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Fifth Circuit: Fourth Amendment Seizure Occurred When Officer Pulled Behind Parked Vehicle, Activated Emergency Lights, and Simultaneously Ordered Suspect to Remain in Vehicle by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that a Fourth Amendment seizure occurred when an officer, with emergency …
Article • December 15, 2023 • from CLN December, 2023
Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury by Matthew Clarke by Matt Clarke The Supreme Court of Kentucky reversed convictions for first-degree wanton endangerment (“FDWE”) and first-degree persistent felony offender, holding that the trial court …
Article • December 15, 2023 • from CLN December, 2023
California Supreme Court Reinstates Petition for Resentencing Under SB 1437 Because Trial Court Misapprehended Le-gal Requirements for Proving Aiding and Abetting Implied Malice Murder by Matthew Clarke by Matt Clarke The Supreme Court of California reinstated a prisoner’s petition for resentencing pursuant to Senate Bill No. 1437 (2017-2018 Reg. Session) …
Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit held a District Court commits “procedural error by failing to appreciate the scope …
Article • December 15, 2023 • from CLN December, 2023
Fourth Circuit Reverses § 924(c) Conviction Because Kidnapping No Longer Qualifies as Predicate Offense and ‘Critical Record Documents’ Do Not Show Firearm Charge Was ‘Expressly Predicated Upon’ Any Other Offense by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit reversed Elliott B. Graham’s 18 …
Article • December 15, 2023 • from CLN December, 2023
Sixth Circuit: Because Ohio’s Aggravated Robbery Statute Does Not Contain Mens Rea Requirement, Conviction Is Violent Felony Under ACCA Only if Underlying Theft in Robbery Contains Required Mens Rea by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that because Ohio’s aggravated robbery …
New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors by Anthony Accurso by Anthony W. Accurso New Mexico Governor Michelle Lujan Gresham signed SB64, the No Life Sentences for Juveniles Act, into law on March 17, 2023, ending life without parole (“LWOP”) sentencing for offenders …
Article • December 15, 2023 • from CLN December, 2023
Chicago Cop Lied So Many Times Under Oath That Prosecutors Are Dismissing Cases That Relied on His Testimony by Jordan Arizmendi by Jordan Arizmendi As an old and wise theologian once said, “A half-truth is a whole lie.” If we are to take those words to heart, then what should …
Article • December 15, 2023 • from CLN December, 2023
Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement by Casey Bastian by Casey J. Bastian “Having an encounter with police … is an unsettling encounter for anybody, but for someone with autism, it can be extremely distressing.” — Helen Lyons, Metropolitan Police Detective Superintendent, Adults Neglected, Vulnerable and Abused …
Brief • December 13, 2023
Wood v. Fl Dept of Education, FL, Complaint, Discrimination, 2023 Case 4:23-cv-00526-MW-MAF Document 1 Filed 12/13/23 Page 1 of 61 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION Katie Wood, Jane Doe, and AV Schwandes, Plaintiffs, v. Florida Department of Education; State Board of Education; Monesia …
Brief • December 8, 2023
Filed under: Strip Searches
Phillips v. Hulett, IL, Order on Final Approval and Final Judgment, Strip Search, 2023 3:12-cv-03087-JEH # 323 Filed: 12/08/23 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS PATRICIA PHILLIPS, et al., Plaintiffs, -vsMELODY HULETT, et al., Defendants. ) ) ) ) ) …
Brief • December 7, 2023
Filed under: Mail, Publications/Books
UnCommon Law-CDCR, Ltr Re Public Comment Re NCR 23-12 Proposed Reg Changes -Dec. 2023 (l) UNCOMMON LAW JUSTICE DONE DIFFERENTLY 318 Harrison Street, Suite 103, Oakland, CA 94607 Tel: (510) 271-0310 | Fax: (510) 817-4918 www.uncommonlaw.org December 7, 2023 CDCR Regulation and Policy Management Branch RPMB@cdcr.ca.gov CDCR Regulation and Policy …
Publication • December 7, 2023
LSPC-CDCR- Public Comments Re Ncr 23-12 Mail Processing - Dec. 2023 Legal Services for Prisoners with Children 4400 Market Street, Oakland, CA 94608 Regulation and Policy Management Branch Department of Corrections and Rehabilitation P.O. Box 942883 Sacramento, CA, 94283-0001 December 7, 2023 Re: Public Comment on NCR 23-12 Dear Regulation …
Brief • December 6, 2023
Doe v. Georgia Dept of Corrections, GA, Complaint, Transgender, 2023 Case 1:23-cv-05578-MLB Document 1 Filed 12/06/23 Page 1 of 85 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA JANE DOE, Plaintiff, v. GEORGIA DEPARTMENT OF Civ. Case No. _________________ CORRECTIONS; COMMISSIONER TYRONE OLIVER, in his official …
Brief • December 6, 2023
Doe v. Georgia Dept of Corrections, GA, Motion for Preliminary Injunction, Transgender, 2023 Case 1:23-cv-05578-MLB Document 2 Filed 12/06/23 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA JANE DOE, Civ. No. Plaintiff, v. GEORGIA DEPARTMENT OF CORRECTIONS et al., Defendants. PLAINTIFF’S MOTION FOR PRELIMINARY …
Brief • December 6, 2023
Doe v. Georgia Dept of Corrections, GA, Memorandum of Law in Support of Motion for Prelim Injunction, Transgender, 2023 Case 1:23-cv-05578-MLB Document 2-1 Filed 12/06/23 Page 1 of 39 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA JANE DOE, Civ. No. Plaintiff, v. GEORGIA DEPARTMENT OF CORRECTIONS, et …
Brief • December 6, 2023
Filed under: Failure to Treat
Greer v. County of San Diego, CA, Memo of Points and Authorities in Support of His Motion to Compel Information, Medical Neglect,2023 6 EUGENE G. IREDALE: SBN 75292 JULIA YOO: SBN 231163 GRACE JUN: SBN 287973 IREDALE & YOO, APC 105 West F Street, Fourth Floor San Diego, CA 92101-6036 …
Brief • December 6, 2023
Filed under: Failure to Treat
Greer v. County of San Diego, CA, Plaintiff's Reply to Dft County of San Diego's Response to Plaintiff's Motion to Compel, Medical Neglect, 2023 6 EUGENE G. IREDALE: SBN 75292 JULIA YOO: SBN 231163 GRACE JUN: SBN 287973 IREDALE & YOO, APC 105 West F Street, Fourth Floor San Diego, …
Brief • December 6, 2023
Ireland v. Prummell, FL, Motion to Compel Production of Corizon's Mortalitiy Review, Wrongful Death, 2023 IUNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION THOMAS B. IRELAND, CIVIL ACTION Plaintiff, Case No. 2:17-cv-468-FtM-MRM v. BILL PRUMMELL et al., Defendants. PLAINTIFF’S MOTION TO COMPEL PRODUCTION OF CORIZON’S …
Brief • December 4, 2023
Gilliam v. Dept of Public Safety and Correctional Services, MD, Order Granting and Denying Part Prelim Injunction, Transgender, 2023 Case 1:23-cv-01047-MJM Document 75 Filed 12/04/23 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CHELSEA GILLIAM, et al., * Plaintiffs * v. Civil Action …
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