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Pennsylvania Supreme Court Announces New Framework for Enforcing Right to Effective Counsel in Post-Conviction Relief Act Proceeding

Article • February 15, 2022 • from CLN March, 2022

Filed under: Counsel - Effective Assistance of

Pennsylvania Supreme Court Announces New Framework for Enforcing Right to Effective Counsel in Post-Conviction Relief Act Proceeding by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania announced a new framework for enforcing the right to effective counsel in a 42 Pa.C.S. §§ 9541-9546, Post-Conviction Relief Act (“PCRA”), proceeding. …

Pennsylvania Supreme Court Announces Driver Who Leaves Scene of Accident Subject to Only One Hit-and-Run Violation, Regardless of How Many Victims

Article • January 15, 2022 • from CLN February, 2022

Filed under: Vehicle Searches

Pennsylvania Supreme Court Announces Driver Who Leaves Scene of Accident Subject to Only One Hit-and-Run Violation, Regardless of How Many Victims by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Pennsylvania held that a driver who leaves the scene of an accident involving …

News in Brief

Article • January 15, 2022 • from CLN February, 2022

Filed under: News in Brief

News in Brief by Arizona: The family of a homeless and mentally ill man who died after being restrained by Phoenix cops in 2017 will get $5 million from the city, after a 7-2 city council vote in favor of the payment on November 17, 2021, according to a report …

Third Circuit Rules Pennsylvania Courts’ Application of Federal Law Objectively Unreasonable, Overturns Conviction and Death Sentence, Grants Habeas Relief

Article • January 15, 2022 • from CLN February, 2022

Filed under: Death Penalty/Death Row, Counsel - Right to

Third Circuit Rules Pennsylvania Courts’ Application of Federal Law Objectively Unreasonable, Overturns Conviction and Death Sentence, Grants Habeas Relief by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Third Circuit affirmed the grant of habeas corpus relief to a death-sentenced defendant based on the fact the …

Wright v. Westmoreland County, PA, Minutes, Excessive Force, 2021

Brief • December 16, 2021

Filed under: Excessive Force, Guard Brutality/Beatings

Wright v. Westmoreland County, PA, Minutes, Excessive Force, 2021 December 16, 2021 Invocation Rev. Bob Ross of Heritage Baptist Church, Jeannette Pledge of Allegiance Salary Board Agenda Industrial Development Corporation Agenda General Agenda Minutes of the Regular Meeting held November 18, 2021, as presented Notice of Executive Session November 29, …

Pennsylvania Supreme Court Announces Framework for Determining Whether State of Mind Exception to Hearsay Rule Applies to Out-of-Court Statements, Dual-Purpose Statements Generally Inadmissible

Article • December 15, 2021 • from CLN January, 2022

Filed under: Hearsay Evidence

Pennsylvania Supreme Court Announces Framework for Determining Whether State of Mind Exception to Hearsay Rule Applies to Out-of-Court Statements, Dual-Purpose Statements Generally Inadmissible by Matthew Clarke by Matt Clarke The Supreme Court of Pennsylvania held that a note implicating the husband of a woman who was drowned the day after …

Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presum...

Article • December 15, 2021 • from CLN January, 2022

Filed under: U.S. Sentencing Guidelines, Guns - Type of

Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that mere physical proximity of guns and drugs …

News in Brief

Article • September 15, 2021 • from CLN October, 2021

Filed under: News in Brief

News in Brief by Arizona: After shooting more people than any other U.S. city or county police department in 2018, the Phoenix Police Department (PhxPD) will now be the subject of a “pattern and practice” (P&P) investigation announced on August 5, 2021, by the federal Department of Justice (DOJ), according …

Abolitionist Law Center, Ltr Re Liability of Allegheny County, 2021

Publication • August 24, 2021

Filed under: Excessive Force

Abolitionist Law Center, Ltr Re Liability of Allegheny County, 2021 A Abolitionist Law Center P.O. Box 8654 Pittsburgh, PA 15221 +1 412 654 9070 abolitionistlawcenter.org ABOLITIONIST LAW CENTER August 24, 2021 VIA Email Andrew Szefi, County Solicitor Allegheny County Law Dept. 445 Fort Pitt Blvd. Pittsburgh, PA 15219 RE: Liability …

Study Reveals that Some Smartphone Breath Alcohol Testing Devices are Inaccurate and Suggests Need for Regulation

