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Worth Rises: Paying for Jail - How County Jails Extract Wealth from New York Communities, 2019 PAYING FOR JAIL How County Jails Extract Wealth from New York Communities DE C EMBE R 2 01 9 C O- PUBL IS H E D BY: WO RTH RISES Worth Rises is a …
Article • November 20, 2019
Unlike Emoticons, Human Emotions Are Difficult to Interpret by Edward Lyon by Ed Lyon Humans communicate in many ways. Although speech is our primary mode, many non-verbal cues assist in getting one’s message across. Folded arms, crossing then uncrossing one’s legs, yawns, and eye rolling all augment verbal speech. A …
Article • November 19, 2019 • from CLN December, 2019
Free Speech Is Sometimes Expensive by Edward Lyon by Ed Lyon Jon Goldsmith of Montgomery County, Iowa, attended a summer festival last year in adjoining Adams County. He witnessed police misconduct there so outrageous he felt he had to make the public aware of it. Unfortunately for him, the police …
Article • October 15, 2019 • from CLN November, 2019
Fifth Circuit: Practices of Orleans Parish Judges in Collecting Fines and Fees Violates Due Process by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit affirmed the decision of a district court that granted summary judgment to the plaintiffs in a § 1983 suit alleging …
Article • September 17, 2019 • from CLN October, 2019
Filed under: Parole, Fifth Amendment
Kentucky Supreme Court Rules Parole Board’s Revocation Procedures Are Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Kentucky held that the Parole Board’s (“Board”) current conditional-freedom final revocation hearing procedures for post-incarceration supervisees violate an offender’s due process rights. David Wayne Bailey was released from prison and …
Article • September 17, 2019 • from CLN October, 2019
Arrest for Shouting ‘F—k You’ to Arkansas Trooper Violates First and Fourth Amendments Rights, Eighth Circuit Rules by Michael Berk by Michael Berk An Arkansas state trooper violated a motorist’s First and Fourth Amendment rights when he arrested him for yelling “F--k you,” the U.S. Court of Appeals for the …
Article • September 17, 2019 • from CLN October, 2019
Michigan Supreme Court: Reaching Out Door of Home to Retrieve ID Inadequate to Surrender Fourth Amendment Rights by David Reutter by David Reutter The Supreme Court of Michigan held that a defendant did not expose herself to public arrest when she reached out of her doorway to retrieve her identification …
Article • September 16, 2019 • from CLN October, 2019
SCOTUS Declares Portion of Federal Supervised Release Statute Unconstitutional by Dale Chappell by Dale Chappell A sharply divided Supreme Court of the United States narrowly held on June 26, 2019, that the revocation provision of the federal sex offender supervised release statute is unconstitutional because it violates the right to …
Article • September 16, 2019 • from CLN October, 2019
Partial Justice by Christopher Zoukis How a Judiciary Poisoned by Politics, Ideology, and Unaccountability Contributes to the Wrongful Conviction of Innocent Men and Women by Christopher Zoukis, MBA Alexander Hamilton said in Federalist Paper No. 78 that the judiciary “may truly be said to have neither force nor will but …
Article • July 16, 2019 • from CLN August, 2019
Sixth Circuit Holds Chalking Car Tires for Parking Enforcement Constitutes a Search Under Fourth Amendment by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Sixth Circuit held that chalking the tires of parked vehicles to gather information about whether they have committed a parking violation constitutes …
Duran Ortega v. City of Memphis, TN, Complaint, ICE Detention, 2019 Case 2:19-cv-02206-SHL-dkv Document 40 Filed 06/25/19 Page 1 of 9 PageID 157 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION ______________________________________________________________________________ MANUEL DURAN ORTEGA, PLAINTIFF, VS. CAUSE NO.:2:19-cv-02206-SHL-dkv CITY OF MEMPHIS, TENNESSEE; SHELBY COUNTY, TENNESSEE; …
Compelled Decryption Primer by National Association of Criminal Defense Lawyers Fourth Amendment Center by the National Association of Criminal Defense Lawyers Fourth Amendment Center The Supreme Court recognized in Riley v. California that cell phones are unlike other types of physical objects. 134 S.Ct. 2473 (2014). Instead, the Court held, …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Appeals, Constitution, U.S.
Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exceptions Required by Law So that a Defendant Has Notice by Punch & Jurists by Punch & Jurists In Chua, …
U.S. Commission on Civil Rights - Collateral Consequences - The Crossroads of Punishment, Redemption and the Effects on Communities, 2019 U . S . C O M M I S S I O N O N C I V I L R I G H T S COLLATERAL CONSEQUENCES: The …
Honoring Innocent Until Proven Guilty: Switching the Default Rule From Pretrial Detention to Pretrial Release in Texas's Bail System, Texas A&M Law Review, 2019 Texas A&M Law Review Volume 6 Issue 1 2-2019 Honoring Innocent Until Proven Guilty: Switching the Default Rule from Pretrial Detention to Pretrial Release in Texas's …
Forced Self-Incrimination by Larry N. by Larry N., NARSOL Maybe authorities will finally accept that the Fifth Amendment of the United States Constitution really protects individuals from compelled self-incrimination. At least it does in the state of Indiana, according to the United States Court of Appeals for the Seventh Circuit. …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Fifth Amendment
Eighth Circuit: Misprision of Felony Conviction of Participant in Underlying Felony Violates Fifth Amendment by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eighth Circuit ruled that a defendant’s misprision of felony conviction for failing to report a felony in which the defendant was herself involved …
Article • May 15, 2019 • from CLN June, 2019
DEA Used Decades of Warrantless Phone Data in Building Parallel Construction Cases by Steve Horn by Steve Horn After a years-long federal court dispute, the Electronic Frontier Foundation (“EFF”) and Electronic Privacy Information Center (“EPIC”) won a Freedom of Information Act (“FOIA”) lawsuit, which forced the U.S. Drug Enforcement Administration …
Article • May 15, 2019 • from CLN June, 2019
Appointed Defense Lawyers, Public Defenders: Overworked, Underpaid, Ineffective by Edward Lyon by Ed Lyon  The Sixth Amendment to the U.S. Constitution requires that all criminal defendants have a lawyer’s assistance to prepare and present a defense against whatever crime a prosecutor is accusing him or her of committing, as a …
Article • May 15, 2019 • from CLN June, 2019
Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard by Chad Marks by Chad Marks The Supreme Court of Delaware held that a defendant’s Sixth Amendment right to assistance of counsel was violated by trial counsel’s near-total absence during the pretrial stage …
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