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Article • September 15, 2022 • from CLN October, 2022
California Court of Appeal Announces Term ‘Actual Killer’ in Revised Felony-Murder Statute Refers to Person Who ‘Personally Killed’ Victim, Not Necessarily Same as Person Who ‘Caused’ Death, for Resentencing Purposes Under § 1170.95 by Matthew Clarke by Matt Clarke The Court of Appeal of California, Fourth Appellate District, held that …
Article • September 15, 2022 • from CLN October, 2022
Texas Court of Criminal Appeals: Warrant to Search Cellphone Must Establish Nexus Between Device and Offense Beyond ‘Boilerplate’ Language About Cellphones Being Ubiquitous and Used in Crimes by Anthony Accurso by Anthony W. Accurso The Court of Criminal Appeals of Texas held that a warrant affidavit failed to link a …
Article • September 15, 2022 • from CLN October, 2022
California Court of Appeal Vacates Conviction Because Generic Immigration Consequences Warning Insufficient for Defendant to Understand Mandatory Immigration Consequences as a Result of Guilty Plea by David Reutter by David M. Reutter The Court of Appeal of California, Third Appellate District, reversed a defendant’s 2010 conviction for possession for sale …
Article • September 15, 2022 • from CLN October, 2022
California Court of Appeal: Defendant’s ‘Novel Interpretation’ of Pen. Code § 1203.01 Entitles Him to Have Trial Court Consider Motion to Correct Post-Judgment Record 40 Years After Conviction Final by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, ruled that Glenn Douglas Crites was …
SCOTUS Announces Government Must Prove Physicians in § 841 Prosecutions ‘Knowingly and Intentionally’ Exceeded Their Authorization to Prescribe Controlled Substances, Such as Opioids by Harold Hempstead by Harold Hempstead The Supreme Court of the United States (“SCOTUS”) held that 28 U.S.C. § 841’s “knowingly or intentionally” mens rea requirement applies …
Article • September 15, 2022 • from CLN October, 2022
Filed under: First Step Act
Third Circuit Announces First Step Act Applies Retroactively to Defendant Whose Pre-Act Sentence Vacated After Act’s Enactment by Harold Hempstead by Harold Hempstead The U.S. Court of Appeals for the Third Circuit joined the Fourth, Seventh, and Ninth Circuits regarding the retroactivity of the First Step Act of 2018 (“FSA”) …
Article • September 15, 2022 • from CLN October, 2022
Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar by Dale Chappell by Dale Chappell In a decision that further narrows the federal habeas corpus remedy, a divided panel of the U.S. Court of Appeals for the Fifth Circuit held that …
Article • September 12, 2022
Filed under: Police Misconduct
A Drunk Off-Duty Long Island Cop Seriously Injured a Two-Year-Old. It Took Newsday Reporting to Expose his Department’s Latest Cover-Up by Jo Ellen Nott by Jo Ellen Nott The cover-up of a drunk off-duty Suffolk County PD officer rear-ending a dad and his two small sons is the latest in …
Framed by Dirty Chicago Detective Reynaldo Guevara, Marilyn Mulero Is Exonerated After 28 Years in Prison by Jo Ellen Nott by Jo Ellen Nott On August 9, 2022, a Cook County judge in Chicago, Illinois granted motions filed by State’s Attorney Kim Foxx to dismiss all charges against Marilyn Mulero, …
Article • September 12, 2022
Filed under: Police Misconduct
Georgia Deputy Police Chief Attending Lie Detector Workshop in Orlando Scammed Out of $200 by Prostitute Then Arrested for Soliciting an Undercover Cop During Sting by Jo Ellen Nott by Jo Ellen Nott The Polk County’s Sheriff Office in Central Florida arrested a Georgia deputy police chief on September 1, …
Article • September 1, 2022 • from CLN September, 2022
Speed Trap Gold Mine by Jayson Hawkins by Jayson Hawkins All the attention garnered by cops murdering unarmed Black men in America in recent years has led to widespread calls for “police reform,” a rather ambiguous term advocating changes in how police interact with communities of color and new policies …
ICE Used Fake University to Entrap Foreign Students to the Tune of $6 Million, Ruining Their Lives by Jo Ellen Nott by Jo Ellen Nott On August 9, 2022, 40 groups representing immigration advocates and civil rights activists sent a letter to the Department of Homeland Security, calling foul and …
Article • August 20, 2022
Filed under: Sexual Assault, Police
Woman Raped on the Street in French Quarter, Police Unresponsive as Bystander Pleads for Them To Help Victim by Jo Ellen Nott by Jo Ellen Nott On the night of July 26, 2022, an unconscious Black female was raped on the corner of Toulouse and Royal in New Orleans’ French …
Article • August 20, 2022
Filed under: Staff-Prisoner Assault
Corrupt Kansas City Detective Sexually Assaulted Women with Impunity for Years by Jo Ellen Nott by Jo Ellen Nott Kansas City, Kansas, (“KCK”) retired detective Roger Golubski used his position of authority and power to sexually abuse at least 70 women of color and with limited resources during his long …
Article • August 15, 2022 • from CLN September, 2022
$670,000 Awarded to Use Virtual Reality to Evaluate Eyewitness Accuracy by Jacob Barrett by Jacob Barrett The National Science Foundation (“NSF”) awarded University of Arkansas Professor James Lampinen, and a  team of researchers, just under$670,000 to study the relationship between eyewitness confidence and accuracy across a range of variables using …
Article • August 15, 2022 • from CLN September, 2022
Inextricably Intertwined: The Practice of Negotiated Pleas and the Rise of Mass Incarceration in America by Casey Bastian by Casey J. Bastian America is the world’s leader in rates of incarceration. This country consists of only 5% of the world’s total population, yet it houses about 25% of the world’s …
Article • August 15, 2022 • from CLN September, 2022
Missouri Supreme Court: Defendant Entitled to ‘Castle Doctrine’ Jury Instruction Even Though Assailant Not Unlawfully in Vehicle at Very Moment of Use of Deadly Force by Harold Hempstead by Harold Hempstead The Supreme Court of Missouri en bancheld that “substantial evidence existed to support a castle doctrine instruction” and that …
Article • August 15, 2022 • from CLN September, 2022
Filed under: Wrongful Conviction
San Francisco DA’s Inaugural Innocence Commission Frees Its First Victim of Wrongful Conviction by Keith Sanders by Keith Sanders In April 2022, Joaquin Ciria was exonerated after being wrongfully convicted of killing Felix Bastarrica in 1991. The 61-year-old Ciria, who maintained his innocence from the beginning, became the first person …
Article • August 15, 2022 • from CLN September, 2022
Filed under: First Step Act
Sixth Circuit Reverses Denial of First Step Act Relief Because Sentence Imposed Is Substantively Unreasonable by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit reversed the U.S. District Court for the Eastern District of Tennessee’s denial of Michael B. Johnson, II’s motion seeking a …
Article • August 15, 2022 • from CLN September, 2022
Use of Death Penalty Continues to Decline in the U.S. by Douglas Ankney by Douglas Ankney In 2021, 11 people in the U.S. were killed as punishment for their crimes. This was the fewest number of Americans in recent history to be subjected to state-sanctioned killing. And it was the …
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