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Article • February 19, 2023
Madeline Mendoza Exonerated After Wrongful Conviction for Murder Engineered by Disgraced Former Chicago PD Detective Reynaldo Guevara by Jo Ellen Nott by Jo Ellen Nott In January 2023, a Cook County Illinois judge vacated the wrongful conviction of Madeline Mendoza who served 17 years in prison for a murder she …
Police Departments’ Purchase of Tracking Tool Collecting Location Data Without a Warrant Raises Fourth Amendment Concerns by Jo Ellen Nott by Jo Ellen Nott In July 2022, the Virginia State Police paid $15,000 to purchase a subscription from Fog Data Service for its Fog Reveal tracking tool according to ABC …
Article • February 19, 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 • February 19, 2023
Illinois Town Will Pay $12 Million to Family After SWAT Officer Shot 12-Year-Old in Kneecap While Sitting on Bed With Hands Up by Jo Ellen Nott by Jo Ellen Nott In early February of 2023, Al Holfeld, Jr., lawyer for Crystal Worship and her son Amir, announced that their federal …
Article • February 15, 2023 • from CLN March, 2023
Filed under: Traffic Stops
Colorado Supreme Court: Police Lacked Reasonable Suspicion for Traffic Stop Based on Alleged Unsafe Lane Change by Anthony Accurso by Anthony W Accurso The Supreme Court of Colorado, sitting en banc, ruled that a state trooper lacked reasonable suspicion to initiate a traffic stop based on the driver allegedly making …
Article • February 15, 2023 • from CLN March, 2023
Filed under: Victims, Home Search
Indiana Supreme Court: Defendant Who Was Both Victim of Crime and Suspect in Unrelated Crime Entitled to Pirtle Warning Prior to Police Asking for Consent to Search Home by Anthony Accurso by Anthony Accurso The Supreme Court of Indiana reversed the denial of a suppression motion after finding that the …
Article • February 15, 2023 • from CLN March, 2023
Federal Habeas Corpus: How to Raise a Fourth Amendment Claim by Dale Chappell by Dale Chappell The slam dunk for federal habeas claims, if such a thing exists, would be a claim that successfully challenges the evidence in a criminal case. By tossing the unlawfully-obtained evidence, not only would the …
Article • February 15, 2023 • from CLN March, 2023
California Court of Appeal Affirms Grant of Suppression Motion Where Officer’s Pat Search of Defendant Based on High Crime Area, Baggy Clothes, Criminal Record, and Suspect in Separate Case by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, affirmed the Solano County Superior Court’s …
Article • February 15, 2023 • from CLN March, 2023
Filed under: Hearsay Evidence
Missouri Supreme Court: Use of Out-of-Court Statement Admitted at Trial Exceeded Limited Purpose of Exception to Rule Against Hearsay Upon Which It Was Admitted by Matthew Clarke by Matt Clarke The Supreme Court of Missouri, sitting en banc, held that the trial court committed prejudicial error by allowing a police …
Article • February 15, 2023 • from CLN March, 2023
Ohio Supreme Court: Defendant Has Reasonable and Legitimate Basis to Withdraw Guilty Plea Before Sentencing When He Discovers Evidence That Would Have Affected Decision by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held that Terry Barnes Sr. had a reasonable and legitimate basis to withdraw his guilty …
Article • February 15, 2023 • from CLN March, 2023
California Court of Appeal: ‘Actual Killer’ Under Felony-Murder Rule Means Person ‘Who Personally Killed the Victim” by Harold Hempstead by Harold Hempstead The Court of Appeal of California, Third Appellate District, held that the term “actual killer” under the current felony-murder rule, as amended by Senate Bill No. 1437 (2017-2018 …
Article • February 15, 2023 • from CLN March, 2023
Attorney General Garland Orders Federal Prosecutors to End Sentencing Disparities Between Crack and Powder Cocaine by Matthew Clarke by Matt Clarke On December 16, 2022, U.S. Attorney General Merrick Garland issued a memorandum to all federal prosecutors instructing them to seek to have defendants charged with drug offenses involving crack …
Article • February 15, 2023 • from CLN March, 2023
Governor of Oregon Leaves Legacy of Reformation While Leaving Office by Kevin Bliss by Kevin W. Bliss Criminal justice reform proactivist Governor Kate Brown (D) has granted over 1,100 clemencies during her two terms in office, more than the 50 previous governors before her combined. In response to the COVID-19 …
Article • February 15, 2023 • from CLN March, 2023
Nevada Supreme Court: Trial Court Erred in Denying Motion to Substitute Counsel Where Ample Evidence Showed Counsel Was Unprepared and Motion Timely by Harold Hempstead by Harold Hempstead The Supreme Court of Nevada ruled that a trial court erred in denying defendant’s motion to substitute counsel where the record demonstrated …
Article • February 15, 2023 • from CLN March, 2023
Houston Cop from Fatal Raid Lied in Other Cases by Jayson Hawkins by Jayson Hawkins In October 2016, Frederick Jeffery was arrested for possession of two-and-a-half grams of methamphetamine, which he repeatedly stated did not belong to him. As a person with prior convictions, he knew it was a huge …
Article • February 15, 2023 • from CLN March, 2023
Electronic Freedom Foundation’s Atlas of Surveillance Helps You Watch Those Who Watch Us by Michael Thompson by Michael Dean Thompson The Electronic Freedom Foundation (“EFF”), working with journalism students at the University of Nevada, Reno (“UNR”), created the Atlas of Surveillance as a pilot from counties along the U.S. border …
Article • February 15, 2023 • from CLN March, 2023
Was the DNA at the Crime Scene Left by the Perpetrator – or by a Pet? by Douglas Ankney by Douglas Ankney Collaborating with the Victoria Police Forensic Services Department, forensic science researcher and Ph.D. candidate Heidi Monkman, along with Dr. Mariya Goray – both from the College of Science …
Article • February 15, 2023 • from CLN March, 2023
New York Police Department Joins Crowdsourced Surveillance Ring Neighbors App by Michael Thompson by Michael Dean Thompson The New York Police Department (“NYPD”) has announced its decision to join Ring Neighbors, a neighborhood watch system leveraging doorbell video sharing and collaboration. The announcement heralds a dramatic expansion into the digital …
Article • February 15, 2023 • from CLN March, 2023
Filed under: Gun Laws/Crimes
Registry of Approved Standards Adds Two New 3D Firearm Analysis Standards by Casey Bastian by Casey J. Bastian In an effort to improve forensic firearm and toolmark analysis, the Organization of Scientific Area Committees for Forensic Science (“OSAC”) has updated its Registry of Approved Standards. OSAC is administered by the …
Article • February 15, 2023 • from CLN March, 2023
FBI Heist Made Public by Jayson Hawkins by Jayson Hawkins In another recent episode of “Law Enforcement Gone Wild,” unredacted documents reveal the FBI intentionally lied to a federal judge to obtain a search warrant authorizing agents to inventory hundreds of safe deposit boxes administered by a private security firm. …
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