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Article • July 15, 2022 • from CLN August, 2022
Filed under: Double jeopardy
Michigan Supreme Court Announces Punishment for Second-Degree Murder and Involuntary Manslaughter When Based on Same Conduct Violates Prohibition Against Double Jeopardy by Anthony Accurso by Anthony W. Accurso The Supreme Court of Michigan ruled that the Legislature intended that no person be punished under both the state’s second-degree murder statute, …
Article • July 15, 2022 • from CLN August, 2022
Your Data Is For Sale and Anonymization Is Meaningless by Anthony Accurso by Anthony W. Accurso Data brokers exist to buy bulk user data collected by advertising tech companies and resell it to other companies, government agencies, and the public. They claim this practice is harmless since the data has …
Article • July 15, 2022 • from CLN August, 2022
Filed under: News in Brief
News in Brief by California: The Daily News reported that two former police officers from Fullerton and Anaheim were indicted on counts of kidnapping while working illegally as bounty hunters. The former officers were Rodger Corbett, 49, formerly of the Fullerton PD and Kevin Pedersen, 34, formerly of the Anaheim …
Article • July 15, 2022 • from CLN August, 2022
Iowa Supreme Court: Warrantless Entry Into Home for Misdemeanor Arrest Violates Both U.S. and Iowa Constitutions and Requires Suppression of Evidence by Mark Wilson by Mark Wilson  The Supreme Court of Iowa held that the warrantless entry of an apartment to arrest the occupant on a misdemeanor charge was unlawful, …
Article • July 15, 2022 • from CLN August, 2022
Prosecutor’s Sentencing Message to Defendant: Insist on Trial, Pay with Your Liberty by David Reutter by David M. Reutter For persons inexperienced with the criminal justice system, it seems incomprehensible that an innocent person would plead guilty. The threat of a trial penalty, however, pushes many innocents to do just …
Article • July 15, 2022 • from CLN August, 2022
Maine’s Law Enforcement Agencies, Like Those of Most States, Don’t Track Complaints Against Police Officers by Douglas Ankney by Douglas Ankney The WMTW 8 Investigates Team partnered with the Maine Freedom of Information Coalition to review hundreds of documents and other data obtained from 135 Maine law enforcement agencies (“Agencies”). …
Article • July 15, 2022 • from CLN August, 2022
Chicago PD Emphasizing Facial Recognition for Investigations by Anthony Accurso by Anthony W. Accurso A report from Business Insider made public an internal Chicago Police Department (“CPD”) presentation that emphasizes the increasing use of facial recognition to identify suspects in investigations. Law enforcement agencies have been making a lot of …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Ethical Restraints
Quattrone Center Reveals Lack of Transparency Concerning Prosecutorial Misconduct Claims Report identifies over 7,000 instances of state attorney conduct that ‘did not comport’ with ethical, procedural, or legal rules by Casey Bastian by Casey J. Bastian Prosecutors are charged with the solemn duty to ensure our criminal justice systems function …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Traffic Stops, Suppression
Third Circuit Suppresses Evidence Found After Police Created Safety Concern to Justify Prolonging Traffic Stop by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Third Circuit held that prolonging a traffic stop, even for a short period of time, to ensure an officer’s safety is …
Article • July 15, 2022 • from CLN August, 2022
Police Often Use ‘Cover Charges’ to Mask False Arrests and Police Brutality by Casey Bastian by Casey J. Bastian Across America, “cover charges” are frequently alleged against citizens during encounters with police—especially when it’s a questionable “use of force” situation. Experts have identified a typical pattern involving this abusive tactic. …
Article • July 15, 2022 • from CLN August, 2022
Inflation Transforming Petty Offenses Into Felonies by Douglas Ankney by Douglas Ankney In the recent collective memory of Americans, $200 purchased almost 100 gallons of gasoline. Today, fewer than 50 gallons of gas can be purchased with that same $200. Two years ago, theft of that 50 gallons of gas …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Self-representation
Third Circuit: District Court’s Focus on Substance of Defendant’s Meritless Arguments in Denying Request to Represent Himself Resulted in Inadequate Inquiry Prior to Denial in Violation of Sixth Amendment by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Third Circuit held that U.S. District Court for …
Article • July 15, 2022 • from CLN August, 2022
Pennsylvania Supreme Court Clarifies Ex Post Facto Analysis Focuses on When, Not Where, Crime Occurred and Does Not Require Showing of Disadvantage to Defendant by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania held that the state’s sex-offender registry law constitutes punishment when imposed retroactively to sex offenders …
Article • July 15, 2022 • from CLN August, 2022
Hawai’i Supreme Court Holds Randomness and Violent Nature of Crime Alone Insufficient to Establish Exigent Circumstances for Warrantless Entry Into Suspect’s Home by Anthony Accurso by Anthony W. Accurso The Supreme Court of Hawai’i ruled that the apparent randomness and violent nature of the offense for which a suspect was …
Tenth Circuit: Guilty Plea Not Knowing and Voluntary Because Sentencing Court Failed to Ask Follow Up Questions After Defendant Said He’s Off His Medication and ‘Mind Isn’t Right’ by David Reutter by David M. Reutter The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s guilty plea after …
Article • July 15, 2022 • from CLN August, 2022
Fourth Circuit: South Carolina Marijuana Law Not a Categorical Match to Federal Law for ACCA Sentencing by David Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit held that a defendant’s convictions under South Carolina law for possession of marijuana with intent to distribute in …
Article • July 15, 2022 • from CLN August, 2022
Commentary: Exploring Implications of the Supreme Court’s Expansion of Second Amendment Rights by Professor Douglas A. Berman by Douglas A. Berman This content was originally published on sentencing.typepad.com, as three distinct blog postings on June 23 and 24, 2022, and included several embedded hyperlinks to research referenced. The posts have …
Article • July 15, 2022 • from CLN August, 2022
Illinois Limits Police Access to Data Stored by Third Parties by Anthony Accurso by Anthony W. Accurso Illinois recently passed the Protecting Household Privacy Act (“PHPA”), which limits state law enforcement access to data stored by third parties, i.e., companies like Google and Facebook, requiring warrants in most circumstances, and …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Police Misconduct
NYPD Continues Its Longstanding Tradition of Thwarting Misconduct Investigations and Evading Accountability by Douglas Ankney by Douglas Ankney New York City’s Police Department (“NYPD”) has been described by journalists as being worse than the CIA and FBI when it comes to record requests. According to techdirt.com, the FBI and the …
Article • July 15, 2022 • from CLN August, 2022
Nebraska Company Providing Digital Wiretaps of Messaging Platforms to Law Enforcement Agencies by Anthony Accurso by Anthony W. Accurso PenLink, a Nebraska company, is filling the void in the U.S. of private companies that help law enforcement agencies—mostly federal, but some local as well—accomplish the digital equivalent of wiretapping communications …
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