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Ohio Supreme Court: ‘Avoid Impregnating a Woman’ as Probation Condition for Failing to Pay Child Support Unreasonable

Article • February 15, 2021 • from CLN March, 2021

Filed under: Conditions of, Unreasonable Conditions

Ohio Supreme Court: ‘Avoid Impregnating a Woman’ as Probation Condition for Failing to Pay Child Support Unreasonable by Dale Chappell by Dale Chappell The Supreme Court of Ohio held that a condition requiring a man to “avoid impregnating a woman” while on probation for failing to pay child support was …

Walters v. Jones, OH, Complaint, Excessive Force, 2021

Brief • February 2, 2021

Filed under: Excessive Force, Excessive Force (Police)

Walters v. Jones, OH, Complaint, Excessive Force, 2021 Case: 1:21-cv-00073-JPH Doc #: 3 Filed: 02/02/21 Page: 1 of 3 PAGEID #: 20 I COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO .. Co-qrtney Walters, cfo Robert Newm 215 E. 9th St. Ste. 650 Cincinnati, OH 45202 I ! I 0130925085 Case …

News in Brief

Article • January 15, 2021 • from CLN February, 2021

Filed under: News in Brief

News in Brief by Arizona: The family of 40-year-old Ryan Whitaker, who was fatally shot in the back by a police officer investigating a noise complaint, settled in December 2020 with the city of Phoenix for $3 million by unanimous City Council vote. Whitaker was shot in the doorway of …

Sixth Circuit: Probation Officer’s Warrantless Search of Probationer’s Cellphone Violated Fourth Amendment

Article • December 15, 2020 • from CLN January, 2021

Filed under: Cell-Phone Location/Tracking Data, Probation, Parole & Supervised Release, Fourth Amendment

Sixth Circuit: Probation Officer’s Warrantless Search of Probationer’s Cellphone Violated Fourth Amendment by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that a probation officer’s warrantless search of a probationer’s cellphone was unreasonable where the probation officer did not have reasonable suspicion to …

News in Brief

Article • October 15, 2020 • from CLN November, 2020

Filed under: News in Brief

News in Brief by Alaska: Police here can fly over property but they “cannot use cameras and drones for aerial searches of property without a warrant,” the Alaska Court of Appeals ruled. “The ruling stems from a 2012 case in which Alaska State Troopers received a tip about marijuana being …

Interactions Between Diabetics and Law Enforcement Can Become Life-Threatening

Article • September 15, 2020 • from CLN October, 2020

Filed under: Police Misconduct, Diabetes

Interactions Between Diabetics and Law Enforcement Can Become Life-Threatening by Casey Bastian by Casey Bastian Once again, a video of an interaction between a police officer and a citizen has gone viral. Thankfully, the citizen survived this encounter. Alexis Wilkins, a 20-year-old diabetic, was returning from a George Floyd protest …

Sixth Circuit Reverses District Court’s Grant of Summary Judgment to Defendants in § 1983 Suit Against City and Police Officers

Article • September 15, 2020 • from CLN October, 2020

Filed under: Summary Judgment, Excessive Force (Police), Safety Threat to Police

Sixth Circuit Reverses District Court’s Grant of Summary Judgment to Defendants in § 1983 Suit Against City and Police Officers by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit reversed the judgment of the U.S. District Court for the Northern District of Ohio that …

Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence

Article • July 15, 2020 • from CLN August, 2020

Filed under: Firearms, Social Media

Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence by Matthew Clarke by Matt Clarke On March 27, 2020, the U.S. Court of Appeals for the Sixth Circuit vacated a firearms possession conviction from the U.S. District Court for the Northern District …

Sixth Circuit: Courts May Consider Good Prison Conduct in Sentence Reduction Under First Step Act

Article • June 15, 2020 • from CLN July, 2020

Filed under: Good Time, U.S. Sentencing Guidelines

Sixth Circuit: Courts May Consider Good Prison Conduct in Sentence Reduction Under First Step Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on April 14, 2020, that a sentencing court may consider a prisoner’s good conduct in fashioning a lower sentence …

Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence

Article • June 15, 2020 • from CLN July, 2020

Filed under: Publicity - Prejudicial, Possession or Use of Firearms, Social Media

Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence by Matthew Clarke by Matt Clarke In March 27, 2020, the U.S. Court of Appeals for the Sixth Circuit vacated a firearms possession conviction from the U.S. District Court for the Northern District …

ATF: What Is a Gun?

