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Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit …
Article • July 15, 2024 • from CLN July, 2024
Filed under: junk science
Minnesota Becomes Third State to Restrict ‘Excited Delirium’ by Jordan Arizmendi by Jordan Arizmendi   On May 24, 2024, Gov. Tim Walz of Minnesota, signed a law prohibiting police officers from being trained about “excited delirium,” a widely rejected diagnosis characterized by a state of extreme agitation and delirium. The …
Tennessee Supreme Court Announces Prospective Abrogation of Common Law Accomplice-Corroboration Rule by Douglas Ankney by Douglas Ankney   The Supreme Court of Tennessee abrogated the common law accomplice-corroboration rule on a prospective basis and dismissed the murder conviction of Laronda Turner due to insufficient evidence. Turner, along with codefendants Tony …
$3.76 Million Awarded to Denver Grandmother for SWAT Raid of Home Based on Inaccurate iPhone Ping by Jo Ellen Nott by Jo Ellen Nott A Colorado jury awarded a 78-year-old woman, Ruby Johnson, $3.76 million in damages on March 1, 2024, after a SWAT team raided her home based on …
Brief • July 10, 2024
Lilgerose, et al. v. Polis, et al., CO, Motion for Class Cert., Prison Slave Labor, 2024 DISTRICT COURT, DENVER COUNTY, COLORADO Denver City and County Building 1437 Bannock Street, Denver, CO 80202 PLAINTIFFS: RICHARD LILGEROSE and HAROLD MORTIS, on their own behalf and on behalf of those similarly situated v. …
Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1) by Douglas Ankney by Douglas Ankney   The U.S. Court of Appeals for the Fourth Circuit vacated the convictions of Dr. Joel Smithers because …
Article • June 15, 2024 • from CLN June, 2024
Landmark Drug Possession Reform Based on Unproven Allegations Reversed in Oregon by Jo Ellen Nott by Jo Ellen Knott   Oregon legislators passed H.B. 4002 on March 1, 2024, with support from both Democrats and Republicans on a 21-8 vote. Gov. Tina Kotek’s office indicated on March 7 that she …
Article • June 15, 2024 • from CLN June, 2024
Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees by Douglas Ankney by Douglas Ankney   The Supreme Court of Indiana clarified the framework for determining when a court may apply a cash bail toward payment of …
Article • June 15, 2024 • from CLN June, 2024
Junk Science Convicted an Innocent Sailor, DNA Exonerated Him Decades Later with the Help of the Innocence Project by Jo Ellen Nott by Jo Ellen Knott   Keith Harward, 67, was born in Greensboro, North Carolina, a state whose motto is “To be, rather than to seem.” Unfortunately for Harward, …
Monroe County Office of Mental Health & Rochester Police Dept., NY, Presentation on Excited Delirium, 2024 Monroe County Office of Mental Health & Rochester Police Department Psychological behaviors • Paranoia • Delusional • Agitation • Cannot follow commands • Emotional changes • Disoriented • Hallucinations • Looks like \\just snapped" …
Article • May 15, 2024 • from CLN May, 2024
Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology by Matthew Clarke by Matt Clarke The National Institute of Justice and independent research consultant Dr. John Morgan collaborated “to analyze and describe the impact of forensic science on erroneous convictions that the National Registry …
Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds by Douglas Ankney by Douglas Ankney A team of scientists from China’s Shanghai Normal University in collaboration with scientists from the United Kingdom’s University of Bath have developed a fluorescent spray that reveals fingerprints in seconds without compromising any potential DNA evidence. The …
Article • April 15, 2024 • from CLN April, 2024
Crime Scene Context: Bridging the Gap Between Evidence and Reconstruction by Jo Ellen Nott by Jo Ellen Nott F.D. Zigan, a veteran crime scene investigator who specializes in fingerprint analysis for the Roswell Police Department in suburban Atlanta, Georgia, writes about the disconnect between evidence collection and scene reconstruction in …
Article • April 15, 2024 • from CLN April, 2024
New York Governor Signs Law Sealing Millions of Criminal Records From Public View by Douglas Ankney by Douglas Ankney In late 2023, New York Governor Kathy Hochul signed the Clean Slate Act into law, permitting millions of criminal convictions to be sealed. “With the signing of this law, it adds …
Brief • April 2, 2024
KQED, Inc v. CDCR, CA, Ruling on Petition for Writ of Mandate-Motion for Production Schedule Order, Public Records, 2024
Article • March 15, 2024 • from CLN March, 2024
Filed under: junk science
Studying Ant Bites on Cadavers May Advance Criminal Investigations by Douglas Ankney by Douglas Ankney Forensic entomology generally focuses on the activity of blowflies and beetles in estimating the time of death. But Professor Paola Magni of Australia’s Murdoch University is a leading forensic entomologist urging forensic professionals to consider …
Article • March 15, 2024 • from CLN March, 2024
The Supreme Court’s Forensic Follies by Michael Thompson by Michael Dean Thompson The framers of the Constitution attempted to guarantee defendants a fundamentally fair trial. They did so, however, at a time when modern science and the scientific method was in its infancy. For that reason, scientific forensic evaluations and …
Article • March 15, 2024 • from CLN March, 2024
Filed under: junk science
The Potential for Soil Dust Analysis in Forensics by Anthony Accurso by Anthony W. Accurso Australian forensic scientists, led by Flinders University, have been studying how the chemical and biological analysis of as little as three mg of dust can pinpoint its geographical origin, so it “can be used as …
Article • March 15, 2024 • from CLN March, 2024
Lung Float Test: Junk Science Used to Convict Women of Murder by David Reutter by David M. Reutter When a woman has a child while alone that does not survive, authorities may wonder if the child was stillborn or murdered by the mother. Many medical examiners attempt to answer that …
Filing • February 23, 2024
Greer v. County of San Diego, Brief of Amici Curiae, 20247 Case: 23-55607, 02/23/2024, ID: 12862766, DktEntry: 36, Page 1 of 27 Case No. 23-55607 In the United States Court of Appeals for the Ninth Circuit ____________________________ COUNTY OF SAN DIEGO Defendant and Appellant, v. FRANKIE GREER Plaintiff, and THE …
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