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Article • February 19, 2020 • from CLN March, 2020
Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held that the State must raise in the trial court a claim that a defendant lacks standing to contest the admission of seized …
Estate of Kevin Brown v. Lambert, CA, punitive damages, wrongful death, 2020 Case 3:15-cv-01583-DMS-WVG Document 192 Filed 02/18/20 PageID.5157 Page 1 of 1 1 2 3 FEB 18 2020 4 CLERK, U.S. DISTRICT COURT SOU1li DISTRICT CF CALIFORNIA £1V ,____DEPUlY 5 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA …
Human Rights Defense Center v. County of Tehama, et al., CA, complaint, 2020 Case 2:20-at-00165 Document 1 Filed 02/14/20 Page 1 of 18 1 SANFORD JAY ROSEN – 062566 JEFFREY L. BORNSTEIN – 099358 2 ERNEST GALVAN – 196065 LISA ELLS – 243657 3 BENJAMIN BIEN-KAHN – 267933 ROSEN BIEN …
Estate of Kevin Brown v. Lambert, CA, jury verdict and damages, wrongful death, 2020 Case 3:15-cv-01583-DMS-WVG Document 191 Filed 02/14/20 PageID.5153 Page 1 of 4 1 2 FILED 3 FEB 14 2020 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 SOUTHERN DISTRICT OF CALIFORNIA ESTATE OF KEVIN BROWN …
Department of Justice - Investigation of South Carolina Department of Juvenile Justice's Broad River Road Complex, 2020 U.S. Department of Justice Civil Rights Division Assistant Allorney General 950 Pennsylvania Ave, NW - RFK Washington, DC 20530 FEB Ot2020 The Honorable Henry McMaster Governor of South Carolina State House 1100 Gervais …
Notice Regarding Investigation of South Carolina Department of Juvenile Justice, U.S. Department of Justice Civil Rights Division, 2020 U.S. Department of Justice Civil Rights Division Assistant Allorney General 950 Pennsylvania Ave, NW - RFK Washington, DC 20530 FEB Ot2020 The Honorable Henry McMaster Governor of South Carolina State House 1100 …
Article • January 21, 2020 • from CLN February, 2020
First Circuit Vacates Conviction Because Sister had Neither Actual nor Apparent Authority to Consent to Search of Brother’s Bags by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit vacated the conviction of Bryan Moran because his sister, Alysha, had neither actual nor apparent authority …
Article • January 21, 2020 • from CLN February, 2020
Idaho Supreme Court: Where Police Were Unaware of Probationer’s Fourth Amendment Waiver Until After Unreasonable Search, Waiver Won’t Make Search Reasonable by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho ruled that when police were unaware of a probationer’s Fourth Amendment waiver until after an unreasonable search was …
Article • December 1, 2019
Oregon Court of Appeals: Entering iPhone Passcode is Testimonial Act; Can Be Compelled if State Establishes Defendant’s Knowledge of Passcode is ‘Foregone Conclusion’ by Mark Wilson by Mark Wilson In a case of first impression, the Oregon Court of Appeals held that entering a passcode into a smartphone is testimonial …
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; …
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