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Article • May 17, 2023
Los Angeles Superior Court Issues Historic Preliminary Injunction on Cash Bail Enforcement by Miles Dyson by Miles Dyson LOS ANGELES — In a groundbreaking move, the Los Angeles Superior Court has issued a preliminary injunction that puts an end to the detention of individuals solely due to their inability to …
Brief • May 16, 2023
Anderson v Grayson County, TX, Complaint, Failure to Appoint Counsel, 2023 Case 4:23-cv-00439 Document 1 Filed 05/16/23 Page 1 of 18 PageID #: 1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION CHAZDON ANDERSON, Plaintiff, v. GRAYSON COUNTY; HON. JAMES P. FALLON, in his official capacity …
Article • May 15, 2023 • from CLN June, 2023
Filed under: junk science, Firearms
The Evolving Science, Skepticism, and Limited Evidentiary Value of Firearm and Toolmark Identification by Douglas Ankney by Douglas Ankney In People v. Kirschke, 53 Cal.App.3d 405 (1975), a firearm and toolmark identification (“FTI”) expert testified for the prosecution “that an evidence bullet had been fired by a particular firearm and …
Article • May 15, 2023 • from CLN June, 2023
Op-Ed: Fix the First Step Act and Let Reformed Prisoners Out From Behind Bars – Time Credits and the Irrebuttable Presumption Doctrine by Christopher Cobb by Christopher D. Cobb I am a federal prisoner housed at theFederal Satellite Low located in Jesup (“Jesup”), Georgia, and a subscriber to both PLN …
Article • May 15, 2023 • from CLN June, 2023
Beyond Rehabilitation: Personal Achievement and Selfless Service as Grounds for Federal Compassionate Release by Luke Sommer, James Lockhart by Luke E. Sommer and James A. Lockhart Prior to the passage of the First Step Actof 2018, federal prisoners had to rely on the Director of the Federal Bureau of Prisons …
Article • May 15, 2023 • from CLN June, 2023
SCOTUS Announces Statute of Limitations for § 1983 Claim Challenging State’s Postconviction DNA Testing Procedures Begins to Run Upon Completion of State-Court Litigation, Including Appeals by Richard Resch by Richard Resch The Supreme Court of the United States held that when a prisoner’s request for postconviction DNA testing of evidence …
Article • May 15, 2023 • from CLN June, 2023
Filed under: Police Interrogations
Oregon Supreme Court: Right to Counsel Violated by Police Questioning Defendant About an Uncharged Crime in Connection With Charged Crime for Which Defendant Represented by Counsel by Mark Wilson by Mark Wilson The Supreme Court of Oregon vacated a murder conviction, holding that police questioning of a represented criminal defendant …
Article • May 15, 2023 • from CLN June, 2023
Washington Supreme Court Announces Adoption of ‘Rule of Automatic Reversal’ When Prosecutor Flagrantly Appeals to Racial and Ethnic Bias During Voir Dire by Mark Wilson by Mark Wilson The Supreme Court of Washington, sitting en banc, announced a new rule for situations involving flagrant appeals to racial and ethnic bias …
Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention by Harold Hempstead by Harold Hempstead The Supreme Judicial Court of Massachusetts held that the pretrial detention period in General Laws c. 276, § 58B begins to run when a defendant is detained, not when an order …
Article • May 15, 2023 • from CLN June, 2023
Seventh Circuit: Fugitive Who Leased Condo Under Alias Retained Expectation of Privacy so Landlord Could Not Give Valid Consent for Warrantless Search of Premises by Richard Resch by Richard Resch The U.S. Court of Appeals for the Seventh Circuit ruled that a suspect in a federal drug investigation who leased …
Article • May 15, 2023 • from CLN June, 2023
California Court of Appeal: Geofence Warrant Violates ‘Particularity’ Requirement of Fourth Amendment and Is ‘Overbroad’ but Good Faith Exception Applies Because of the Novelty of Geofence Warrants at Time Sought and Executed by Richard Resch by Richard Resch The Court of Appeal of California, Second Appellate District, held that a …
Article • May 15, 2023 • from CLN June, 2023
New York Court of Appeals Announces When an Alternate Juror Is ‘Discharged’ and no Longer ‘Available for Service’ by Douglas Ankney by Douglas Ankney The Court of Appeals of New York ruled that under state law an alternate juror discharged from service cannot subsequently be seated to deliberate the case. …
Eleventh Circuit Announces Defendant Must Satisfy All Three Subsections of § 3553(f)(1) to Be Ineligible for Safety Valve by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit, sitting en banc, held that a defendant must satisfy all three subsections of the First Step Act, …
Article • May 15, 2023 • from CLN June, 2023
Ohio Supreme Court: Good-Faith Exception to Exclusionary Rule Inapplicable to Warrant Based on Affidavit Stating Cellphones Found at Scene of Traffic Crash ‘May’ Contain Evidence by Anthony Accurso by Anthony W. Accurso The Supreme Court of Ohio held that the Court of Appeals erred in applying the good faith exception …
Article • May 15, 2023 • from CLN June, 2023
Idaho Supreme Court: Confession Obtained in Violation of Miranda Inadmissible in State’s Case in Chief but May Be Used for Impeachment Purposes Where Defendant’s Will Was Not ‘Overborne’ During Interrogation by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho held that a confession obtained in violation of Miranda …
California Court of Appeal Announces ‘Plausible Justification’ as Standard for Claiming Entitlement to Discovery Under Racial Justice Act of 2020 by Mark Wilson by Mark Wilson In a case of first impression, the Court of Appeal of California, First Appellate District, vacated a trial court’s denial of a criminal defendant’s …
Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio ruled that Emile Weaver’s trial counsel was ineffective at her sentencing when he made mention of the term …
Article • May 15, 2023 • from CLN June, 2023
Study Explores Factors Underlying High Rate of American Police Killings by Eike Blohm, MD by Eike Blohm, MD Fatal encounters with police occur in the U.S. with disturbing frequency, setting us apart from other Western industrial nations. A recent study published in the Annual Review of Criminology explores the drivers …
Article • May 15, 2023 • from CLN June, 2023
by Eike Blohm, MD FATAL ENCOUNTERS WITH POLICE OCCUR in the U.S. with disturbing frequency, setting us apart from other Western industrial nations. A recent study published in the Annual Review of Criminology explores the drivers behind this American exce by Jordan Arizmendi by Jordan Arizmendi In a study by …
Tennessee Supreme Court Announces State Statute Automatically Sentencing Juvenile Offenders Convicted of First-Degree Murder to Life in Prison Is Unconstitutional by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Tennessee followed the U.S. Supreme Court’s guidance for proportionality analysis when sentencing juvenile offenders …
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