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Article • June 15, 2022 • from CLN July, 2022
Filed under: Special Conditions
Tenth Circuit Vacates Special Conditions of Supervised Release Where District Court Failed to Make Appropriate Findings and Provide Adequate Explanation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit vacated the U.S. District Court for the District of Wyoming’s imposition of a “Sexual Materials …
SCOTUS: No Procedural-Default Exceptions to Excuse Federal Habeas Evidentiary Hearing Bar by Dale Chappell by Dale Chappell In yet another case further limiting the federal habeas corpus remedy, the Supreme Court of the United States (“SCOTUS”) held on May 23, 2022, that post-conviction counsel’s failure to develop a meritorious claim …
Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal by David M. Reutter by David M. Reutter The Supreme Court of Ohio held that the constitutionality of an indeterminate sentence imposed under the Reagan Tokes Law, R.C. 2967.271, ripens at sentencing and …
Article • June 15, 2022 • from CLN July, 2022
Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation by David M. Reutter by David M. Reutter The Supreme Court of Idaho held that an expert’s telephonic testimony violated a defendant’s Sixth Amendment right to confrontation. The Court found the error was not harmless and remanded for …
Article • June 15, 2022 • from CLN July, 2022
Federal Prosecutors Directed to Stop Obtaining Compassionate Release Waivers From Defendants During Plea Agreements and to Not Enforce Previously Obtained Waivers by Harold Hempstead by Harold Hempstead On March 11, 2022, the Deputy Attorney General of the U.S. Department of Justice (“DOJ”) issued a Memorandum directing federal prosecutors to stop …
Article • June 15, 2022 • from CLN July, 2022
Ninth Circuit Holds Statute Criminalizing Encouraging or Inducing Alien to Reside in U.S. Is Overbroad and Facially Unconstitutional by Mark Wilson by Mark Wilson THE U.S. COURT OF APPEALS FOR THE Ninth Circuit held that a federal law, 8 U.S.C. § 1324(a)(1)(A)(iv), that criminalizes encouraging or inducing an alien to …
Article • June 15, 2022 • from CLN July, 2022
Cop Training Other Cops to Use Facial Recognition to ID Individuals During Traffic Stops by Anthony Accurso by Anthony W. Accurso Maryland Detective Nick Jerman was featured in a July 2021 episode of the Street Cop Podcast in which he teaches officers to use subterfuge and publicly available facial recognition …
Article • June 15, 2022 • from CLN July, 2022
Seventh Circuit: District Court’s Failure to Exercise Discretion After Erroneously Finding Defendant Ineligible for Relief Under First Step Act Was Abuse of Discretion by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit ruled that the U.S. District Court for the Northern District of Illinois …
Article • June 15, 2022 • from CLN July, 2022
Seventh Circuit Vacates Sentence Where District Court’s Rationale for Defendant’s Offense Level Unclear by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit vacated Darrell Loving’s sentence because the reasons given by the U.S. District Court for the District of Indiana for arriving at an …
Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence by David M. Reutter by David M. Reutter The Supreme Court of Iowa vacated a defendant’s sentence after finding the prosecution failed to honor the spirit of a plea agreement …
Article • June 15, 2022 • from CLN July, 2022
U.S. Treasury Bypasses Fourth Amendment by Buying Location Data for Law Enforcement Purposes by Anthony Accurso by Anthony W. Accurso Recent FOIA disclosures revealed two contracts for law enforcement agencies under the U.S. Treasury—the IRS and Office of Foreign Assets Control (“OFAC”)—which will allow the agencies to obtain location data …
Article • June 15, 2022 • from CLN July, 2022
California Court of Appeal: Trial Court Violated Humphrey by Setting High Bail Without Considering Financial Condition of Defendant or Nonfinancial Conditions of Release by Matthew Clarke by Matt Clarke The Court of Appeal of California, Second Appellate District, held the trial court erred by setting bail at an amount it …
Article • June 12, 2022
FOIA Request Reveals Cincinnati Cop Had Sex While On-Duty With Sex Workers He Searched in Police Database by Brooke Kaufman by Brooke Kaufman According to a recent WCPO report, a 29-year-old Cincinnati police officer resigned from his post in 2020 after investigators uncovered he used a law enforcement database to …
Article • May 15, 2022 • from CLN June, 2022
A House Built on Discriminatory Sand by Anthony Accurso Strategies for Pushing Back on Data-Driven Policing Trends by Anthony W. Accurso The National Association of Criminal Defense Lawyers (“NACDL”) released its Task Force report on data-driven predictive policing in September, 2021, highlighting the failures of predictive policing and making policy …
Article • May 15, 2022 • from CLN June, 2022
Pennsylvania Supreme Court Announces Smell of Marijuana Alone No Longer Establishes Probable Cause to Conduct Warrantless Vehicle Search by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania held that the smell of marijuana, by itself, no longer creates probable cause to justify a warrantless search of a vehicle …
Article • May 15, 2022 • from CLN June, 2022
Filed under: housing
New Yorkers With Criminal Record Struggle for Approval to Rent Homes by Ashleigh Dye by Ashleigh Dye It is estimated that in New York City over 750,000 residents have a criminal record. Yet, many policies and housing laws exclude people with past criminal convictions from being able to rent apartments …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Public Defenders
ABA Says Oregon Needs 1,296 More Public Defenders by Mark Wilson by Mark Wilson Oregon’s 592 contracted public defenders, in a state with more than 4.2 million citizens, amount to just 31% of the attorneys needed to represent the state’s indigent criminal defendants, according to a two-year study by the …
Article • May 15, 2022 • from CLN June, 2022
Idaho Supreme Court Announces Prospectively Testimony by Drug Recognition Expert Requires State to Comply With Expert Witness Disclosure Requirements of Rule 16(b)(7) by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho announced, “that henceforth, testimony from drug recognition expert requires the state to comply with the expert witness …
Filmmaker Got Back His $69,000 ‘Stolen’ by DEA Agent, Plus a $15,000 Settlement by Harold Hempstead by Harold Hempstead In August 2021, the U.S. Government agreed to pay Keddins Etiennes, an independent filmmaker, a $15,000 settlement, in addition to the approximately $69,000 they previously returned to Etiennes, that DEA Agent …
Article • May 15, 2022 • from CLN June, 2022
California Court of Appeal: Trial Court’s Dismissal of Charge Based on Express Statement of ‘Insufficient Evidence’ Is Equivalent to Acquittal for § 1170.95 Resentencing by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Third Appellate District, affirmed the finding of a superior court in a § 1170.95 …
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