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Article • May 15, 2023 • from CLN June, 2023
New York Court of Appeals Announces When an Alternate Juror Is ‘Discharged’ and no Longer ‘Available for Service’ by Douglas Ankney by Douglas Ankney The Court of Appeals of New York ruled that under state law an alternate juror discharged from service cannot subsequently be seated to deliberate the case. …
Eleventh Circuit Announces Defendant Must Satisfy All Three Subsections of § 3553(f)(1) to Be Ineligible for Safety Valve by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit, sitting en banc, held that a defendant must satisfy all three subsections of the First Step Act, …
Article • May 15, 2023 • from CLN June, 2023
Ohio Supreme Court: Good-Faith Exception to Exclusionary Rule Inapplicable to Warrant Based on Affidavit Stating Cellphones Found at Scene of Traffic Crash ‘May’ Contain Evidence by Anthony Accurso by Anthony W. Accurso The Supreme Court of Ohio held that the Court of Appeals erred in applying the good faith exception …
Article • May 15, 2023 • from CLN June, 2023
Idaho Supreme Court: Confession Obtained in Violation of Miranda Inadmissible in State’s Case in Chief but May Be Used for Impeachment Purposes Where Defendant’s Will Was Not ‘Overborne’ During Interrogation by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho held that a confession obtained in violation of Miranda …
California Court of Appeal Announces ‘Plausible Justification’ as Standard for Claiming Entitlement to Discovery Under Racial Justice Act of 2020 by Mark Wilson by Mark Wilson In a case of first impression, the Court of Appeal of California, First Appellate District, vacated a trial court’s denial of a criminal defendant’s …
Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio ruled that Emile Weaver’s trial counsel was ineffective at her sentencing when he made mention of the term …
Article • May 15, 2023 • from CLN June, 2023
Study Explores Factors Underlying High Rate of American Police Killings by Eike Blohm, MD by Eike Blohm, MD Fatal encounters with police occur in the U.S. with disturbing frequency, setting us apart from other Western industrial nations. A recent study published in the Annual Review of Criminology explores the drivers …
Article • May 15, 2023 • from CLN June, 2023
by Eike Blohm, MD FATAL ENCOUNTERS WITH POLICE OCCUR in the U.S. with disturbing frequency, setting us apart from other Western industrial nations. A recent study published in the Annual Review of Criminology explores the drivers behind this American exce by Jordan Arizmendi by Jordan Arizmendi In a study by …
Tennessee Supreme Court Announces State Statute Automatically Sentencing Juvenile Offenders Convicted of First-Degree Murder to Life in Prison Is Unconstitutional by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Tennessee followed the U.S. Supreme Court’s guidance for proportionality analysis when sentencing juvenile offenders …
TSA Tests Facial Recognition Technology at Airports, Lawmakers Criticize Increased Surveillance by Miles Dyson by Miles Dyson The Transportation Security Administration (“TSA”) has ignited a fierce debate over privacy and surveillance as it pushes forward with trials of facial recognition technology at airports across the United States. While proponents argue …
Article • May 15, 2023
Police’s Limited Understanding of AI Tools Raises Concerns, Study Finds by Miles Dyson by Miles Dyson The increasing use of artificial intelligence (“AI”) tools in policing is raising concerns over the limited understanding of these technologies among law enforcement agencies, according to a recent study. As AI continues to play …
A Lie Is Still a Lie, Even if the Speaker Genuinely Believes It by Jordan Arizmendi by Jordan Arizmendi What did you eat for breakfast this morning? Most of us could answer that question – with a good deal of confidence in the accuracy of the answer. But what if, …
Massachusetts Supreme Judicial Court Affirms Granting of New Trial in Murder Case Based on IAC Where Counsel Failed to Investigate Exculpatory Evidence Contained in a Proffer and Provided to Counsel Prior to Trial by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts affirmed the granting of a …
Proactive Online Stings Do Little to Protect Children by Eike Blohm, MD by Eike Blohm, MD Many Americans landed themselvesin prison for enticement of a minor as a result of a police sting operation. The practice continues although it has never been shown to actually prevent crimes against children. The …
Article • May 15, 2023 • from CLN June, 2023
California Court Rejects Geofence Warrant by Anthony Accurso by Anthony W Accurso A California trial court held that ageofence warrant obtained by the San Francisco PD violated the Fourth Amendment and the recently enacted California Electronic Communications Privacy Act (“CalECPA”), requiring future warrants to be more narrowly tailored. People v. …
Article • May 15, 2023 • from CLN June, 2023
Filed under: News in Brief
News in Brief by Arkansas: The DOJ announced on Jan. 24, 2023, that two former police officers in Crawford County were charged with excessive use of force after beating a man at a gas station. The New York Times reported that the two former officers, Zackary King and Levi White, …
Article • May 15, 2023 • from CLN June, 2023
Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief by Dale Chappell by Dale Chappell Refusing to uphold an unconstitutional death sentence, the U.S. Court of Appeals for the Fourth Circuit held on March 22, 2023, that the State’s forfeiture of a procedural defense in …
Article • May 14, 2023
The Persistence of Polygraph Tests: A Misguided Reliance on Junk Science by The use of polygraph tests, despite their well-documented flaws and dubious scientific validity, continues to persist in various sectors of society. These so-called lie detectors have long been criticized as unreliable and prone to producing false results, yet …
Florida Governor Ron DeSantis Rejects Federal Central Bank Digital Currency, Signs Groundbreaking Bill Safeguarding Personal Finances from Government Control and Surveillance by Miles Dyson by Miles Dyson In a historic, first-of-its kind law in the nation, Governor Ron DeSantis of Florida signed into law on May 12, 2023, a landmark …
Article • May 13, 2023
FBI Continues Its War Against Public Key Encryption but Fails to Provide Evidence Requested by Congress by Miles Dyson by Miles Dyson In cynical move, the FBI has taken a controversial step towards advancing its anti-encryption agenda. Requesting assistance from local law enforcement agencies, the FBI has asked officers to …
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