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Is Solitary Confinement a Punishment?, Northwestern University Law Review, 2020 ROUGH DRAFT IS SOLITARY CONFINEMENT A PUNISHMENT? John F. Stinneford Nulla poena sine lege—no punishment without law—is one of the oldest and most universally accepted principles of English and American law. 1 Today, thousands of American prisoners are placed in …
Article • April 15, 2020 • from CLN May, 2020
Filed under: Brady Violations
Sixth Circuit: Cardiologist’s Right to Due Process Violated Where District Court Ordered Government to Not Disclose Third Party’s Expert Evaluation of Medical Care Provided by Him by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit ruled that cardiologist Richard E. Paulus’ Fifth Amendment right …
Article • April 15, 2020 • from CLN May, 2020
In the Criminal Justice System, Big Brother Gets Bigger Every Day by Douglas Ankney by Douglas Ankney According to a report by sciencefriday.com, one in every two American adults is in a law enforcement facial recognition network. Most adults have unwittingly consented to the release of their photos that they …
Article • January 21, 2020 • from CLN February, 2020
Washington Supreme Court Affirms Warrantless Search of CSLI Data but Holds Convictions for Both First-degree Rape and Felony Murder Predicated on Rape Violate Double Jeopardy by Douglas Ankney by Douglas Ankney The Supreme Court of Washington affirmed the warrantless search of Bisir Bilal Muhammad’s real-time cell-site location information (“CSLI”) based …
Article • January 19, 2020 • from CLN February, 2020
California Supreme Court Holds Confidential Personnel Information of Officers on Internal ‘Brady List’ Can Be Disclosed to Prosecutors by Dale Chappell by Dale Chappell The Supreme Court of California held on August 26, 2019, that a so-called “Brady List” maintained by a law enforcement agency about officers who would have …
Article • October 16, 2019 • from CLN November, 2019
Fourth Circuit Grants Habeas Relief to Pre-Trial State Prisoner on Double Jeopardy Grounds by Dale Chappell by Dale Chappell Finding that a South Carolina state court violated a state pre-trial defendant’s right against double jeopardy by granting a mistrial when the State wasn’t prepared for trial, the U.S. Court of …
Article • September 16, 2019 • from CLN October, 2019
Third Circuit Rules Lower Courts Abused Discretion When They Failed to Conduct Evidentiary Hearing on Brady Claim and on Conflict of Interest Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that the Superior Court abused its discretion when it failed to …
Article • June 17, 2019 • from CLN July, 2019
Kansas Supreme Court: Correcting Illegal Sentence After Fully Served Violates Prohibition Against Double Jeopardy by Matthew Clarke by Matt Clarke In a case of first impression, the Supreme Court of Kansas held it was double jeopardy to correct the sentence of a man who was convicted of aggravated sexual battery—to …
Article • April 12, 2019 • from CLN May, 2019
D.C. Circuit Holds Attempted Drug Offenses Do Not Count Toward Career Criminal Designation by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the D.C. Circuit held that prior convictions for attempted distribution of, and attempted possession with intent to distribute drugs, could not be used to render …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Brady Violations
Why Brady Lists Still Don’t Work by Douglas Ankney by Douglas Ankney Lists of discredited police officers whom prosecutors refuse to call as witnesses are known as Brady lists. These lists could play an important role in ensuring the criminal justice system is fair by tracking and exposing police officers …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Brady Violations
Seventh Circuit: Failure to Disclose that Star Witness Was Hypnotized is 'Brady' Violation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit ruled that the State concealed materially exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963), when it failed to …
Article • March 16, 2019 • from CLN April, 2019
Shooting of Seven-Year-Old Girl in Houston Highlights Problems With Eyewitness Identification by Matthew Clarke by Matt Clarke The fatal shooting of a 7-year-old black girl who was riding in a car on a Houston highway, along with her mother and three sisters, is a tragedy that starkly illustrates the problems …
Article • March 16, 2019 • from CLN April, 2019
California Police Privacy Laws Have Been Violating Brady for Years by Mark Wilson by Mark Wilson An arresting officer’s fabrication or planting of evidence or other misconduct lies at the very heart of the definition of exculpatory evidence that must be disclosed to criminal defendants under the Sixth Amendment since the …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Criminal Procedure
SCOTUS: Florida’s Robbery Statute Satisfies Physical Force Requirement of Armed Career Criminal Act by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that the amount of force necessary to sustain a conviction for robbery in Florida satisfies the elements clause of 18 U.S.C. § …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Double jeopardy
Montana Supreme Court: Retrial Following Mistrial Declared Without ‘Manifest Necessity’ Violates Prohibition on Double Jeopardy by Mark Wilson by Mark Wilson The Supreme Court of Montana held that a municipal court violated state and federal double jeopardy prohibitions when it declared a mistrial and ordered a new trial. James Joseph …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Double jeopardy
Maine Supreme Court Rules Double Jeopardy Bars Re-Use of Evidence at Second Trial After Acquittal Based on Same Evidence at First Trial on Different Charges by Dale Chappell by Dale Chappell The Supreme Judicial Court of Maine held that double jeopardy barred the use of the same evidence used in …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Appeals, Criminal Procedure
N.Y. Court of Appeals Announces When Trial Commences for Timeliness of Pro Se Requests by Edward Lyon by Ed Lyon As most jurisdictions do from time to time as need dictates, they change or even completely overhaul appellate procedures, evidentiary rules, and various codes. In 1971, New York state adopted …
Article • December 28, 2018 • from CLN January, 2019
Article Calls for Courts to Implement ‘Brady Violation Disclosure Letter’ System by Steve Horn by Steve Horn A draft copy of an academic article set to be published in 2019 in the Vanderbilt Law Review calls for a novel approach to chipping away at the nagging issue of Brady violations …
Article • December 21, 2018 • from CLN January, 2019
Seventh Circuit: Procedural Error Occurs When Miscount of Prior Convictions Basis for Sentence, Resentencing Required by David Reutter by David Reutter The U.S. Court of Appeals for the Seventh Circuit held that an Indiana federal district court committed a procedural error in selecting a sentence based on a miscounting of …
Article • December 5, 2018 • from CLN December, 2018
Michigan Supreme Court Announces New Rule for Appointing Expert Witness for Indigent Defendants, No Longer Left to Trial Judge’s Discretion by Dale Chappell by Dale Chappell The Supreme Court of Michigan held that a trial judge’s discretion plays no part in appointing an expert witness for a defendant; instead, a …
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