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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 …
Article • May 15, 2022 • from CLN June, 2022
When Your Criminal Case Is Dropped, But Your Mugshot Lives Forever by Julie Levitch by Julie Levitch, The Crime Report Just as protests spread across the country in response to the killing of George Floyd, I was arrested—a white, middle-class, suburban mom with no criminal record. While the appalling circumstances …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Staff Training
First Study of Police De-Escalation Training Shows Impressive Results by Douglas Ankney by Douglas Ankney A first-of-its-kind study by the University of Cincinnati (“UC”) revealed that de-escalation training of police officers produces impressive results in making police encounters safer for the public. The study, appearing in Criminology & Public Policy …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Crime Labs
Costs of Untested Rape Kits by Jayson Hawkins by Jayson Hawkins Few crimes are as traumatic as a violent sexual assault. When the assailants are unknown and at large, victims often remain in a constant state of anxiety and apprehension, unsure when or if they may be attacked again. DNA …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Curtilege
New Hampshire Supreme Court: Warrant Required to Enter Walled-In Porch Attached to Mobile Home by Anthony Accurso by Anthony W. Accurso The Supreme Court of New Hampshire held that a warrantless entry of an enclosed porch attached to a mobile home was constitutionally impermissible because the homeowner took steps to …
Article • May 15, 2022 • from CLN June, 2022
Second Circuit: Multi-Object Drug Conspiracy Involving Crack and Other Drugs Eligible for First Step Act Relief by Dale Chappell by Dale Chappell A single federal drug offense involving both powder and crack cocaine is eligible for a reduced sentence under the First Step Act’s retroactive application of the Fair Sentencing …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Resources
Book Review: ‘The PLRA Handbook: Law and Practice Under the Prison Litigation Reform Act’ by John Boston by Matthew Clarke by Matt Clarke Since being signed into law by President Clinton in 1996, the Prison Litigation Reform Act (“PLRA”) has become the premiere obstacle to prisoners’ obtaining relief in federal …
Article • May 15, 2022 • from CLN June, 2022
Sixth Circuit: No Abuse of Discretion in U.S. District Courts Imposing Habeas Remedy Different Than That Required Under State Law by Dale Chappell by Dale Chappell The proper remedy in granting federal habeas corpus relief to a state prisoner is within the discretion of federal courts and not dependent on …
Article • May 15, 2022 • from CLN June, 2022
SCOTUS Announces § 1983 Malicious Prosecution Claim’s ‘Favorable Determination’ Requirement Satisfied by Showing Prosecution Ended Without a Conviction by Richard Resch by Richard Resch The Supreme Court of the United States held that the “favorable determination” requirement for a Fourth Amendment claim under 42 U.S.C. § 1983 for malicious prosecution …
Article • May 15, 2022 • from CLN June, 2022
Minnesota Supreme Court: Depraved-Mind Murder Requires Mental State of Generalized Indifference to Human Life, Which Cannot Exist Where Defendant Kills With Particularity by Douglas Ankney by Douglas Ankney The Supreme Court of Minnesota held that the mental state necessary for a depraved-minded murder, Minn.Stat. 609.195(a) (2020), is a generalized indifference …
Article • May 15, 2022 • from CLN June, 2022
Sixth Circuit: Evidence Withheld by Prosecutor Opens Door for Successive Habeas Petition by Dale Chappell by Dale Chappell After the discovery that the prosecution withheld key pieces of evidence that may have exonerated a man convicted and sentenced to death, the U.S. Court of Appeals for the Sixth Circuit held …
Martinsville Seven Pardoned 70 Years After Execution by Anthony Accurso by Anthony W. Accurso Governor Ralph Northam (D-VA) signed posthumous pardons for seven Black men denied due process in a criminal case following a rape allegation involving a white woman in Martinsville, Virginia, in 1949. On January 8, 1949, 32-year-old …
Article • May 15, 2022 • from CLN June, 2022
SCOTUS Adds Extra Obstacle to Federal Habeas Relief for State Prisoners, Ruling Both Brecht and the AEDPA Must Be Satisfied by Dale Chappell by Dale Chappell Citing the need to respect the finality of state convictions, the Supreme Court of the United States (“SCOTUS”) held on April 21, 2022, that …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Jury Nullification
Jury Nullification: The People’s Tool Against Bad Laws and Bad Legal Actors by J.D. Schmidt by J.D. Schmidt A specter is haunting the courtrooms of the United States—the specter of jury nullification. All the powers of the United States legal system have entered into an unholy alliance to exorcise this …
Article • May 15, 2022 • from CLN June, 2022
Filed under: News in Brief
News in Brief by Connecticut: On Apr. 15, 2022, a Norwalk police officer of 10 years was arrested of assaulting a family member. WVIT, a news channel serving New Britain, reports that officer Jermaine Nash, 44, was arrested after a call was made to police in the mid-afternoon of the …
Article • May 15, 2022 • from CLN June, 2022
Michigan Supreme Court: IAC Where Defense Counsel Failed to Request Instruction on Defense-of-Others for Nonassaultive Offense of Home Invasion, Orders New Trial by David Reutter by David M. Reutter The Supreme Court of Michigan held that defense counsel was ineffective for failing to request a defense-of-others jury instruction for defendants …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Restitution Hearing
Tenth Circuit: Judgment of Conviction Becomes Final for § 2255 SOL Purposes Upon Conclusion of Direct Review of Deferred Restitution by Douglas Ankney Answering an open question, the U.S. Court of Appeals for the Tenth Circuit held that a judgment becomes final for purposes of 28 U.S.C. § 2255’s statute …
Use of Controversial Phone-Cracking Tool Is Spreading Across Federal Government by Mara Hvistendahl, Sam Biddle Cellebrite’s extensive federal sales come as another Israeli phone-spying firm, NSO Group, falls under federal sanctions. by Mara Hvistendahl, Sam Biddle, The Intercept Investigators with the U.S. Fish and Wildlife Service frequently work to thwart a variety …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Forfeiture
Maine Now Requires Criminal Conviction Before Property May Be Forfeited by Douglas Ankney by Douglas Ankney Maine passed LD 1521 without the governor’s signature to become the fourth state in the nation to abolish civil asset forfeiture, requiring instead a criminal conviction before property may be forfeited. The law took …
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