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Article • December 15, 2023 • from CLN December, 2023
Indiana Supreme Court Reverses Involuntary Manslaughter Conviction Where Trial Court Denied Defense Counsel Opportunity to Directly Voir Dire Prospective Jurors by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana reversed Kyle N. Doroszko’s involuntary manslaughter conviction because the trial court denied defense counsel the opportunity to voir dire …
Eleventh Circuit Announces Defendant May Not Be Sentenced to Home Confinement for Violating Terms of Supervised Release When Sentenced to Statutory Maximum Period of Imprisonment for the Violation by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held …
Article • December 15, 2023 • from CLN December, 2023
Louisiana Sheriffs Repeatedly and Conveniently Destroy Public Records by Benjamin Tschirhart by Benjamin Tschirhart There are 64 sheriffs across the state of Louisiana. Despite what many of them apparently believe, they are subject to certain rules and laws, just like the rest of us. That message just hasn’t reached some …
CBP Promises Not to Buy Location Data – But Is It a Hollow Promise? by Michael Thompson by Michael Dean Thompson Global Positioning Satellite (“GPS”) systems began as a tool to help the American military prosecute wars. Among its many uses today is to help the American criminal justice system …
Article • December 15, 2023 • from CLN December, 2023
New York Court Rules Police Allowed to Use Familial DNA Searches by Jordan Arizmendi by Jordan Arizmendi In 2022, a New York court barred law enforcement from using familial DNA searches (“FDS”). According to the court, the state’s regulations for FDS were invalid because they first needed to be approved by the …
Article • December 15, 2023 • from CLN December, 2023
The EFF Is Tackling Border Towers, Facilitating Research into Impact of Mass Surveillance by Anthony Accurso by Anthony W. Accurso The Electronic Frontier Foundation (“EFF”) released an interactive map to track the network of surveillance towers along the U.S. borders with Mexico and Canada, as well as several and some …
Article • December 15, 2023 • from CLN December, 2023
After Mississippi Supreme Court Announcement, Courts Unprepared to Ensure Poor Defendants Have a Lawyer Throughout the Criminal Process by Jo Ellen Nott by Jo Ellen Nott The Mississippi Supreme Court mandated on April 13, 2023, that poor criminal defendants must have an attorney throughout the entire criminal process. In re …
Article • December 15, 2023 • from CLN December, 2023
Natural Language Processing Software Can Identify Biased Jury Selection, Has Potential to Be Used in Real Time During Voir Dire by Jo Ellen Nott by Jo Ellen Nott The Journal of Empirical Legal Studies published a ground-breaking study out of Cornell University that proves prosecutors question Black venire persons in …
Article • December 15, 2023 • from CLN December, 2023
Maine Supreme Judicial Court Announces Clarification of Test for Violation of Right to Speedy Trial Under Maine Constitu-tion by David Reutter by David M. Reutter The Supreme Judicial Court of Maine concluded a post-conviction review (“PCR”) court misconstrued aspects of relevant law concerning a claim that counsel’s failure to assert …
Article • December 15, 2023 • from CLN December, 2023
Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired by Richard Resch by Richard Resch The Court of Criminal Appeals of Texas held a trial court lacked jurisdiction to revoke community supervision …
Report Finds Effective Text Message Reminders Can Reduce Community Supervision Violations by Jordan Arizmendi by Jordan Arizmendi Once upon a time, parole and probation – also referred to as community supervision – were intended to reduce our nation’s jail and prison populations. In fact, when used properly, community supervision can …
Article • December 15, 2023 • from CLN December, 2023
Use of Forensic Genetic Genealogy Searches to Identify Suspects Needs Regulation and Can Be Challenged by Matthew Clarke by Matthew Clarke Ever since it was used to identify the Golden Gate Killer in 2018, Forensic Genetic Genealogy (“FGG”) has been accepted by law enforcement as a tool for identifying unknown …
Article • December 15, 2023 • from CLN December, 2023
Texas Using Highly Sophisticated Israeli Phone Tracking Software by Jo Ellen Nott by Jo Ellen Nott Texas Governor Greg Abbott (R) launched Operation Lone Star in March 2021 after declaring a state of emergency in response to a rise in border crossings and fentanyl trafficking in southern Texas. As part …
Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit held that because a conviction under Pennsylvania’s first-degree aggravated assault statute, 18 Pa. Cons. …
First Circuit: Justification for Upward Sentencing Departure Following Supervised Release Revocation Must Be Ade-quately Explained by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the First Circuit held that the U.S. District Court for the District of Puerto Rico’s upward variant sentence after revocation of supervised release …
Article • December 15, 2023 • from CLN December, 2023
‘Criminal Courteaucracy’: Understanding the Unique Role of Criminal Court Administrators in Implementing Social Con-troll by David Reutter by David M. Reutter This Paper “is the first to provide an in-depth analysis of the role criminal court administrators have played in the shift from criminal courts as sites of adjudication to …
Article • December 15, 2023 • from CLN December, 2023
We the Targeted: How the Government Weaponizes Surveillance to Silence its Critics 2372 by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead “Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the …
Article • December 15, 2023 • from CLN December, 2023
Filed under: News in Brief
News in Brief by Arizona: KNXV Phoenix reported that on October 20, 2023, former prosecutor April Sponsel had some interesting things to say at the State Bar trial against her. She was fired for conspiring with law enforcement to falsely charge protestors as gang members. She adamantly denied any wrongdoing …
Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court of Massachusetts ruled defendant’s (a Black man of the Muslim faith) showing that trial counsel harbored …
Article • December 15, 2023 • from CLN December, 2023
Fourth Circuit: Disparate Sentence of 30 Years for Two § 924(c) Convictions Constitutes ‘Extraordinary and Compelling Reason’ for Early Release and § 3553(a) Sentencing Factors ‘Overwhelmingly’ Favor Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that Kelvin Brown’s disparate sentence …
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