFFENDER’ Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Louisiana affirmed a district court’s holding that declared unconstitutional a state statute compelling registered sex offenders to carry identification emblazoned with the words “SEX …
Carter v. Derr, LA, Settlement, Lack of Medical Care, 2020
Brief • November 17, 2020
Filed under: Systemic Medical Neglect
Carter v. Derr, LA, Settlement, Lack of Medical Care, 2020
Fifth Circuit Grants Habeas Relief Because Detective’s Testimony of Witness Identification of Defendant Violates Confrontation Clause
Article • October 15, 2020 • from CLN November, 2020
Filed under: Habeas Corpus, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony
Fifth Circuit Grants Habeas Relief Because Detective’s Testimony of Witness Identification of Defendant Violates Confrontation Clause by Dale Chappell by Dale Chappell In a case where a prosecutor pulled statements from a detective during testimony before a jury that tied a defendant to the crime – and without that witness …
Fifth Circuit Clarifies AEDPA Time Limit Tolling for Louisiana Prisoners Filing Federal Habeas Corpus
Article • July 15, 2020 • from CLN August, 2020
Filed under: AEDPA, Tolling of Statutes of Limitations and Laches
Fifth Circuit Clarifies AEDPA Time Limit Tolling for Louisiana Prisoners Filing Federal Habeas Corpus by Dale Chappell
Promise of Justice Initiative, How the Pandemic Ravaged Louisana's Prisons, Jails, and Detention Centers, 2020
Publication • 2020
Filed under: COVID-19
Promise of Justice Initiative, How the Pandemic Ravaged Louisana's Prisons, Jails, and Detention Centers, 2020 2020 DECEMBE ICE I I IA I E F J MI E HE LOCKED IN WITH COVID-19 H HE 2020 A DEMIC A AGED L I IA A I JAIL , A D DE E …
News in Brief
Article • May 15, 2020 • from CLN June, 2020
Filed under: News in Brief
News in Brief by Arizona: Tucson has a new ordinance topunish those who fail to stay outside designated crime scene perimeters, the Tucson Star reports. The law aims to halt “cop haters” with cameras, but the potential fallout is a stifling of First Amendment rights. While people should not provoke …
Notorious Louisiana Prosecutor Fired for Misconduct Technicality
Article • May 15, 2020 • from CLN June, 2020
Filed under: Attorney Misconduct
Notorious Louisiana Prosecutor Fired for Misconduct Technicality by Edward Lyon by Ed Lyon Jason Brown was a ‘lock ‘em up tight and throw away the key’ type. One of the most disliked prosecutors in Caddo Parish, Louisiana, history, he was a hard-charging and inflexibly tough prosecutor who pushed for maximum …
Could a Second Chance be the Answer?
Article • April 15, 2020 • from CLN May, 2020
Filed under: Parole
Could a Second Chance be the Answer? by Kevin Bliss by Kevin Bliss Louisiana has one of the U.S.’s toughest second-degree murder sentencing structures. If convicted, it is an automatic life without parole. The state currently has about 5,000 of its approximately 33,000 prisoners serving life sentences, 51 percent of …
Fifth Circuit Settles In-Circuit Confusion, Holds Implicit Extension of Time to File State Appeal Tolls AEDPA Clock to File Federal Habeas Petition
Article • April 15, 2020 • from CLN May, 2020
Filed under: AEDPA, Periods of Delay
Fifth Circuit Settles In-Circuit Confusion, Holds Implicit Extension of Time to File State Appeal Tolls AEDPA Clock to File Federal Habeas Petition by Dale Chappell by Dale Chappell T he U.S. Court of Appeals for the Fifth Circuit held on February 3, 2020, that when a Louisiana state court grants …
Louisiana Supreme Court: State Abused Charging Authority by Dismissing and Reinstituting Charges to Circumvent Adverse Court Ruling
Article • March 18, 2020 • from CLN April, 2020
Louisiana Supreme Court: State Abused Charging Authority by Dismissing and Reinstituting Charges to Circumvent Adverse Court Ruling by Anthony Accurso by Anthony Accurso  The Supreme Court of Louisiana held that the district attorney’s office abused its charging authority when it dismissed, then immediately refiled, charges against a defendant to circumvent …
New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants
Article • March 18, 2020 • from CLN April, 2020
Filed under: Search warrants, Police, Fourth Amendment, rights
New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants by Chad Marks by Chad Marks Securus Technologies, one of the leading providers of phone-messaging services for correctional facilities, reportedly captured thousands of coordinates showing cellphone locations for clients absent a warrant. Through Securus, both Jefferson and Orleans Parish sheriff’s offices were …
Louisiana Supreme Court: When an Identified Attorney Seeks to Assist a Person in Custody and Police Fail to Inform the Person, Inculpatory Statements Must Be Suppressed
Article • March 18, 2020 • from CLN April, 2020
Filed under: Police Misconduct, Attorneys, Police
Louisiana Supreme Court: When an Identified Attorney Seeks to Assist a Person in Custody and Police Fail to Inform the Person, Inculpatory Statements Must Be Suppressed by Douglas Ankney by Douglas Ankney The Supreme Court of Louisiana reaffirmed that the law of Louisiana requires law enforcement to inform a person …
Carter v. Sheriff Andy Brown, LA, Sixth Amended Complaint, Lack of Medical Care, 2020
Brief • March 6, 2020
Filed under: Systemic Medical Neglect
Carter v. Sheriff Andy Brown, LA, Sixth Amended Complaint, Lack of Medical Care, 2020 Case 3:18-cv-00068-TAD-KLH Document 120 Filed 03/06/20 Page 1 of 19 PageID #: 2339 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION LANE CARTER CIVIL ACTION: 18-0068, SECTION P VERSUS SHERRIFF ANDY BROWN, IN HIS …
Sheriff Ackal’s Corruption Continues to Plague Louisiana Parish
Article • January 21, 2020 • from CLN February, 2020
Filed under: Police Misconduct, Police
Sheriff Ackal’s Corruption Continues to Plague Louisiana Parish by Douglas Ankney by Douglas Ankney More than 100 criminal cases in Louisiana’s Iberia Parish have been thrown out due to a federal investigation into Sheriff Louis Ackal’s reign. And now hundreds more may also get the boot. First Assistant District Attorney …
Imani v. City of Baton Rouge, LA, Complaint, Protesting, 2019
Brief • November 14, 2019
Filed under: Protests
Imani v. City of Baton Rouge, LA, Complaint, Protesting, 2019 Case 3:17-cv-00439-JWD-EWD Document 189-1 11/14/19 Page 1 of 85 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ____________________________________ ) BLAIR IMANI, AKEEM MUHAMMAD, ) RAAE POLLARD, SAMANTHA NICHOLS, ) TAMMY CHENEY, ALEXUS CHENEY, ) VICTOR ONUOHA, KAREN SAVAGE, ) CHERRI …
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