Article • August 2, 2021

Filed under: Police State-Surveillance, Breathalyzer Tests

Study Reveals that Some Smartphone Breath Alcohol Testing Devices are Inaccurate and Suggests Need for Regulation by Douglas Ankney by Doug Ankney According to a study from the Perelman School of Medicine at the University of Pennsylvania (“PENN”), testing of the accuracy of seven smartphone breath alcohol testing devices revealed …

News in Brief

Article • July 15, 2021 • from CLN August, 2021

Filed under: News in Brief

News in Brief by California: Two San Diego Police Department (SDPD) officers repeatedly punched a homeless Black man they were arresting on May 12, 2021, after they allegedly caught him attempting to urinate in public. According to a report by the Washington Post, the incident was captured on a cellphone …

Pennsylvania Supreme Court Clarifies Standard for Admission of Evidence of Third Party Guilt

Article • July 15, 2021 • from CLN August, 2021

Pennsylvania Supreme Court Clarifies Standard for Admission of Evidence of Third Party Guilt by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania clarified the standard for admission of evidence of a third person’s crimes, wrongs, or other acts (“third person guilt”) offered by a criminal defendant seeking to …

Pennsylvania Supreme Court Frees Bill Cosby

Article • July 15, 2021 • from CLN August, 2021

Pennsylvania Supreme Court Frees Bill Cosby by Richard Resch by Richard Resch Introduction The criticism and outrage at the Pennsylvania Supreme Court’s June 30, 2021, decision to vacate Bill Cosby’s convictions, order his immediate release, and bar any retrial are largely ill-informed or just plain misguided. Those decrying the fact …

Pennsylvania Supreme Court: Single Conviction for Non-Enumerated Crime of Violence Does Not Qualify as History of Violent Behavior Under RRRI Act

Article • July 15, 2021 • from CLN August, 2021

Pennsylvania Supreme Court: Single Conviction for Non-Enumerated Crime of Violence Does Not Qualify as History of Violent Behavior Under RRRI Act by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Pennsylvania held that a trial court’s failure to sentence an eligible offender pursuant …

Pennsylvania Supreme Court: Failure to Object to Improper Jury Instruction and Curative Instruction by Court Containing ‘Freudian Slip’ Constitutes IAC

Article • June 15, 2021 • from CLN July, 2021

Filed under: Jury Instructions, Ineffective Assistance of Counsel

Pennsylvania Supreme Court: Failure to Object to Improper Jury Instruction and Curative Instruction by Court Containing ‘Freudian Slip’ Constitutes IAC by Anthony Accurso by Anthony Accurso The Supreme Court of Pennsylvania found a defendant’s counsel constitutionally ineffective where they failed to object to improper jury instructions, and there was further …

News in Brief

Article • June 15, 2021 • from CLN July, 2021

Filed under: News in Brief

News in Brief by Alabama: An Alabama state trooper arrested on April 27, 2021 for sexually abusing a child had been fired from the FBI for sexual misconduct before he was ever hired in Alabama, fooling the state Law Enforcment Agency (ALEA) with a letter of recommendation that was apparently …

News in Brief

Article • May 15, 2021 • from CLN June, 2021

Filed under: News in Brief

News in Brief by California: On March 12, 2021, federal prosecutors in California unsealed indictments against a pair of policemen accused of pocketing cash and drugs confiscated from suspects they pulled over in traffic stops. According to a report by Law & Crime, former Rohnert Park Police Department officers Brendon …

Philadelphia’s Progressive Reform-Minded DA Has Made Tremendous Strides – But Are They Enough to Win Reelection?

Article • May 15, 2021 • from CLN June, 2021

Filed under: Elections, Criminal justice system reform

Philadelphia’s Progressive Reform-Minded DA Has Made Tremendous Strides – But Are They Enough to Win Reelection? by Douglas Ankney by Douglas Ankney Larry Krasner is Philadelphia’s well-known progressive and reform-minded District Attorney. He was elected in 2017, promising he would work toward ending mass incarceration and radically change the way …

News in Brief

Article • April 15, 2021 • from CLN May, 2021

Filed under: News in Brief

News in Brief by Arizona: A week after he was shot chasing a suspect, an off-duty police officer from Alberquerque, New Mexico, was arrested on February 21, 2021, for aggravated DWI. According to a report by local TV station KRQE, Officer Fouad Cherair, 29, was found by police in the …

News in Brief

Article • March 15, 2021 • from CLN April, 2021

Filed under: News in Brief

News in Brief by California: A federal jury awarded a man who suffered severe head and face injuries in an encounter with a San Diego detective $1.5 million in November 2020. San Diego’s City Council, meanwhile, is expected to “approve a $2.5 million settlement, the money awarded by the jury …