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Article • March 15, 2023 • from CLN April, 2023
SCOTUS: Arizona Supreme Court’s Interpretation of State Procedural Rule so ‘Novel and Unforeseeable’ It’s Not ‘Adequate’ to Preclude SCOTUS Review of Federal Death-Penalty Claim by Richard Resch by Richard Resch In a 5-4 decision written by Justice Sotomayor, the Supreme Court of the United States held that the Arizona Supreme …
Article • March 15, 2023 • from CLN April, 2023
Pennsylvania Supreme Court: Exigent Circumstances Exception Does Not Justify Police’s Warrantless Seizure of Suspect’s Blood Sample by Hospital Staff by Jacob Barrett by Jacob Barrett The Supreme Court of Pennsylvania upheld a Superior Court’s decision that a blood sample taken by hospital staff must be suppressed because neither the exigent …
Article • March 15, 2023 • from CLN April, 2023
Filed under: Daubert Standards
New Jersey Supreme Court Announces Adoption of Daubert-Type Standard for Criminal and Quasi-Criminal Cases in Assessing Admissibility of Expert Evidence Under Rule 702 by Richard Resch by Richard Resch The Supreme Court of New Jersey unanimously adopted a Daubert-type standard for determining the admissibility of expert evidence under New Jersey …
Article • March 15, 2023 • from CLN April, 2023
Filed under: News in Brief
News in Brief by Alabama: A former police officer in Birmingham was sentenced for murder on Feb. 6, 2023. AL.com reported that the former officer, Alfreda Fluker, 42, once a detective, was found to have shot and killed Kanisha Nicole Fuller, 43. The killing took place on April 11, 2020, …
Article • March 15, 2023 • from CLN April, 2023
Filed under: junk science
An Argument Without Teeth: The Flawed Science of Bite Mark Analysis by Eike Blohm, MD by Eike Blohm, MD A review published by the National Institute of Standards and Technology (“NIST”) found that forensic bite mark analysis lacks sufficient scientific foundation. Adult humans have 32 teeth but only the foremost …
Article • March 15, 2023 • from CLN April, 2023
Survivors of Police Shootings Face Daunting Legal, Emotional, and Physical Challenges by Eike Blohm, MD by Eike Blohm, MD Approximately 1,100 Americans are shot and killed by police every year. In the shadow of this figure is a hidden population of survivors left with permanent disabilities, crippling medical debt, emotional …
Article • March 15, 2023 • from CLN April, 2023
Massachusetts Supreme Court: Probationer’s Due Process Right to Present a Defense Violated Where Denied Opportunity to Call Complainant Who Alleged Sexual Assault as a Witness During Probation Revocation Hearing by Harold Hempstead by Harold Hempstead The Supreme Judicial Court of Massachusetts held that a probationer’s due process right to present …
Article • March 15, 2023 • from CLN April, 2023
Fourth Circuit: Immigration Judge’s Failure to Inform Noncitizen of Right to Appeal Deportation Order Was Prejudicial and Invalidated Later Indictment for Illegal Reentry by Jacob Barrett by Jacob Barrett The U.S. Court of Appeals for the Fourth Circuit ruled that an immigration judge’s failure to inform an undocumented noncitizen of …
Article • March 15, 2023 • from CLN April, 2023
Filed under: Traffic Stops
Wyoming Supreme Court Rules Officer’s Conduct Prior to Traffic Stop for Traffic Violation Rendered Stop Unreasonable by Anthony Accurso by Anthony W. Accurso The Supreme Court of Wyoming held that a state trooper’s actions prior to observing a traffic violation rendered the traffic stop unreasonable under both the Wyoming and …
Article • March 15, 2023 • from CLN April, 2023
Eighth Circuit Announces ‘Probable Cause’ Is Proper Standard for Determining Whether Parolee Resides at Third-Party’s Residence for Purposes of Warrantless Searches by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Eighth Circuit upheld a suppression motion relating to the warrantless search of a home where …
Article • March 15, 2023 • from CLN April, 2023
Minnesota Supreme Court Announces Plain Language of Interference With Privacy of a Minor Statute Requires That Defendant Must Have Known Victim Was Under 18 at Time of Offense by Jacob Barrett by Jacob Barrett In a case of first impression, the Supreme Court of Minnesota reversed and dismissed the charges …
Article • March 15, 2023 • from CLN April, 2023
360 Degree Surveillance: How Police Use Public-Private Partnerships to Spy on Americans by Nisha Whitehead, John W. Whitehead by John W. Whitehead and Nisha Whitehead, The Rutherford Institute – Commentary “We live in a surveillance state founded on a partnership between government and the technology industry.” — Law Professor Avidan …
Texas Court of Criminal Appeals: Adding Felony Counts by Amending Indictment Constitutes Addition of More Offenses by Douglas Ankney by Douglas Ankney The Court of Criminal Appeals of Texas ruled that adding felony counts to an indictment via an amended indictment constitutes the adding of additional offenses to the indictment …
California Court of Appeal Holds Phrase ‘From Date of Parole’ Refers to the Start Date of Parole and the Federal Fair Credit Reporting Act Does Not Preempt the California Investigative Consumer Reporting Agencies Act by Douglas Ankney by Douglas Ankney In consolidated appeals, the Court of Appeal of California, Fourth …
Article • March 15, 2023 • from CLN April, 2023
The Mounting Geofencing Threat by Michael Thompson by Michael Dean Thompson The January 6th Capitol riot illustrates how geofencing warrants are threatening American citizens. As part of the investigations into the events, the FBI served a geofencing warrant to Google that demanded a list of all the devices in or …
Article • March 10, 2023
Historic Settlement of $21,000 for Each Police Brutality Protester ‘Kettled’ and Beaten by NYPD by Jo Ellen Nott by Jo Ellen Nott On March 1, 2023, New York City agreed to settle a class action lawsuit brought on behalf of more than 300 protesters who were penned up by NYPD …
Article • March 10, 2023
Minnesota Governor Restores Voting Rights to 50,000 Former Prisoners by Jo Ellen Nott by Jo Ellen Nott On March 3, 2023, Governor Tim Walz signed legislation that will give 50,000 Minnesotans previously convicted of a felony immediate voting access. The bill restores political franchise to those who served their time …
Article • March 5, 2023
Chicago Pays $40 Million Per Year to Private Firms to Defend Police Violence Cases by Jo Ellen Nott by Jo Ellen Nott Police misconduct is costing the city of Chicago nearly $40 million a year in outside legal fees. Although the city has its own in-house counsel to handle legal …
Article • March 5, 2023
Active Bystandership for Law Enforcement Training Teaches Police Officers How to Intervene When Their Fellow Officers Use Excessive Force by Jo Ellen Nott by Jo Ellen Nott An epidemic of police officers using excessive force in situations that do not require police brutality to subdue or arrest an individual in …
Article • March 4, 2023
$2 Million Settlement for Family of Beloved Musician, Cory Jones, Killed by Florida Cop Now Serving 25 Years for Slaying by Jo Ellen Nott by Jo Ellen Nott On February 23, 2023, the city of Palm Beach Gardens, 77 miles north of Miami, agreed to settle with the family of …
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