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Current Volume of Digital Evidence Challenge the Criminal Justice System to Do Better by Jo Ellen Nott by Jo Ellen Nott In an open access article first publishedonline on April 20, 2023, in The International Journal of Evidence & Proof, researchers from England and New Zealand discuss the challenges defense …
Article • August 1, 2023 • from CLN August, 2023
Police Departments Conspire with Boards to Secretly Install License Plate Cameras Without Consent of Residents by Benjamin Tschirhart by Benjamin Tschirhart Flock Safety” sounds innocuous, like a company that might provide security for chicken farmers. However, this company has nothing to do with fowl. But make no mistake; what they …
Holding Bad Cops Accountable Is the Way Forward in Police Reform by Douglas Ankney by Douglas Ankney The continuous refrain of “police reform” touting “better training” and laws banning actions such as chokeholds seems to echo endlessly. In 2021, the U.S. House of Representatives passed the George Floyd Justice in …
Article • August 1, 2023 • from CLN August, 2023
Filed under: Police Misconduct, Police
Police Unions Continue Overt and Covert Actions Designed to Weaken Oversight Boards by Douglas Ankney by Douglas Ankney The group “Voters for Oversight and Police Accountability” (VOPA) apparently amassed the 25,000 signatures needed in Austin, Texas, to have a referendum entitled “Austin Police Oversight Act” added to the ballot. But …
SCOTUS Announces First Amendment Requires Mens Rea of Recklessness for ‘True Threats’ Conviction by Richard Resch by Richard Resch The Supreme Court of the United States held that criminal liability for true threats, which are not protected by the First Amendment, requires proof that the defendant had a subjective understanding …
Article • August 1, 2023 • from CLN August, 2023
Hawaii Supreme Court: Defendant’s Due Process Rights Violated by Prosecutor by Asking Witness to Tell Grand Jury Defendant Exercised Right to Remain Silent The Supreme Court of Hawaii held that a prosecutor flagrantly violated a defendant’s Hawaii due process right to a fair and impartial grand jury hearing by adducing …
Article • August 1, 2023 • from CLN August, 2023
SCOTUS Announces § 924(c)(1)(D)(ii)’s Consecutive Sentence Mandate Not Applicable to § 924(j) Sentences by Richard Resch by Richard Resch In a unanimous decision, the Supreme Court of the United States held that § 924(c)(1)(D)(ii)’s prohibition on concurrent sentences does not extend to sentences imposed under a different subsection of the …
Article • August 1, 2023 • from CLN August, 2023
Filed under: AEDPA
Ninth Circuit Announces State Habeas Petition Remains ‘Pending’ for Purposes of AEDPA 1-Year SOL While State Relief Remains Open Regardless of Whether Petitioner Utilizes It by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit held that a postconviction relief (“PCR”) application in Arizona is …
Article • August 1, 2023 • from CLN August, 2023
Seventh Circuit: Postconviction Relief Petition Still Pending in Illinois Court 20 Years After Filing Entitles Petitioner to Seek Federal Habeas Relief Without First Exhausting State Remedies by Richard Resch by Richard Resch The U.S. Court of Appeals for the Seventh Circuit held that because petitioner’s Illinois postconviction relief petition had …
Article • August 1, 2023 • from CLN August, 2023
Eleventh Circuit Announces Definition of ‘Controlled Substance Offense’ in Guidelines § 4B1.2(b) Does Not Include Inchoate Offenses and Expressly Overrules Precedent Holding to the Contrary by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit, sitting en banc, held that the definition of “controlled substance …
Article • August 1, 2023 • from CLN August, 2023
Filed under: Multiple Counts, Grouping
Kansas Supreme Court Announces Legislature Intended to Tie One Unit of Prosecution to Multiple Items of Drug Paraphernalia Under K.S.A. 2016 Supp. § 21-5709(b)(1) and (b)(2) by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that the Legislature intended to tie a single unit of prosecution to …
Article • August 1, 2023 • from CLN August, 2023
Mississippi Supreme Court: Court of Appeals Improperly Permitted State to Supplement Record on Appeal in Reviewing Habitual Offender Determination by Douglas Ankney by Douglas Ankney The Supreme Court of Mississippi, sitting en banc, held that the Court of Appeals (“COA”) improperly permitted the State to add to the record on …
California Court of Appeal: Counsel and Sentencing Court’s Misadvisement of Plea’s Immigration Consequences Require Relief From Conviction by David Reutter by David M. Reutter The Court of Appeal of California, Second Appellate District, vacated a defendant’s conviction after finding the immigration consequences were not understood when he entered a plea …
Article • August 1, 2023 • from CLN August, 2023
Fifth Circuit Announces Statute Prohibiting Firearm Possession by Person Subject to Domestic Violence Restraining Order Is Unconstitutional in Light of Bruen by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the federal statute which prohibits the possession of firearms by a person …
Article • August 1, 2023 • from CLN August, 2023
Filed under: Wrongful Conviction
Record High Exonerations in 2022 by Jordan Arizmendi by Jordan Arizmendi The most exonerations in one year occurred in 2022. According to the Nation Registry of Exonerations’ 2022 Annual Report, the 233 people exonerated in 2022 lost an average of 9.6 years of their life as a result of their …
Did You Know Popular Video Doorbells Are Equipped with Facial Recognition? by Jordan Arizmendi Jordan Arizmendi The next time you arrive at a door that is equipped with a camera, as you glance into that lens, be cognizant that someone, somewhere could be analyzing your identity with facial recognition technology. …
Article • August 1, 2023 • from CLN August, 2023
Research on Persistence of Touch DNA Will Help Investigators Collect More Usable Samples by Jo Ellen Nott by Jo Ellen Nott The National Institute of Justice (“NIJ”) is the research, development, and evaluation agency of the U.S. Department of Justice. Its motto, “strengthen science, advance justice,” informs all its activities. …
Second Circuit: Second-Degree Kidnapping Under New York Penal Law § 135.20 Not Categorically a Crime of Violence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that kidnapping in the second degree under New York Penal Law (“NYPL”) § 135.20 is not categorically …
California Supreme Court Announces Warrantless Search Parole Condition Does Not Dissipate Taint of Unlawful Detention and Subsequent Search, Suppresses Evidence by Anthony Accurso by Anthony W Accurso In resolving a split among the state Courts of Appeal, the Supreme Court of California held that, unlike an outstanding arrest warrant, a …
Article • August 1, 2023 • from CLN August, 2023
Filed under: Venue, Adequacy of Remedy
SCOTUS Announces Proper Remedy for Venue and Vicinage Clause Violations Is Retrial in Proper Venue, Not Barring Retrial by Richard Resch by Richard Resch The Supreme Court of the United States unanimously held that a conviction that is reversed based on a judicial determination that the Venue Clause and the …
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