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Article • June 15, 2023 • from CLN July, 2023
SCOTUS Announces ‘Right-to-Control’ Theory Not Valid Basis for Liability Under Federal Wire Fraud Statutes by Richard Resch by Richard Resch The Supreme Court of the United States (“SCOTUS”) held that the “right-to-control” theory of liability, which imposes liability for depriving the victim of “potentially valuable economic information … necessary to …
Texas Court of Criminal Appeals: Trial Court Deprived Defendant of Opportunity to Present Complete Defense by Douglas Ankney by Douglas Ankney  The Court of Criminal Appeals of Texas held that the trial court erred when it prohibited William Rogers from presenting evidence to support his claim of self-defense and also …
Article • June 15, 2023 • from CLN July, 2023
SCOTUS: Honest-Services Fraud Jury Instructions Regarding Private Citizen Too Vague by Richard Resch by Richard Resch The Supreme Court of the United States held that a trial court’s jury instructions on the standard as to whether a private citizen owes a fiduciary duty to the public and a breach thereof …
Article • May 29, 2023
Secondary DNA Transfer: Little Known Phenomenon That Puts You at a Crime Scene You’ve Never Visited and Places a Murder Weapon You’ve Never Touched in Your Hand by Miles Dyson by Miles Dyson In 2008, European authorities were hot on the trail of a highly prolific serial killer and burglar. …
Article • May 25, 2023
Maryland Cops Stop People Based on Smell of Pot Despite Being Legal in State, Lawmakers Pass Bill to End Abusive Practice by Miles Dyson by Miles Dyson Maryland lawmakers have passed a bill that will restrict police officers’ ability to search people based on the smell of marijuana. The bill, …
Florida Governor Ron DeSantis’ Police Relocation Program Has Lured Officers With Violent Records, Including Charges of Murder, Kidnapping, and Brutality by Miles Dyson by Miles Dyson Florida Governor Ron DeSantis has spent more than $13.5 million to lure police officers from other states to Florida with a recruitment bonus program. …
Article • May 22, 2023
Dozens of LA Sheriff’s Deputies Suspected of Gang Membership Ordered to Show Gang Tattoos and Snitch on Fellow Cops by Miles Dyson by Miles Dyson Dozens of Los Angeles County Sheriff’s (“LASD”) deputies have been ordered to show their suspected gang tattoos and reveal the names of other deputies who …
Article • May 20, 2023
After Spending Over 30 Years in Prison for a Murder Maryland Man Didn’t Commit, Judge Grants Petition for Writ of Actual Innocence by Miles Dyson by Miles Dyson Baltimore City Circuit Court Judge Charles Peters granted a petition for a writ of actual innocence, overturning the conviction of Anthony Hall, …
Article • May 18, 2023
Bipartisan Call for Postal Service to Overhaul Warrantless Snooping for Law Enforcement and Intelligence Agencies by Miles Dyson by Miles Dyson Senators Ron Wyden and Rand Paul are calling for a significant overhaul of the U.S. Postal Service’s surveillance policies, which currently allow warrantless monitoring of individuals’ mail on behalf …
Article • May 17, 2023
Indiana Passes Law Prohibiting Police From Lying to Juveniles During Interrogation to Help Prevent False Confessions by Miles Dyson by Miles Dyson Indiana lawmakers have passed a new law that prohibits law enforcement from lying to juveniles during interrogations. The law, which was signed by Gov. Eric Holcomb on May …
Article • May 17, 2023
Los Angeles Superior Court Issues Historic Preliminary Injunction on Cash Bail Enforcement by Miles Dyson by Miles Dyson LOS ANGELES — In a groundbreaking move, the Los Angeles Superior Court has issued a preliminary injunction that puts an end to the detention of individuals solely due to their inability to …
Article • May 15, 2023 • from CLN June, 2023
Filed under: junk science, Firearms
The Evolving Science, Skepticism, and Limited Evidentiary Value of Firearm and Toolmark Identification by Douglas Ankney by Douglas Ankney In People v. Kirschke, 53 Cal.App.3d 405 (1975), a firearm and toolmark identification (“FTI”) expert testified for the prosecution “that an evidence bullet had been fired by a particular firearm and …
Article • May 15, 2023 • from CLN June, 2023
Op-Ed: Fix the First Step Act and Let Reformed Prisoners Out From Behind Bars – Time Credits and the Irrebuttable Presumption Doctrine by Christopher Cobb by Christopher D. Cobb I am a federal prisoner housed at theFederal Satellite Low located in Jesup (“Jesup”), Georgia, and a subscriber to both PLN …
Article • May 15, 2023 • from CLN June, 2023
Beyond Rehabilitation: Personal Achievement and Selfless Service as Grounds for Federal Compassionate Release by Luke Sommer, James Lockhart by Luke E. Sommer and James A. Lockhart Prior to the passage of the First Step Actof 2018, federal prisoners had to rely on the Director of the Federal Bureau of Prisons …
Article • May 15, 2023 • from CLN June, 2023
SCOTUS Announces Statute of Limitations for § 1983 Claim Challenging State’s Postconviction DNA Testing Procedures Begins to Run Upon Completion of State-Court Litigation, Including Appeals by Richard Resch by Richard Resch The Supreme Court of the United States held that when a prisoner’s request for postconviction DNA testing of evidence …
Article • May 15, 2023 • from CLN June, 2023
Filed under: Police Interrogations
Oregon Supreme Court: Right to Counsel Violated by Police Questioning Defendant About an Uncharged Crime in Connection With Charged Crime for Which Defendant Represented by Counsel by Mark Wilson by Mark Wilson The Supreme Court of Oregon vacated a murder conviction, holding that police questioning of a represented criminal defendant …
Article • May 15, 2023 • from CLN June, 2023
Washington Supreme Court Announces Adoption of ‘Rule of Automatic Reversal’ When Prosecutor Flagrantly Appeals to Racial and Ethnic Bias During Voir Dire by Mark Wilson by Mark Wilson The Supreme Court of Washington, sitting en banc, announced a new rule for situations involving flagrant appeals to racial and ethnic bias …
Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention by Harold Hempstead by Harold Hempstead The Supreme Judicial Court of Massachusetts held that the pretrial detention period in General Laws c. 276, § 58B begins to run when a defendant is detained, not when an order …
Article • May 15, 2023 • from CLN June, 2023
Seventh Circuit: Fugitive Who Leased Condo Under Alias Retained Expectation of Privacy so Landlord Could Not Give Valid Consent for Warrantless Search of Premises by Richard Resch by Richard Resch The U.S. Court of Appeals for the Seventh Circuit ruled that a suspect in a federal drug investigation who leased …
Article • May 15, 2023 • from CLN June, 2023
California Court of Appeal: Geofence Warrant Violates ‘Particularity’ Requirement of Fourth Amendment and Is ‘Overbroad’ but Good Faith Exception Applies Because of the Novelty of Geofence Warrants at Time Sought and Executed by Richard Resch by Richard Resch The Court of Appeal of California, Second Appellate District, held that a …
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