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Article • May 15, 2022 • from CLN June, 2022
Filed under: Revocation Proceedings
California Court of Appeal: Trial Court Must Receive Parole Agency’s Written Report Before Ruling on Parole Revocation Petition for Lifetime Parolee Despite Remand to Prison Being Mandatory by Douglas Ankney by Douglas Ankney The Court of Appeal, First Appellate District, held that Penal Code § 1203.2(b)(1) requires trial courts to …
Article • May 15, 2022 • from CLN June, 2022
Excited Delirium—the Diagnosis That Doesn’t Exist by Brooke Kaufman How a racialized, gendered theory became the go-to defense for police officers who kill people in custody by Brooke Kaufman The term “excited delirium,” or agitated delirium, first entered legal discourse in the 1980s. Dr. Charles Wetli and Dr. David Fishbain …
Article • May 15, 2022 • from CLN June, 2022
Federal Habeas Corpus: Post-Filing Procedures in Seeking Habeas Relief by Dale Chappell by Dale Chappell After you’ve filed your petition for habeas relief in federal court, you may decide to take further actions, such as filing a motion to “stay” your proceedings, to appoint counsel, or to release you on …
Article • May 15, 2022 • from CLN June, 2022
New York Court of Appeals: Frye Hearing Required to Determine Admissibility of DNA Evidence Generated by Proprietary Forensic Statistical Tool by Douglas Ankney by Douglas Ankney The Court of Appeals of New York reversed an order of the Appellate Division that had affirmed a trial court’s order denying a hearing …
Article • May 5, 2022
California County Sheriff Targets Companies Associated With Legal Marijuana Sales by Kevin Bliss by Kevin W. Bliss The FBI agreed to return $1 million confiscated from Empyreal Logistics armored car company, which was seized as illegal drug money at the end of 2021. The proceeds belong to a state licensed …
Article • May 5, 2022
Police Using Copyrighted Music to Avoid Accountability by Kevin Bliss by Kevin W. Bliss Police are avoiding transparency and the public’s right to film by blasting out Disney tunes at a high volume any time a citizen begins video recording interactions between the police and the public. The music triggers …
Article • May 5, 2022
Texas Prosecutor Spent 20-Year Career Also Working as Law Clerk to Judges He Appeared Before by Kevin Bliss by Kevin W. Bliss Ralph Petty— retired prosecuting attorney of Midland County, Texas—has been accused of manipulating justice to meet his own ends for the 20 years he served in that role. …
Article • May 3, 2022
Attorney General Garland Calls for More Openness From Federal Agencies by Kevin Bliss by Kevin W. Bliss Attorney General Merrick Garland released a new set of Freedom of Information Act (“FOIA”) guidelines March 16, 2022. The guidelines call for more dedication to openness and proactive disclosures from government agencies. Simultaneously, …
Article • May 3, 2022
Filed under: Marijuana Laws/Issues
Weed Now Legal in New Jersey, New Yorkers Cannot Cross State Lines With It by Jo Ellen Nott by Jo Ellen Nott You can buy marijuana legally in New Jersey as of Thursday, April 21, 2022, one day after “World Weed Day.” Governor Phil Murphy signed into law three bills defining …
Article • May 1, 2022 • from CLN May, 2022
The Pseudoscientific Practice of Blood Spatter Analysis How the Desire for Convictions Drives Flawed Prosecutions by Anthony Accurso by Anthony W. Accurso The forensic science known as Bloodstain Pattern Analysis (“BPA”)—a.k.a. blood spatter analysis—is undergoing significant development after being the object of intense criticism regarding its reliability in the context …
Article • May 1, 2022 • from CLN May, 2022
Filed under: News in Brief
News in Brief by Arkansas: A former police officer in Lonoke County was convicted on March 18, 2022, in the killing of a white teenager reports Courthouse News Service. The former sheriff’s deputy, Michael Davis, was acquitted of a manslaughter charge but convicted on a misdemeanor charge in connection with …