Article • May 15, 2020 • from CLN June, 2020

Filed under: Gun Laws/Crimes, Guns - Type of

ATF: What Is a Gun? by Jayson Hawkins by Jayson Hawkins Making a decision about what is or is not a “firearm” under the law would seem to be a fairly straightforward process, but recent controversy about the regulations used by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosive …

U.S. Supreme Court Justice Files Statement on Court’s Refusal to Hear Habeas Case, Despite Deep Circuit Split

Article • May 15, 2020 • from CLN June, 2020

Filed under: Habeas Corpus

U.S. Supreme Court Justice Files Statement on Court’s Refusal to Hear Habeas Case, Despite Deep Circuit Split by Dale Chappell by Dale Chappell While the U.S. Supreme Court refused to hear a case to settle a deep and widening split among the federal courts, the Court’s newest justice filed a …

Ohio Supreme Court Announces New Standard for ‘Actual Racial Bias’ for Jurors and Holds Counsel Was Ineffective for Failing to Strike Racially Biased Juror

Article • May 15, 2020 • from CLN June, 2020

Filed under: Ineffective Assistance of Counsel, Racial Bias Exception

Ohio Supreme Court Announces New Standard for ‘Actual Racial Bias’ for Jurors and Holds Counsel Was Ineffective for Failing to Strike Racially Biased Juror by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held that Glen E. Bates was deprived of his right to effective assistance of counsel …

News in Brief

Article • April 15, 2020 • from CLN May, 2020

Filed under: News in Brief

News in Brief by Arizona: A sheriff’s deputy who roughed up a 15-year-old quadruple amputee during an arrest at a state-operated group home in September 2019 will not face excessive use of force charges, the Pima County Attorney’s Office announced March 10, 2020. “The teen, in a group home after …

Ohio Supreme Court: Ineffective Assistance of Counsel Analysis Applies to Failure to Seek Waiver of Court Costs

Article • March 18, 2020 • from CLN April, 2020

Filed under: Costs

Ohio Supreme Court: Ineffective Assistance of Counsel Analysis Applies to Failure to Seek Waiver of Court Costs by David M. Reutter by David M. Reutter The Supreme Court of Ohio held that when trial counsel fails to request a waiver of costs on behalf of a defendant who has previously …

Sixth Circuit: Ohio’s Stringent Post-Conviction Filing Deadline Opens Window for Federal Review Under Trevino

Article • March 18, 2020 • from CLN April, 2020

Sixth Circuit: Ohio’s Stringent Post-Conviction Filing Deadline Opens Window for Federal Review Under Trevino by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Sixth Circuit held that Ohio’s strict application of its post-conviction challenge deadline deprived a defendant of meaningful review of his ineffective assistance of …

Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal

Article • February 19, 2020 • from CLN March, 2020

Filed under: Appeals, Fourth Amendment, rights

Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held that the State must raise in the trial court a claim that a defendant lacks standing to contest the admission of seized …

Conley v. Lorain Cty, OH, Settlement, Excessive Force, 2019

Brief • November 27, 2019

Filed under: Excessive Force

Conley v. Lorain Cty, OH, Settlement, Excessive Force, 2019 COMPREHENSIVE SETTLEMENT AGREEMENT AND RELEASE <;)FALL CLAIMS ~ , This Settlement Agreement and Release is made and entered into this J7-fhday of ~~~,,,ha;-2019, by and between Steven Conley (hereinafter "Plaintiff') and Lorain County, Ohio and Lorain County Board of Commissioners (hereinafter …

Conley v. Lorain County, OH, Settlement, Excessive Force, 2019

Brief • November 27, 2019

Filed under: Excessive Force

Conley v. Lorain County, OH, Settlement, Excessive Force, 2019 COMPREHENSIVE SETTLEMENT AGREEMENT AND RELEASE <;)FALL CLAIMS ~ , This Settlement Agreement and Release is made and entered into this J7-fhday of ~~~,,,ha;-2019, by and between Steven Conley (hereinafter "Plaintiff') and Lorain County, Ohio and Lorain County Board of Commissioners (hereinafter …

Debunked Shaken-Baby Syndrome Leads to Reduced Sentence

Article • August 21, 2019 • from CLN September, 2019

Filed under: Sentencing

Debunked Shaken-Baby Syndrome Leads to Reduced Sentence by Anthony Accurso by Anthony Accurso An Ohio man who spent 27 years on death row for the 1991 murder of his daughter Domika—based largely on now-debunked shaken baby syndrome—had his conviction overturned and has accepted a plea deal for a life sentence …