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Article • December 18, 2022
Filed under: Police Misconduct
Former Memphis Cop Sentenced to 12 Years for Scheme to Torture and Rob Drug Dealers by Kaden Gicker by Kaden Gicker One night, Eric Cain was pulled over as he was driving his car, The Commercial Appeal reported. The Tennessee drug dealer had seen a blue flashing light behind him …
Article • December 15, 2022 • from CLN January, 2023
Filed under: False Confessions
False Confession Generator: How Accusatorial Interrogations Undermine the Pursuit of Justice by Anthony Accurso by Anthony W. Accurso There are many aspects of the criminal justice system in the U.S. that are in desperate need of reform, but one aspect — how we obtain information from potential suspects — is …
Article • December 15, 2022 • from CLN January, 2023
Arizona Supreme Court Announces Jury Unanimity Required Regarding Narcotic Type Under Possession Statute by Anthony Accurso by Anthony W. Accurso The Supreme Court of Arizona held that “the identity of an alleged narcotic drug is an element of ARS § 13-3408, and therefore jury unanimity is required.” Jorge Romero-Millan, Ernesto Hernandez …
Article • December 15, 2022 • from CLN January, 2023
Filed under: Wrongful Conviction
Against the Flow: How the National Registry of Exonerations Is Working to Turn the Tide of Wrongful Convictions Across U.S. by Benjamin Tschirhart by Benjamin Tschirhart “It is better that ten guilty persons escape than that one innocent suffer.” Known as Blackstone’s ratio, this maxim has been an accepted rule …
Article • December 15, 2022 • from CLN January, 2023
Ninth Circuit Announces District Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law When Deciding Motion for Compassionate Release by Douglas Ankney by Douglas Ankney On an issue upon which the circuits are split, the U.S. Court of Appeals for the Ninth Circuit held that district courts may …
Across the Nation, Cops Use ‘Fog Reveal’ to Track More Than 250 Million Mobile Devices by Douglas Ankney by Douglas Ankney According to a September 2022 report from AP News, law enforcement agencies from suburban Southern California to rural North Carolina are using an obscure cellphone tracking tool known as …
Article • December 15, 2022 • from CLN January, 2023
First Circuit Reverses Denial of Habeas Relief Where District Court Found Batson Error but Observed AEDPA, Deferred to State Court’s Finding that No Batson Error Occurred by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit reversed the U.S. District Court for the District of …
Article • December 15, 2022 • from CLN January, 2023
Federal Habeas Corpus: How to Raise an Actual Innocence Claim by Dale Chappell by Dale Chappell Believe it or not, someone proving they’re “actually innocent” of their criminal offense is not enough to win federal habeas corpus relief. That’s because actual innocence, by itself, is not a constitutional violation to …
Article • December 15, 2022 • from CLN January, 2023
Second Circuit Announces District Courts Must Provide Habeas Petitioners with Notice and Opportunity To Be Heard Before Dismissing Petition Sua Sponte Based on Stone’s Limitation on Fourth Amendment Claims by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that district courts must provide …
Article • December 15, 2022 • from CLN January, 2023
Massachusetts Supreme Judicial Court: Criminal Record Alone Does Not Justify Patfrisk, Gun Discovered in Waistband Suppressed by Jacob Barrett by Jacob Barrett The Supreme Judicial Court of Massachusetts upheld a Superior Court’s order granting a motion to suppress a firearm that was discovered during an unlawful patfrisk because the motorist’s …
Article • December 15, 2022 • from CLN January, 2023
New York Court of Appeals Reverses Murder Conviction Where Trial Court’s Evidentiary Rulings Deprived Defendant of ‘Opportunity to Present Complete Defense’ by Douglas Ankney by Douglas Ankney The Court of Appeals of New York reversed Deshawn Deverow’s murder conviction after concluding the trial court’s evidentiary rulings deprived him of “a …
Article • December 15, 2022 • from CLN January, 2023
Miami Police Officer Who Broke ‘Blue Code of Silence’ Being Investigated by Casey Bastian by Casey J. Bastian Miami Police Department (“MPD”) Chief of Police Manny Morales believes in officer accountability. His statement makes that clear: “If in fact it is determined that it is our officer, he will be …
Article • December 15, 2022 • from CLN January, 2023
Eighth Circuit: District Court Erred in Denying Government’s Motion to Dismiss Charges as Part of Plea Agreement by David Reutter by David M. Reutter The U.S. Court of Appeals for the Eighth Circuit held that the U.S. District Court for the District of South Dakota abused its discretion in rejecting …
Article • December 15, 2022 • from CLN January, 2023
Filed under: Databases, junk science
NIST’s Upgrade to Software Reference Library Makes Data More Accessible to Law Enforcement by Douglas Ankney by Douglas Ankney The National Institute of Standards and Technology (“NIST”) upgraded its National Software Reference Library (“NSRL”) to make its data easier for law enforcement agencies to access in searches during criminal investigations. …
Article • December 15, 2022 • from CLN January, 2023
Filed under: Police Misconduct
For $10 Billion, New Yorkers Get a Police Package Deal That Includes Corrupt Career Officers and Almost 1,000 Criminal Cases Tossed by Douglas Ankney by Douglas Ankney In August of 2022, a Bronx district attorney dismissed 133 cases linked to disgraced former NYPD Narcotics Detective Joseph Franco. Franco, a 20-year-veteran …
Article • December 15, 2022 • from CLN January, 2023
Variability in Records Requests Obscures Police Use of Surveillance by Anthony Accurso by Anthony W. Accurso An effort by the Electronic Frontier Foundation (“EFF”) to track police use of surveillance technologies is butting up against the decentralized nature of our law enforcement networks in that open-records requests to different agencies …
Article • December 15, 2022 • from CLN January, 2023
Indiana Supreme Court Announces Trial Rule 26(B)(3) Governs Whether Police Reports Are Protected Work Product, Expressly Overruling Keaton by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that trial courts are to follow the two-pronged definition of Trial Rule (“TR”) 26(B)(3) to determine whether a police report …
Article • December 15, 2022 • from CLN January, 2023
U.S. Senator to Federal Agency: Investigate Abusive Use of Administrative Subpoena Power to Gather Bulk Financial Records by Casey Bastian by Casey J. Bastian The U.S. Department of Homeland Security (“DHS”) operates U.S. Immigration and Customs Enforcement (“ICE”). In turn, ICE oversees the subagency Homeland Security Investigations (“HSI”). Since 2019, …
Article • December 15, 2022 • from CLN January, 2023
Filed under: News in Brief
News in Brief by Arizona: A police officer in Scottsdale was arrested on Nov. 4, 2022, after allegedly causing a car crash while intoxicated. AZFamily reported that officer Michael Lanouar, a police detective, was taken into custody on suspicion that he had been driving a city-leased car while under the …
Article • December 15, 2022 • from CLN January, 2023
Due Processless Civil Asset Forfeitures in Houston, Texas by Edward Lyon by Ed Lyon Houston, Harris County, Texas, is the fourth largest city in the nation, as well as the largest city in Texas. Preceding the Blue Wave of female reformist judges elected in 2018 [See: CLN, April 2019, p.38], …
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