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Article • February 15, 2023 • from CLN March, 2023
New San Francisco Ordinance Allows Police to Access Private Security Cameras by Kevin Bliss by Kevin W. Bliss The San Francisco Board of Supervisors voted 7 to 4 on September 26, 2022, to adopt a proposed ordinance presented by Mayor London Breed to allow unfettered, instant access to private and …
Article • February 15, 2023 • from CLN March, 2023
Filed under: Residency Restrictions
Cruel and Unusual: Residency Restrictions Force Registrant to Die Among Strangers by Eike Blohm, MD by Eike Blohm, MD A Texas woman was prevented from caring for her bedridden dying father in her home because she lived 894 feet from a playground. Similar to many states, the Lone Star State …
Article • February 15, 2023 • from CLN March, 2023
Filed under: News in Brief
News in Brief by Alabama: The DOJ Civil Rights Division announced on Oct. 21, 2022, that a former sheriff’s deputy in Dallas County was charged with kidnapping and sexually assaulting a woman in the middle of the day on Jan. 30, 2020. The Miami Herald reported that the then-active deputy, …
Article • February 15, 2023 • from CLN March, 2023
Seventh Circuit: Defendant Entitled to Present Entrapment Defense Where ‘Some Evidence’ Exists of Government Inducement and Lack of Predisposition to Commit Crime by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit held that Robert Shawn Anderson was entitled to present his entrapment defense to …
Article • February 15, 2023 • from CLN March, 2023
California Court of Appeal: Trial Court’s Denial of Faretta Request Without Finding of ‘Severe Mental Illness’ Denied Defendant Sixth Amendment Right to Self-Representation by Matthew Clarke by Matt Clarke The Court of Appeal of California, Fourth Appellate District, reversed a conviction for assault on a peace officer by means of …
Article • February 15, 2023 • from CLN March, 2023
Minneapolis Police Department Surveillance Operation Kneels on the Neck of the First Amendment by Casey Bastian by Casey J. Bastian The actions and eventual trial of Derek Chauvin were at the center of multiple protests. The people had had enough of police brutality and a lack of accountability in Minneapolis; …
Article • February 15, 2023 • from CLN March, 2023
Ninth Circuit: No Qualified Immunity for Detective Who Arrested Anti-Police-Slogan Sidewalk Chalkers, but Not Other Chalkers Whose Content Wasn’t Anti-Police, Even Though There Was Probable Cause to Arrest by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Ninth Circuit held that a Las Vegas, Nevada, police …
Article • February 15, 2023 • from CLN March, 2023
Massachusetts Supreme Court: Commonwealth Failed to Show GPS Monitoring as Condition of Probation Is Constitutional by Anthony Accurso by Anthony W Accurso The Supreme Judicial Court of Massachusetts overturned a Superior Court’s denial of a defendant’s motion challenging a condition of his probation which required GPS monitoring, ruling the Commonwealth …
Article • February 15, 2023 • from CLN March, 2023
Sixth Circuit Announces Nonretroactive Change in Sentencing Law Is Not an ‘Extraordinary and Compelling Reason’ Warranting a Sentence Reduction under Compassionate Release Statute by Douglas Ankney by Douglas Ankney A divided en banc U.S. Court of Appeals for the Sixth Circuit, in a 9 to 7 split, held that a …
Article • February 15, 2023 • from CLN March, 2023
Oregon Supreme Court: Federal Law Prohibits Elected DA’s Delegation of Wiretap Authority and Overbroad Initial Search Warrant Requires Suppression of Evidence Obtained as Result of Over 20 Subsequent Warrants by Mark Wilson by Mark Wilson The Supreme Court of Oregon unanimously upheld a lower court’s suppression of the State’s wiretap …
Article • February 15, 2023 • from CLN March, 2023
Invasions of Privacy for People on Electronic Monitoring Is a Warning of Worse Things to Come by Benjamin Tschirhart by Benjamin Tschirhart In the wake of the COVID-19 pandemic, the paradigm has shifted for the millions of Americans on “community supervision” — a category which includes those on probation, parole, …
Article • February 15, 2023 • from CLN March, 2023
The District of Colombia: Inside the Most Expansive Surveillance Network in America by Casey Bastian by Casey J. Bastian Washington D.C. is not simply home to our nation’s capital or the seat of some of its most powerful institutions. What many people don’t realize is that the metropolitan area contains …
Article • February 15, 2023 • from CLN March, 2023
Florida Supreme Court Settles Circuit Split, Holding Dual DUI Convictions Regarding Single Victim in Single Incident Violates Double Jeopardy by David Reutter by David M. Reutter The Supreme Court of Florida held dual convictions for DUI causing damage to property or person – § 316.193(3)(c)(1), Florida Statutes – and DUI …
Article • February 15, 2023 • from CLN March, 2023
They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars. by Brett Murphy by Brett Murphy, ProPublica Tracy Harpster, a deputy police chief from suburban Dayton, Ohio, was hunting for praise. He had a business to promote: a miracle method to determine …
Article • February 15, 2023 • from CLN March, 2023
Your Car Knows a Lot About You, and the Police Are Listening by Michael Thompson by Michael Thompson For years now, cars have allowed us to synch our devices with their onboard computers, giving us hands-free and Wi-Fi access along with a wealth of infotainment options. A user could be …
Article • February 15, 2023 • from CLN March, 2023
Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC by Jacob Barrett by Jacob Berrett The U.S. Court of Appeals for the …
California Court of Appeal: Right to Withdraw Plea 23 Years After Entered Because Counsel Failed to Properly Advise of Immigration Consequences and Defendant Mistakenly Believed Permanent Resident Status Barred Adverse Immigration Consequences by David Reutter by David M. Reutter The Court of Appeal of California, Second Appellate District, ruled that …
Article • February 15, 2023 • from CLN March, 2023
New Jersey Supreme Court: Edwards Violation When Police Fail to Cease Interrogation After Suspect Makes Ambiguous Invocation of Right to Counsel and ‘Initiates’ Request for Further Communication with Police by Jacob Barrett by Jacob Barrett The Supreme Court of New Jersey ruled that under the Edwards rule the defendant did …
Article • January 29, 2023
Body Cam Footage and Cellphone Videos Will Make the Quick Dismissals of Bad Police More Common by Jo Ellen Nott by Jo Ellen Nott When five police officers were fired in Tennessee less than two weeks after brutally beating Tyré Nichols on January 7, 2023, and causing his death, the …
Article • January 26, 2023
U.S. Sentencing Commission Seeks to Rein in Acquitted-Conduct Sentencing by Jo Ellen Nott by Jo Ellen Nott The U.S. Sentencing Commission is a government panel that formulates federal sentencing policy. On January 13, 2023, the commission made public proposed amendments to current federal sentencing guidelines and asked for comments. One …
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