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Article • April 15, 2023 • from CLN May, 2023
How Junk Science Helped Kill Tyre Nichols by Eike Blohm, MD By Eike Blohm, MD The militarization of American police is based on decades-old flawed pseudoscientific studies. The consequences are the deaths of unarmed civilians like Tyre Nichols. In 1989, a pivotal study entitled “Killed in the Line of Duty” …
Article • April 15, 2023 • from CLN May, 2023
Ohio Supreme Court Holds Termination of Community Control Is Final Discharge for Purposes of Sealing Records and Terminates Unsatisfied Condition to Pay Child-Support Arrearages by Matthew Clarke by Matthew Thomas Clarke The Supreme Court of Ohio held termination of nonresidential community control (“NCC”) is a “final discharge” within the meaning …
Article • April 15, 2023
The 24/7 Police Lineup of Face Recognition Technology by Jordan Arizmendi by Jordan Arizmendi If to err is human, how safe should we feel about an algorithm matching a criminal’s picture up against your charming portrait? Clearview AI is the latest software program that promises a near 100% accuracy in …
Article • April 15, 2023
Filed under: Police Chases, Traffic stop
Police Using GPS Sticky Darts to Avoid High-Speed Car Chases by Jordan Arizmendi by Jordan Arizmendi Every day, law enforcement is developing contraptions to make it easier for them to track and ensnare the general public. The latest device is a GPS dart that gets launched onto a suspect’s vehicle …
Article • April 15, 2023 • from CLN May, 2023
Police Violence Ignored When It Fails to Support the Media’s Ideological Bias by Benjamin Tschirhart, Richard Resch by Benjamin Tschirhart and Richard Resch The tragic shootings of Black people by white police officers are a catalyst for national outrage. They are regular grist for the media mill across the country …
Article • April 15, 2023 • from CLN May, 2023
Filed under: Veterans, Military Prisons
New York State’s Veterans Treatment Courts by Edward Lyon by Ed Lyon The U.S. has been involved in Middle Eastern wars since 1990’s Operation Desert Storm until the troop withdrawal from Afghanistan under President Biden in 2020. Consequently, there are around 19 million veterans in the country today, many of …
Article • April 15, 2023 • from CLN May, 2023
Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners by Dale Chappell by Dale Chappell If you’re filing for post-convictionrelief under 28 U.S.C. § 2255, getting the court to grant an evidentiary hearing is a big step toward getting that relief. Successful § 2255 motions are often based on claims …
Article • April 15, 2023 • from CLN May, 2023
A Brief History of K-9 Units in Law Enforcement by Kevin Bliss by Kevin W. Bliss The history of canine use in modern day policing began in the 1950s and ‘60s as a response to the “Negro problem” and has been used as a tool to “civilize the savagery of …
Article • April 15, 2023 • from CLN May, 2023
Georgia Supreme Court: Trial Courts Are Bound to Follow Precedent of Court of Appeals by Harold Hempstead by Harold Hempstead The Supreme Court of Georgia granted John A. Esposito’s application for discretionary appeal to answer in the affirmative the question of whether trial courts are bound to follow precedents of …
Article • April 15, 2023 • from CLN May, 2023
Filed under: News in Brief
News in Brief by News in Brief Alabama: It was announced by the Madison County Sheriff’s Office on Feb. 20, 2023, that a police officer in Madison was arrested, accused of sexual misconduct. AL.com and WHNT in northern Alabama reported that the officer, Kevin Walter, 35, was arrested on Feb. …
Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial by Mark Wilson by Mark Wilson The Supreme Court of Hawaii held that a trial court plainly erred in failing to instruct the jury that the “restraint” necessary …
Article • April 15, 2023 • from CLN May, 2023
California Court Rejects Geofence Warrant by Anthony Accurso by Anthony W Accurso A California trial court held that a geofencewarrant 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 • April 15, 2023 • from CLN May, 2023
Beware of Smart Devices That Infringe on Your Privacy by Casey Bastian by Casey J. Bastian The Surveillance Technology Oversight Project (“STOP”) released a review of smart devices entitled: “The Trojan House.” The revelations are concerning. If you like your privacy and don’t want strangers, hackers, and law enforcement surveilling …
Article • April 15, 2023 • from CLN May, 2023
California Supreme Court Announces Government’s Continuing Brady Obligations and Ethical Duty of Disclosure During Habeas Proceedings Regarding Alleged Exculpatory Evidence Available at Time of Trial but Suppressed by Richard Resch by Richard Resch In a case of first impression, the Supreme Court of California announced the constitutional, ethical, and habeas …
The FBI Used an Undercover Cop With Pink Hair to Spy on Activists and Manufacture Crimes by Trevor Aaronson by Trevor Aaronson The young woman with long pink hair claimed to be from Washington state. One day during the summer of 2020, she walked into the Chinook Center, a community …
Article • April 15, 2023 • from CLN May, 2023
First Circuit Vacates Sentence Containing 20-Year Upward Variance Because District Court Failed to Provide Case-Specific Factors or Rationale for Such a Large Variance by Richard Resch by Richard Resch The U.S. Court of Appeals for the First Circuit vacated Jadnel Flores-Nater’s 30-year prison sentence containing a 20-year upward variance because …
Article • April 15, 2023 • from CLN May, 2023
Filed under: Retroactivity
California Court of Appeal: Trial Court Erred by Concluding Senate Bill 1393 Does Not Apply to Cases Already Final on Appeal by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Sixth Appellate District, held that the trial court erred by denying recall of a prisoner’s sentence on …
Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty Plea by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for …
Eighth Circuit: Defendant Facing Revocation of Supervised Release Did Not Knowingly and Voluntarily Waive Right to Counsel Where Appointed Counsel Admittedly Knew Nothing About Case and Advised Choosing Between ‘Big House or the Nut House’ by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Eighth Circuit …
Article • April 15, 2023 • from CLN May, 2023
Idaho Supreme Court: Drug-Detection Dog Conducted Warrantless Search by Placing Paws on Exterior of Vehicle to Sniff for Drugs by Richard Resch by Richard Resch In a case of first impression, the Supreme Court of Idaho held that police conducted a warrantless search of a vehicle when a drug-detection dog …
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