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Georgia Supreme Court Announces Statute Mandating Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Even After Completion of Sentence Is Facially Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia held the state statute authorizing the lifetime global positioning system (“GPS”) monitoring of persons determined to be a …
Gaines v. Jones, FL, Order, Prisoner Starved to Death, 2019 Case 3:18-cv-01332-BJD-PDB Document 49 Filed 03/28/19 Page 1 of 54 PageID 282 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION LORINE GAINES, Plaintiff, vs. Case No. 3:18-cv-1332-J-39PDB JULIE JONES,1 et al., Defendants. ORDER I. Plaintiff representative Lorine for …
Third Circuit: Pennsylvania’s SORNA Requirements Sufficiently Restrictive to Constitute Custody for Habeas Jurisdiction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit held that the registration and reporting requirements of Pennsylvania’s Sex Offender Registration and Notification Act (“SORNA”) are sufficiently restrictive to constitute custody …
Article • March 16, 2019 • from CLN April, 2019
Kentucky Supreme Court Holds State Statute Defining Intellectual Disability as IQ of 70 or Lower Unconstitutional, Death Row Prisoner Entitled to Hearing by Matthew Clarke by Matt Clarke  The Supreme Court of Kentucky held that a court erred when it denied a death-sentenced prisoner’s post-conviction motion alleging intellectual disability without …
Georgia Supreme Court Holds Statute Authorizing Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Is Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia held that the state statute authorizing the lifetime global positioning system (“GPS”) monitoring of persons determined to be a “sexually dangerous person” (“SDP”) but …
Article • March 16, 2019 • from CLN April, 2019
Ninth Circuit Holds Juror Who Wouldn’t Unequivocally State She Could Be Impartial Should Have Been Excused; New Trial Ordered Because Biased Juror Can’t Be Harmless Error by Dale Chappell by Dale Chappell In a case where a juror did not unequivocally state that she could be unbiased because she had …
Destroyed Lives by Sandy Rozek by Sandy Rozek, NARSOL In 1969, a man named Peter Yarrow, a musical pop star, opened the door of his dressing room to two sisters, ages 17 and 14, who were seeking his autograph. He was nude and proceeded with sexually suggestive and apparently aggressive remarks …
Article • March 16, 2019 • from CLN April, 2019
California Police Privacy Laws Have Been Violating Brady for Years by Mark Wilson by Mark Wilson An arresting officer’s fabrication or planting of evidence or other misconduct lies at the very heart of the definition of exculpatory evidence that must be disclosed to criminal defendants under the Sixth Amendment since the …
Appeals court provides new vehicle to challenge registration by Larry N. by Larry N., NARSOL We are excited to report that registrants in Pennsylvania now will have a new vehicle to challenge sex offender registration. The United States Court of Appeals for the Third Circuit Court handed down a precedential …
Article • February 15, 2019 • from CLN March, 2019
Study: Racial Bias Inherent in the Jury Selection Process by Kevin Bliss by Kevin Bliss Wake Forest University criminal law professor Ronald Wright recently published a research paper, which proves—with statewide evidence—that the peremptory challenge process of jury selection in North Carolina trials is racially biased.  Prosecutors, who are first …
South Carolina Supreme Court Rules Mandatory Electronic Monitoring of Sex Offenders Must Be ‘Reasonableness’ Under Fourth Amendment by Dale Chappell by Dale Chappell The Supreme Court of South Carolina held that a state law requiring mandatory electronic monitoring of sex offenders must meet the “reasonableness” standard under the U.S. and …
Article • November 28, 2018 • from CLN December, 2018
Filed under: Juries, Habeas Corpus, AEDPA
Sixth Circuit Grants Habeas Relief When Juror Failed to Disclose History of Sexual Abuse in Sexual Assault Case by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Sixth Circuit ruled that a defendant convicted of third-degree criminal sexual conduct did not receive a fair trial because …
Brief • October 31, 2018
D.K. V. Teams, NY, Order, Physical Abuse-Disabled, 2018 Case 1:16-cv-03246-PAE Document 354 Filed 10/31/18 Page 1 of 3 USDCSDNY DOC UMENT ELECTRONICALLY FILED DOC#: ------- -UNITED STATES DISTRICT COURT FILED: DATE SOUTHERN DISTRICT OF NEW YORK ------ D.K., by her Guardian L.K.; Z.O., by her Guardian B.M.; and 8.R., by …
Article • October 25, 2018
Security Expert Says FBI Has Unlocked iPhones With Fingerprints of The Deceased by Derek Gilna by Derek Gilna FBI forensics specialist Bob Moledor claims that FBI used the lifeless index finger of at least one dead suspect to unlock his iPhone to search for evidence. In 2016, Moledor said the …
Brief • September 24, 2018
D.K. V. Teams, NY, Contempt Order, Physical Abuse-Disabled, 2018 Case 1:16-cv-03246-PAE Document 329 Filed 09/24/18 Page 1 of 3 Case 1:16-cv-03246-PAE-DCF Document 326-1 Filed 09/ UNITED STA TES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK D.K., by her Guardian L.K.; Z.O., by her Guardian B.M.; and B.R., by her Guardian …
Eric Schneiderman Pushed Laws Opposing Abuse of Women as He Stands Accused of Abusing Them Himself by Steve Horn by Steve Horn Eric Schneiderman, who resigned as New York’s Attorney General May 8, had a record of supporting legislation and criminal law enforcement to protect women from sexual abuse. However, …
Brief • August 20, 2018
D.K. V. Teams, NY, Order to Show Cause, Physical Abuse-Disabled, 2018 Case 1:16-cv-03246-PAE Document 308 Filed 08/20/18 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK D.K., by her Guardian L.K.; Z.O., by her Guardian B.M.; and B.R., by her Guardian C.R., Plaintiffs, No. 16 Civ. …
Brief • August 20, 2018
D.K. V. Teams, NY, Memorandum of Law, Physical Abuse-Disabled, 2018 Case 1:16-cv-03246-PAE Document 310 Filed 08/20/18 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK D.K., by her Guardian L.K.; Z.O., by her Guardian B.M.; and B.R., by her Guardian C.R., Plaintiffs, No. 16 Civ. 03246 …
Southern Poverty Law Center v. Homeland Security, et al., complaint for injunctive relief re ICE, 2018 Case 1:18-cv-01725 Document 1 Filed 07/24/18 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SOUTHERN POVERTY LAW CENTER Civil Action No. 1:18-cv-01725 Plaintiff, JURY DEMANDED V. UNITED …
Fifth Circuit Grants § 2255 Petition Challenging Failure to Register Conviction for Ineffective Assistance of Counsel by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Fifth Circuit reversed a district court’s denial of a former prisoner’s 28 U.S.C. § 2255 petition, in which he claimed …
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