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Article • December 21, 2017
Seventh Circuit Upholds Malicious Prosecution and False Arrest Dismissal by Mark Wilson The United States Court of Appeals for the Seventh Circuit upheld the dismissal of false arrest and malicious prosecution claims of two Illinois men. Jai Crutcher was incarcerated on Illinois offenses from 2002 to 2010. He was released …
Article • December 19, 2017
Faulty Forensics and Lab Scandals Highlight Urgent Need for Enforceable Scientific Standards by Matthew Clarke by Matt Clarke A 2009 report by the National Academy of Sciences (“NAS”) criticizing the varying quality of crime labs throughout the nation and questioning the scientific basis of several forensic methods that were routinely …
Article • December 19, 2017 • from CLN January, 2018
Oregon Supreme Court Announces Default Rule When Plea Agreement Silent About Reprosecution Upon Subsequent Death of Victim by Mark Wilson by Mark Wilson The Oregon Supreme Court upheld the dismissal of murder charges against a defendant who pleaded guilty under a plea agreement to assaulting a victim who subsequently died. …
Article • December 13, 2017
Third Circuit Questions Bail System While Upholding Dismissal of Lawsuit Alleging Malicious Prosecution by On September 1, 2016, the United States Court of AppeaIs for the Third Circuit affirmed a District Court's order dismissing the lawsuit filed by a man who was jailed for nearly a year on misdemeanor theft …
Article • December 7, 2017
$151,000 Malicious Prosecution Award Upheld by Pennsylvania Appellate Court by Christopher Zoukis by Chris Zoukis A three judge panel of the Commonwealth Court of Pennsylvania has upheld a Philadelphia County Court of Common Pleas finding that Detective Linda Blowes was liable for the tort of malicious prosecution to the tune …
Article • November 16, 2017 • from CLN December, 2017
Study’s Data Show Racial Disparity in Plea Bargaining Outcomes by Derek Gilna by Derek Gilna The Spring 2017 issue of Justice Quarterly published a report titled “Race, Plea, and Charge Reduction: An Assessment of Racial Disparities in the Plea Process,” which explores the perceived discrepancy in the outcomes for criminal …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Evidence
California SVP Determination Based on Hearsay Evidence Reversed by Mark Wilson by Mark Wilson The Court of Appeal of California, Second Appellate District reversed a Sexually Violent Predator (“SVP”) adjudication, finding that the State’s expert witnesses improperly testified about inadmissible hearsay evidence in support of their conclusion that the SVP …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Guilty Pleas, Prosecutors
Alford Pleas: Prosecutors’ Choice for the Wrongfully Convicted by David Reutter by David M. Reutter When confronted with wrongful convictions, many prosecutors are forcing the exonerated on remand to make a Hobson’s choice: risk another trial or enter an Alford plea and go home. Faced with the uncertainties of a …
Article • November 16, 2017
U.S. Court of Appeals for D.C. Circuit Holds Waiver of FOIA Rights in Plea Agreement Unenforceable by David Reutter by David Reutter The U.S. Court of Appeals for the D.C. Circuit held that a Freedom of Information Act (“FOIA”) waiver as part of a plea agreement is unenforceable on public …
Brief • June 29, 2017
State of IL v. Ringland, IL, Opinion, Evidence, 2017 Illinois Official Reports Supreme Court Digitally signed by Reporter of Decisions Reason: I attest to the accuracy and integrity of this document Date: 2018.01.30 13:19:16 -06'00' People v. Ringland, 2017 IL 119484 Caption in Supreme Court: THE PEOPLE OF THE STATE …
Publication • June 15, 2017
Tennessee Assistant District Attorney - Letter to Parole Board, 2016 OFFICE OF THE DISTRICT ATTORNEY GENERAL GLENN R. FUNK District Attorney General September 26, 2016 David Liner Executive Director, Tennessee Board of Parole 404 James Robertson Parkway, Suite 1300 Nashville, TN 37243 Subject: Robert Earl Polk, DOB 2/16/1983 Dear Director …
Publication • April 10, 2017
Filed under: Notice of Rules
CDCR - Division 3 Rules and Regulations, 2008 Hay'-.-' B 1^* <5.y , ' State of California '•r — California Code of Regutations a Title 15, !-• V Crime Prevention and Corrections f ' W^w 'w»ftfc,.Kv S8^@y^>»<A !--v: ..-r* ; - • . • J'.'V /.'k y vL^mQBSH •>' m …
Audit of the DEA’s Management and Oversight of its Confidential Source Program, OAG, 2016 Office of the Inspector General U.S. Department of Justice Audit of the Drug Enforcement Administration’s Management and Oversight of its Confidential Source Program Audit Division 16-33 September 2016 AUDIT OF THE DRUG ENFORCEMENT ADMINISTRATION’S MANAGEMENT AND …
Publication • July 26, 2016
How to Win Prison Disciplinary Hearings, Parmelee, 1996 The Only SelfDefense Manual for Sate & ederal Prisoners Ofli ing P oven Methods That Wor By e Dear Readers: I am sure you may "be noticing some content and fonnat changes in this manual compared to others previously shipped. The reason …
America's Top Five Deadliest Prosecutors - How Overzealous Personalities Drive The Death Penalty, Fair Punishment Project, 2015 FAIR PUNISHMENT PROJECT AMERICA’S TOP FIVE DEADLIEST PROSECUTORS: How Overzealous Personalities Drive The Death Penalty JUNE 2016 Last year, a journalist asked Dale Cox, then the District Attorney of Caddo Parish, Louisiana, about …
Publication • 2016
Filed under: Evidence, Expert Witnesses
EOPPCAST - Forensic Science in Criminal Courts, 2016 REPORT TO THE PRESIDENT Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods Executive Office of the President President’s Council of Advisors on Science and Technology September 2016 REPORT TO THE PRESIDENT Forensic Science in Criminal Courts: Ensuring Scientific Validity …
Prosecutorial Oversight, Innocence Project, 2016 Prosecutorial Oversight: A National Dialogue in the Wake of Connick v. Thompson march 2016 The Innocence Project would like to acknowledge and thank the following individuals who contributed to this report and its success: Lawanna Kimbro, Liz Jansky, Emily West, Stephen Saloom, Cookie Ridolfi and …
Publication • May 26, 2016
Challenging Disciplinary Decisions in DOC Custody Self-Help Manual, Bing, 2016 Disciplinary Tickets in DOC Custody Do NOT Plead Guilty! Pleading guilty waives your right to appeal your disciplinary infraction. Do NOT Plead “Guilty with an Explanation” This is the same as pleading guilty – you will be found guilty and …
Publication • February 24, 2016
Memo re Language Access Obligations Under EO 13166, OAG, 2010 ®fftte of tbe ~ttornep ~eneraI Wa%btngton, 1J.B. <t. 20530 June 28, 2010 MEMORANDUM FOR HEADS OF DEPARTMENT COMPONENTS FROM: C~ ATTORNEY GENERAL SUBJEC~angUage Access Obligations Under Executive Order 13166 It is the policy of the Department of Justice to ensure …
Publication • February 24, 2016
Order re Posting Plea Agreements Online, January 2, FL USDC, 2009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA ADMINISTRATIVE ORDER 2009-2 FILED by IN RE: REMOTE ELECTRONIC ACCESS TO PLEA AGREEMENTS / I D.C. JAN 222009 STEVEN M. LARIMORE CLERK U. S. DIST. CT. S. D. of FLA. - …
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