Skip navigation

Search

4160 results
Page 62 of 208. « Previous | 1 2 3 4 ... 58 59 60 61 62 63 64 65 66 ... 204 205 206 207 208 | Next »

Article • July 15, 2022 • from CLN August, 2022
California Court of Appeal: Gang Enhancements Remanded for Retrial Under AB 333; Sameness Requirement Satisfied by The court of appeal of California, Fifth Appelate District, struck gang and firearm enhancements based upon the retroactive application of Assembly Bill 333 (2021–2022 Reg. Sess.)(“AB333”). The Court also concluded that retrial of the …
Article • July 15, 2022 • from CLN August, 2022
California Supreme Court Announces Uncharged Lesser Firearm Enhancement May Be Substituted Under § 12022.53 by Mark Wilson by Mark Wilson The Supreme Court of California held that sentencing courts have the authority to strike a firearm enhancement and substitute a lesser uncharged statutory enhancement. California Penal Code § 12022.53, the …
Eighth Circuit: Government Breached Plea Agreement by Relying on Pre-Plea Conduct to Dispute Acceptance of Responsibility Despite Acknowledging Defendant Qualified for Credit in Agreement by Richard Resch by Richard Resch The U.S. Court of Appeals for the Eighth Circuit held the Government breached its plea agreement with the defendant by …
Article • July 15, 2022 • from CLN August, 2022
Maryland Court of Appeals: Kazadi Applies to Cases Where Issue Was Preserved at Trial but Appeal Not Yet Noted at Time Kazadi Decided by Douglas Ankney by Douglas Ankney The Court of Appeals of Maryland (“MCOA”) held that its holding in Kazadi v. State, 223 A.3d 554 (Md. 2020) applies …
Article • July 15, 2022 • from CLN August, 2022
Colorado Supreme Court Announces ‘Reasonable Likelihood’ Framework for Determining Whether Trial Court’s Comments to Prospective Jurors Lowered Prosecution’s Burden of Proof by Douglas Ankney by Douglas Ankney In companion cases, the Supreme Court of Colorado adopted the functional “reasonable likelihood” framework for determining whether a trial court’s comments to prospective …
California Supreme Court Announces Conspiracy to Commit Home Invasion Robbery Not Subject to Enhancement to Indeterminate Life Sentence Under Penal Code § 186.22(b)(4) by Matthew Clarke by Matt Clarke The Supreme Court of California held that conspiracy to commit home invasion robbery is not subject to enhancement to an indeterminate …
Article • July 15, 2022 • from CLN August, 2022
Fifth Circuit: District Court Miscalculated Sentencing Guidelines Range by Implausibly Finding Defendant Would Use All Cash Proceeds of Drug Sales Seized to Purchase More Meth to Resell by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the U.S. District Court for the …
Article • July 15, 2022 • from CLN August, 2022
The War in Ukraine Raises Awareness About Secure Communications During a Crisis by Douglas Ankney by Anthony W. Accurso While many people in the U.S. see their government as nosy, but largely benign when compared to oppressive regimes such as North Korea or Iran, the people of Ukraine and Russia …
Article • July 15, 2022 • from CLN August, 2022
Sixth Circuit: COA Not Required to Appeal Order Denying Rule 4(a)(5) Motion for Extension of Time to File Notice of Appeal by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that a Certificate of Appealability (“COA”) is not required when appealing a district …
Article • July 1, 2022
Filed under: Police Misconduct, FBI
Louisville Metro Police Indulging in Misconduct Since 2017 Keeps the FBI Busy by Jo Ellen Nott by Jo Ellen Nott Starting with a sex abuse scandal in 2017, the Louisville Metro Police Department has managed to draw the attention of the feds for a range of misconduct from wrongfully killing …
Article • July 1, 2022
Black Man Lies Paralyzed in Hospital Bed After Negligent Transport by Cops by Jo Ellen Nott by Jo Ellen Nott A hard stop by a police transport van snapped the neck of Richard Cox, 36, of New Haven, Connecticut, leaving him paralyzed on June 19, 2022.  Cox had been arrested …
Deputy U.S. Marshall Tracks Girlfriends With Sensitive Law Enforcement Tool by Kevin Bliss by Kevin Bliss Ex-Deputy U.S. Marshall Adrian O. Pena was charged with 11 counts of unauthorized use of law enforcement services for personal gain. The charges involve nine people known to Pena through personal relationships and their …
Article • June 21, 2022
Oklahoma Planning Executions for 25 Men, Including Plausibly Innocent Richard Glossip by Jo Ellen Nott by Jo Ellen Nott In the first week of June 2022, a federal judge decided that a three-drug cocktail including the sedative midazolam is a constitutional method of execution. Pursuant to that decision, Oklahoma Attorney …
Texas Police Refuse to Release Bodycam Footage From the Uvalde School Shooting, Claiming It Could Expose Law Enforcement ‘Weakness’ by Brooke Kaufman by Brooke Kaufman According to reporting from VICE News, the Texas Department of Public Safety (“DPS”) is trying to prevent the public from seeing police body cam footage …
Article • June 15, 2022 • from CLN July, 2022
Filed under: Police Misconduct, Police
Blue Lies Matter by Nia T. Evans We need to reckon with police lies not only as a form of individual misconduct but as a matter of political speech. by Nia T. Evans, Boston Review Last October a horrifying story saturated local news in Philadelphia. A woman had been sexually assaulted on a train …
Article • June 15, 2022 • from CLN July, 2022
Federal Habeas Corpus: Jurisdictional Pitfalls When Seeking Habeas Relief by Dale Chappell by Dale Chappell Jurisdiction has many meanings, but in federal habeas corpus, it refers to the federal court’s authority to grant relief. While there’s all sort of “shalls” and “musts” in the federal habeas statutes, not all of …
Article • June 15, 2022 • from CLN July, 2022
Missouri Supreme Court: Witness’ Two-Way Live Video Feed Testimony Violates Confrontation Clause by Jacob Barrett  by Jacob Barrett In a case of first impression in Missouri, the Supreme Court of Missouri held a circuit court violated Rodney A. Smith’s constitutional right to confrontation under both the U.S. Constitution and Missouri …
Article • June 15, 2022 • from CLN July, 2022
New Jersey Supreme Court: Description of Race and Gender of Robbery Suspects, Without More, Doesn’t Constitute Reasonable Suspicion for Investigatory Traffic Stop of Black Motorists by Mark Wilson by Mark Wilson THE NEW JERSEY SUPREME COURT unanimously held that police lacked reasonable and articulable suspicion to stop a vehicle occupied …
Article • June 15, 2022 • from CLN July, 2022
Commentary: Attacking the Guilty Plea—Court Cautions More Time Possible in Child Porn Case if Post-Conviction Motion Successful by Dale Chappell by Dale Chappell I’M ALWAYS ASKED WHETHER THE COURT can impose a harsher sentence if someone is successful in vacating their conviction or sentence under 28 U.S.C. § 2255. My …
Article • June 15, 2022 • from CLN July, 2022
A Union Scandal Landed Hundreds of NYPD Officers on a Secret Watchlist. That Hasn’t Stopped Some From Jeopardizing Cases. by Jake Pearson After prosecutors flagged hundreds of cops caught fixing tickets for friends and family a decade ago, the officers’ work was supposed to get an extra level of scrutiny. …
Page 62 of 208. « Previous | 1 2 3 4 ... 58 59 60 61 62 63 64 65 66 ... 204 205 206 207 208 | Next »