Article • May 1, 2022 • from CLN May, 2022
Filed under: Forfeiture
Digital Tyranny: Beware of the Government’s Push for a Digital Currency by John W. Whitehead, Nisha Whitehead by John W. Whitehead & Nisha Whitehead, The Rutherford Institute “The greatest tyrannies are always perpetrated in the name of the noblest causes.”—Thomas Paine The government wants your money.It will beg, steal or …
Article • May 1, 2022 • from CLN May, 2022
Tennessee County Disproportionately Jails Black Children, and It’s Not Getting Better by Jacob Barrett by Jacob Barrett Tennessee’s Rutherford County hasbeenunderscrutinyafteritwaswidelycriticizedforitsdysfunctional juvenilejusticesystem.TheCountyhasbeenincarceratingBlackchildrenatadisproportionatelyhighrate, accordingtodataobtainedbyProPublicaandNashvillePublicRadio(“NPR”).Themostrecentdatarevealthat theCounty’sincarcerationofBlackyouthisanextremedeparturefromnationaltrendsandtheCounty’sracial disparityisgettingworse,notbetter. ProPublica and NPR documented how Rutherford County charged 11 Black children for a crime that did not exist. Four of the children were confined in …
Article • May 1, 2022 • from CLN May, 2022
California Court of Appeal: Fifth Amendment Violation Where Police Use Two-Step Interrogation in Deliberate Strategy to Circumvent Miranda by Richard Resch The Court of Appeal of California, Sixth Appellate District, held the trial court erred by admitting incriminating post-Miranda statements obtained through the use of pre-Miranda statements in a deliberate …
Article • May 1, 2022 • from CLN May, 2022
Seventh Circuit: Four-Year Delay in Filing Appeal Excused Habeas Exhaustion Requirement Because Any Further Attempts for Postconviction Remedies in State Court Would Have Been Futile by Dale Chappell by Dale Chappell Waiting more than four years for a Wisconsin state court to hear a defendant’s appeal was “ineffective to protect …
Article • May 1, 2022 • from CLN May, 2022
Ninth Circuit: IAC for Failure to Engage Mental Health Expert and Testing, State PCR Court’s Decision Contrary to Federal Law and Defective Factfinding, Habeas Relief Granted by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held that trial counsel’s failure to obtain a mental …
Article • May 1, 2022 • from CLN May, 2022
Hawaii Supreme Court: Due Process Violation to Exclude Evidence of Victim’s BAC in Assault Case in Which Defendant Claims Self-Defense by Matthew Clarke by Matt Clarke The Supreme Court of Hawaii held that a trial court erred by excluding evidence of the victim’s blood alcohol concentration (“BAC”) in a first-degree …
Article • May 1, 2022 • from CLN May, 2022
Filed under: During Trial
Maryland Court of Appeals Announces Accepting Empaneled Jury Doesn’t Waive Prior Objection to Trial Court’s Refusal to Propound a Voir Dire Question by Douglas Ankney by Douglas Ankney The Court of Appeals of Maryland affirmed a decision of the Court of Special Appeals (“CSA”) that held a defendant’s acceptance of …
Article • May 1, 2022 • from CLN May, 2022
Sixth Circuit: Courts May Consider Nonretroactive Change in Law as One of Several Factors for Extraordinary and Compelling Circumstances for Compassionate Release by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Sixth Circuit held that the U.S. District Court for the Northern District of Ohio erred …
Article • May 1, 2022 • from CLN May, 2022
SCOTUS Rejects Government’s Interpretation of the ACCA’s ‘Occasions Clause’ That Would Make It Possible to Become ‘a Career Criminal in the Space of a Minute’ by Richard Resch by Richard Resch In a 9-0 opinion delivered by Justice Kagan, the Supreme Court of the United States held that defendant’s 10 …
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