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Article • February 15, 2022 • from CLN March, 2022
Eighth Circuit: Inadmissible Hearsay Improperly Used to Revoke Supervised Release by Matthew Clarke by Matt Clarke  The U.S. Court of Appeals for the Eighth Circuit held that the U.S. District Court for the Western District of Missouri erroneously relied on inadmissible hearsay to revoke a federal defendant’s supervised release. The …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Hearsay Evidence
Pennsylvania Supreme Court Announces Framework for Determining Whether State of Mind Exception to Hearsay Rule Applies to Out-of-Court Statements, Dual-Purpose Statements Generally Inadmissible by Matthew Clarke by Matt Clarke The Supreme Court of Pennsylvania held that a note implicating the husband of a woman who was drowned the day after …
Article • December 15, 2021 • from CLN January, 2022
Missouri Supreme Court: Evidence Found in Cell Phone Seized at Sheriff’s Office Instead of Defendant’s Home, Identified as Location to Be Searched in Warrant, Must Be Suppressed by Anthony Accurso by Anthony W. Accurso The Supreme Court of Missouri held that evidence obtained from a cell phone seized from defendant …
California Supreme Court Announces Hearsay Regarding Nonpredicate Offenses in Psychological Evaluation Reports Inadmissible in SVP Probable Cause Hearings by Douglas Ankney by Douglas Ankney The Supreme Court of California held that Welfare and Institution Code § 6602, subd. (a) does not create an exception permitting hearsay regarding nonpredicate offenses to …
Article • October 15, 2021 • from CLN November, 2021
California Supreme Court Announces Predicate Offenses for Gang Enhancement or Gang Participation Not Provable Using Expert Witness Testimony Without Personal Knowledge of Facts by Matthew Clarke by Matt Clarke The Supreme Court of California held that, for charges of gang participation and gang enhancements under California Penal Code, § subdivisions …
Article • September 15, 2021 • from CLN October, 2021
Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes by Douglas Ankney by Doug Ankney The U.S. Court of Appeals for the Fourth Circuit held that a Racketeer Influenced and Corrupt Organizations Act (“RICO”) conspiracy in violation of 18 U.S.C. § 1962(d) is not categorically a “crime …
Article • September 15, 2021 • from CLN October, 2021
California Supreme Court Announces Predicate Offenses for Gang Enhancement or Gang Participation Not Provable Using Expert Witness Testimony Without Personal Knowledge of Facts by Matthew Clarke by Matt Clarke The Supreme Court of California held that, for charges of gang participation and gang enhancements under California Penal Code, § subdivisions …
Article • September 10, 2021
Mistrial Declared in Case Against Miami Beach Police Tech Accused of Mishandling Evidence by In a strange twist of events, a mistrial was declared on September 8, 2021, in the case against Jason Bruder, a technician with the Miami Beach Police Department (MBPD) accused of mishandling evidence and then falsifying …
Article • June 15, 2021 • from CLN July, 2021
Texas Court of Criminal Appeals: Warrantless Arrest Designed to Elicit a Confession Constitutes Flagrant Misconduct Requiring Suppression of Confession by Douglas Ankney by Douglas Ankney The Texas Court of Criminal Appeals (“TCCA”) reversed Jesse Adrian Martinez’s conviction after determining that the Court of Appeals (“COA”) misapplied the factors of Brown …
Article • May 15, 2021 • from CLN June, 2021
New Hampshire Supreme Court: Defendant Had Subjective and Objective Expectation of Privacy in Apartment Building’s Utility Closet in Common Areas, Evidence Suppressed by Anthony Accurso by Anthony Accurso The Supreme Court of New Hampshire held that a defendant had a reasonable expectation of privacy in his apartment’s utility closet and …
Article • April 15, 2021 • from CLN May, 2021
Fourth Circuit: Police Request for ID Outside Valid Terry Stop Unconstitutional by Anthony Accurso by Anthony Accurso U.S. Court of Appeals for the Fourth Circuit held officers lacked probable cause to arrest a motorist who failed to provide identification when officers stopped to help with car trouble. On April 25, …
Article • February 15, 2021 • from CLN March, 2021
Mens Rea: Criminal Liability Should Equal Criminal Intent by Casey Bastian by Casey Bastian The American justice system was premised on certain legal principles. One of its most vital foundational principles was mens rea. Mens rea is Latin and literally means “guilty mind.” The principle that, to hold someone liable …
Article • January 15, 2021 • from CLN February, 2021
Montana Supreme Court: Statistical Evidence on False Accusations of Rape Improperly Bolstered Witness Credibility by Anthony Accurso by Anthony Accurso The Supreme Court of Montana ruled that the district court abused its discretion and denied defendant a fair trial by allowing expert witness testimony on statistics about false reports of …
Article • January 15, 2021 • from CLN February, 2021
New York Court of Appeals Reverses Denial of Suppression Motion Where Prosecution Fails to Provide Specific Facts to Show Traffic Stop Was Lawful by Douglas Ankney by Douglas Ankney The Court of Appeals of New York reversed the decision of the appellate division that had affirmed a county court’s denial …
Article • December 15, 2020 • from CLN January, 2021
Ninth Circuit Announces Panels of Court of Appeals May Fashion Remedy When District Court Commits Daubert Error by Douglas Ankney by Douglas Ankney In its November 5, 2020 opinion, the U.S. Court of Appeals for the Ninth Circuit, en banc, announced that panels of the Ninth Circuit may now fashion …
Article • November 15, 2020 • from CLN December, 2020
Hawai’i Supreme Court Announces Admissibility of Third-Party Culpability Evidence Is Same Relevancy Test That’s Applied for Other Evidence, Superseding Rabellizsa by Douglas Ankney   by Douglas Ankney The Supreme Court of Hawai’i announced that the standard for admission of third-party culpability evidence is the same as the relevancy test that …
Article • September 15, 2020 • from CLN October, 2020
From Detroit: How Not to Use Facial Recognition in Policing by Anthony Accurso by Anthony Accurso A June 24, 2020, article in The New York Times by Kashmir Hill recounts the wrongful imprisonment of a Detroit man due to misuse of facial-recognition software. In January 2020, Robert Julian-Borchak Williams was …
Problems With Predictive Policing by Jayson Hawkins by Jayson Hawkins Phillip K. Dick made the concept of “pre-crime” famous in his novel Minority Report, which described a future where people with “pre-cognitive” abilities could predict a crime and those predictions were used to arrest and convict “offenders.” Without the luxury …
Article • July 15, 2020 • from CLN August, 2020
Devastating Consequences of Chicago Gang Database – And No Way to Be Removed by Bill Barton by Bill Barton In 2018, the MacArthur Justice Center filed a class-action lawsuit against the city of Chicago, former Police Superintendent Eddie Johnson, and the city’s police officers, challenging the city’s gang database. The …
Divide and Conquer: New Algorithm Examines Crime-Scene Bullets Segment by Segment by by the National Institute of Standards and Technology, U.S. Department of Commerce On the morning of March 22, 1915, residents of the small town of West Shelby, New York, awoke to a horrific scene. A woman clad only …
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