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Article • December 15, 2021 • from CLN January, 2022
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 …
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 …
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 …
Article • August 2, 2021
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 …
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 …
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 …
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 …
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 …
Article • June 15, 2021 • from CLN July, 2021
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 …
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 …
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 …
Article • May 15, 2021 • from CLN June, 2021
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 …
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 …
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 …
Article • March 15, 2021 • from CLN April, 2021
Philadelphia Man Exonerated After Police Cover-Up Exposed by Casey Bastian by Casey J. Bastian On December 16, 2020, Termaine Hicks received what he calls “the best news I’ve heard in all my life.” Hicks learned that, after 19 years in prison for crimes he did not commit, he was finally …
Third Circuit: Brady Claims in Habeas Petitions Timely When Filed Within One Year of Date Reason to Believe Prosecutor Violated Duty To Disclose by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit determined that Dennis v. Sec’y, 834 F.3d 263 (3d Cir. 2016), altered …
Article • March 15, 2021 • from CLN April, 2021
Pennsylvania Supreme Court Announces Departure From SCOTUS’ Vehicle Exception to Warrant Requirement, Commonwealth’s Constitution Provides Greater Protections by Anthony Accurso by Anthony Accurso The Supreme Court of Pennsylvania held that the Article I, Section 8 of the Commonwealth’s Constitution affords greater privacy protections to drivers than the Fourth Amendment to …
Article • March 15, 2021 • from CLN April, 2021
Pennsylvania Supreme Court: Officer Testified as Expert on Child Sexual Abuse Without First Being Qualified and 42 Pa.C.S. § 5920 Overruled Dunkle by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania held that a police officer testified as an expert without first being qualified by the court at …
Article • February 15, 2021 • from CLN March, 2021
Filed under: News in Brief
News in Brief by California: Santa Clara County Sheriff’s Deputy Sukhdeep Gill, 27, was arrested in January 2021 for faking his own shooting and alleging he’d been a victim in a drive-by shooting while on patrol, according to thefreethoughtproject.com. He was charged with felony vandalism and falsely reporting a crime, …
Article • February 15, 2021 • from CLN March, 2021
Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Third Circuit handed down an opinion on December 21, 2020, holding that the prohibition against a subsequent resentencing in § 404(c) …
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