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Article • August 15, 2022 • from CLN September, 2022
Sixth Circuit: Government Cannot Withdraw Consent to Lesser Included Charge After Defendant Pleaded Guilty but Court Reject Plea Agreement by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit ruled that a plea agreement, as written, does not provide the basis for the Government …
Minnesota Supreme Court Announces Expanding Scope of Traffic Stop to Investigate Occupant’s Pretrial Release Conditions Violates Minnesota Constitution by Douglas Ankney by Douglas Ankney In a case of first impressions, the Supreme Court of Minnesota held that violation of a condition of pretrial release doesn’t constitute criminal activity, so police …
Article • August 15, 2022 • from CLN September, 2022
California Court of Appeal: New Law Requiring Bifurcated Trial on Gang Enhancements Applies Retroactively by David Reutter by David M. Reutter The Court of Appeal of California, Sixth Appellate District, held that Assembly Bill No. 333, which changed the law on gang-related offenses, applies retroactively. The Court’s opinion reversed the …
Article • August 15, 2022 • from CLN September, 2022
SCOTUS Announces Judge’s Error of Law Constitutes ‘Mistake’ for Purposes of Reopening a Case Under Federal Rule of Civil Procedure 60(b)(1) by Dale Chappell by Dale Chappell In a ruling that will likely change how petitioners in federal habeas corpus cases challenge “mistakes” in their cases, the Supreme Court of …
Article • August 15, 2022 • from CLN September, 2022
New Jersey Supreme Court Announces ‘Non-Transparent’ for Purposes of Tinted Window Violation Justifying Traffic Stop Means Front Windows Dark Enough That Police Can’t Clearly See People or Items Inside Vehicle by Anthony Accurso by Anthony W. Accurso The Supreme Court of New Jersey ruled that police lacked reasonable suspicion of …
Article • August 15, 2022 • from CLN September, 2022
Connecticut Supreme Court Announces Trial Courts, Prospectively, Must Canvass Defendants Who Seek to Waive Right to Testify to Ensure Waiver Is Made Knowingly, Intelligently, and Voluntarily by Anthony Accurso by Anthony W. Accurso In an opinion issued on May 10, 2022, the Supreme Court of Connecticut ruled that defense counsel’s …
California Court of Appeal: Exclusion of Expert Witness at SVP Trial as Remedy for Discovery Violation Constitutes Denial of Constitutional Due Process by David Reutter by David M. Reutter The Court of Appeal of California, Fourth Appellate District, concluded that a trial court erred by excluding the defense’s only expert …
Article • August 15, 2022 • from CLN September, 2022
California Court of Appeal: Assembly Bill 124 Applies Retroactively and Includes Psychological Trauma Based Upon Mental Illness as Mitigating Factor Under § 1170(b)(6) by Harold Hempstead by Harold Hempstead On April 8, 2022, the Court of Appeal of California, Fifth Appellate District, held that Assembly Bill No. 124 (2021-2022. Reg. …
Article • August 15, 2022 • from CLN September, 2022
New Jersey Supreme Court: Defendant Did Not Voluntarily Waive Privilege Against Self-Incrimination Because Police Persistently Contradicted and Undermined Significance of Miranda During Interrogation by Richard Resch by Richard Resch The Supreme Court of New Jersey held that because detectives repeatedly contradicted and undermined the importance of the defendant’s Miranda rights …
Article • August 15, 2022 • from CLN September, 2022
Outdated Wiretap Law Gives Feds Easy Access to Metadata by Anthony Accurso by Anthony W. Accurso A just-unsealed government wiretap application from November 2021 shows that DEA agents in Ohio applied to force WhatsApp to provide metadata on seven users, and all the agency had to say was that “the …
FBI Forces Suspect to Unlock Messaging App Using FaceID by Anthony Accurso by Anthony W. Accurso In the first known public instance of such a warrant, a US District Court approved a warrant allowing the FBI to use a suspect’s face to unlock his secure messaging app in order to …
Sixth Circuit Announces Full, Unconditional Pardon, Regardless of Issue of Innocence, Meets Heck Requirement of Invalidated Conviction; § 1983 Claims May Be Pursued by Harold Hempstead by Harold Hempstead The U.S. Court of Appeals for the Sixth Circuit held that Heck v. Humphrey, 512 U.S. 477 (1994), does not bar …
Article • August 15, 2022 • from CLN September, 2022
Filed under: News in Brief
News in Brief by Canada: Techdirt reported that the Royal Canadian Mounted Police (“RCMP”), a division of that country’s federal law enforcement akin to the FBI, used malware to spy on people’s personal communications. The report came after the RCMP admitted to doing so in the summer of 2022. The …
Colorado Supreme Court Announces Courts Not Required to Address All 11 Brown Factors in Ruling on Defendant’s Motion for Continuance to Change Counsel by Harold Hempstead by Harold Hempstead In addressing an issue of first impression, the Supreme Court of Colorado en banc clarified its decision in People v. Brown, …
Article • August 15, 2022 • from CLN September, 2022
Federal Habeas Corpus: Taking an Appeal After the Denial of Habeas Relief by Dale Chappell by Dale Chappell Federal law says that you have the “right” to appeal the denial of federal habeas corpus relief, but there’s a catch—only if the court says that you can. Congress limited the ability …
Article • August 15, 2022 • from CLN September, 2022
First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Offense Insufficient by Richard Resch by Richard Resch The U.S. Court of Appeals for the First Circuit held that the U.S. District Court …
Article • August 15, 2022 • from CLN September, 2022
How Many Federal Crimes Are There? by Casey Bastian Nobody Knows for Sure by Casey J. Bastian If you were asked to identify the exact number of acts that are considered a federal “crime” in the U.S., could you do it? The answer is almost certainly no. No one, not …
Article • August 15, 2022 • from CLN September, 2022
Filed under: Medical Records, COVID-19
Vaccine Passports Raise Privacy Issues and Create a Class of Undesirables by David Reutter by David M. Reutter The COVID-19 pandemic greatly impacted the liberty of citizens worldwide when it was at its zenith in 2020. It continues to have ramifications, and its next assault may be upon your right …
First Circuit: Procedurally Unreasonable for District Court to Base Upward Variance on Defendant’s Prior Arrests by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit vacated, on the basis of procedural reasonableness, the U.S. District Court for the District of Puerto Rico’s sentence imposed upon …
Article • August 15, 2022 • from CLN September, 2022
SCOTUS Holds Attempted Hobbs Act Robbery Not a ‘Crime of Violence’ Under a § 924(c)(3)(A) by Dale Chappell by Dale Chappell In resolving a split among U.S. Courts of Appeals, the Supreme Court of the United States (“SCOTUS”) held on June 21, 2022, that an attempted Hobbs Act robbery is …
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