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Philadelphia DA Krasner Calls Cop’s Arrest for Sexual Exploitation of Children ‘An Extremely Disturbing Case’ by Kaden Gicker On Sep. 30, 2022, WCAU in Philadelphia reported that a former police officer was charged with the sexual exploitation of minors and the tampering of witnesses to it. Patrick Heron, 52, retired …
Article • October 27, 2022
Texas Teen Who Was Shot Repeatedly by Cop While Eating Hamburger Clings to Life by Kaden Gicker On the night of Oct. 2, 2022, a San Antonio, Texas, police officer approached a car in a McDonald’s parking lot. The New York Times and KENS in San Antonio reported that the …
Article • October 27, 2022
Ohio Supreme Court Permanently Removes Judge Who Engaged in Wide-Ranging Pattern of Misconduct by Kaden Gicker Fox News reported on Oct. 20, 2022, that the Ohio Supreme Court permanently suspended Judge Pinkey S. Carr in Cleveland, Ohio. Carr was removed from the bench after allegations and charges were leveled against …
Article • October 20, 2022
Equitable Criminal Sentencing Technology Makes History in Alachua County, Florida by Jo Ellen Nott by Jo Ellen Nott On September 27, 2022, Alachua County in north central Florida made history by funding equitable sentencing software for Florida’s Eighth Judicial Circuit.  This makes the Eighth the first Florida judicial circuit to …
Article • October 20, 2022
No Qualified Immunity for Colorado Cop Who Killed a Puppy in Empty Parking Lot by Jo Ellen Nott by Jo Ellen Nott On September 21, 2022, United States District Judge Raymond P. Moore denied qualified immunity to defendant Matthew Grashorn, a Loveland, Colorado, policer officer who shot a family pet …
Article • October 20, 2022
Kansas Cop Allowed to Keep His License After Being Fired for Hog Tying and Tasing an Autistic Foster Child by Jo Ellen Nott by Jo Ellen Nott On February 23, 2022, Jackson County Sheriff’s Deputy Matthew Honas “used excessive force multiple times” on a 12-year-old autistic boy who was running …
Article • October 15, 2022 • from CLN November, 2022
The Battle Against CSAM: The Front Line of the Government’s War on the Fourth Amendment by Anthony Accurso by Anthony W. Accurso Few topics elicit the level of disgust, outrage, and hyperbole as the subject of the sexual abuse of children does in America. No child should be subjected to …
Article • October 15, 2022 • from CLN November, 2022
Illinois Supreme Court Announces Krankel’s Pro Se Posttrial IAC Procedure Applies to Juvenile Delinquency Proceedings and Clarifies That Krankel Procedure Applies to Both Appointed and Retained Counsel by Mark Wilson by Mark Wilson The Supreme Court of Illinois held that the Court’s pro se posttrial ineffective assistance of counsel (“IAC”) …
Article • October 15, 2022 • from CLN November, 2022
Federal Habeas Corpus: Obtaining Habeas Relief After a Guilty Plea by Dale Chappell by Dale Chappell It’s long been said that a valid guilty plea goes a long way in barring post-conviction relief in the courts. While that can be true for challenges to the guilty plea itself, it’s often …
Article • October 15, 2022 • from CLN November, 2022
Washington Supreme Court Clarifies Burden of Production Standard for Entrapment to Be Entitled to Jury Instruction by Matthew Clarke by Matt Clarke The Supreme Court of Washington held that a trial court erred when it refused to permit an attempted child rape defendant to introduce evidence of his lack of …
Article • October 15, 2022 • from CLN November, 2022
Seventh Circuit: Indiana Statute on Dealing Methamphetamine Facially Overbroad and Does Not Qualify as Aggravated Felony for Immigration Purposes by Jacob Barrett by Jacob Barrett The U.S. Court of Appeals for the Seventh Circuit reversed a decision by the Board of Immigration Appeals (“BIA”) to remove Jonathan Aguirre-Zuniga for a …
Article • October 15, 2022 • from CLN November, 2022
Sixth Circuit: Conspiracy to Commit Hobbs Act Robbery and Attempted Hobbs Act Robbery Are Not Qualifying Predicates to Sustain § 924(j) Conviction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals reversed the U.S. District Court for the Middle District of Tennessee’s denial of Dominique Cordell Wallace’s 28 …
Article • October 15, 2022 • from CLN November, 2022
Tenth Circuit Rules Trooper’s Hunches Insufficient to Prolong Traffic Stop, Explains ‘Rodriguez Moment,’ and Suppresses Evidence Obtained as Result of Unlawful Seizure by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit held that the various hunches of drug-related activity articulated by a Utah …
Article • October 15, 2022 • from CLN November, 2022
California Court of Appeal: Statute Allowing Noncitizens to Vacate Convictions Due to Failure to Understand Adverse Immigration Consequences Applies Retroactively to Convictions Resulting From Trials That Are Not Yet Final by Harold Hempstead by Harold Hempstead The Court of Appeal of California, Third Appellate District, held that Assembly Bill No. …
Article • October 15, 2022 • from CLN November, 2022
Digital Privacy and Law After Dobbs by Anthony Accurso by Anthony W. Accurso This June, the Supreme Court decided Dobbs v. Jackson Women’s Health Organization, 142 S. Ct. 2228 (2022), a ruling that fundamentally changed the landscape of law relating to abortion access in America. This change will play out …
Article • October 15, 2022 • from CLN November, 2022
Third Circuit Announces Conspiracy to Commit ‘Crime of Violence’ Not ‘Crime of Violence’ for Purposes of Sentencing Enhancement Under Guideline § 2K2.1(a)(4) by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit held that U.S. Sentencing Guidelines (“U.S.S.G.”) § 2K2.1 does not apply to conspiracy …
Article • October 15, 2022 • from CLN November, 2022
Seventh Circuit: Fugitive’s Cell Phone Tracked to Apartment Building Does Not Establish Reasonable Suspicion of Criminal Activity for Warrantless Seizure and Search of All Occupants and Apartments in Building by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Seventh Circuit held that GPS location data …
Article • October 15, 2022 • from CLN November, 2022
Eleventh Circuit Reverses Denial of First Step Act Relief Where District Court Construed Letter Asking About Eligibility To Be Motion Requesting Relief by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit reversed an order of the U.S. District Court for the Middle District of …
Article • October 15, 2022 • from CLN November, 2022
Fourth Circuit: Convictions Identified in PSR but Not Relied Upon as Predicates for ACCA Enhancement at Sentencing Cannot Be Substituted for Subsequently Disqualified Original Predicate Convictions on Collateral Review by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that an enhanced sentence under …
Article • October 15, 2022 • from CLN November, 2022
Chicago’s Traffic Camera Program: Racial and Income Disparities for Black and Hispanic Drivers by Harold Hempstead by Harold Hempstead Chicago’s automated traffic enforcement camera program is one of the largest in America, with almost 300 locations around the city being monitored by cameras. The red-light camera program was introduced in …
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