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Article • May 1, 2022 • from CLN May, 2022
Fifth Circuit Affirms Habeas Relief and New Trial Based on Counsel’s Failure to Interview State’s Key Eyewitness in Murder Case by Dale Chappell by Dale Chappell Finding that defense counsel’s failure to interview the State’s key eyewitness in a Louisiana murder case constituted ineffective assistance of counsel under Strickland v. …
FOIA Request Reveals How the FBI Obtains and Analyzes Cellular Provider Data by Anthony Accurso by Anthony W. Accurso Arecently-obtained document sheds light on how an FBI special team obtains data from cellular providers to provide support for FBI, tribal, and local law enforcement investigations, including what data they can …
Article • May 1, 2022
Dozens of Convictions Related to Corrupt Convicted Former Chicago Cop Vacated by Brooke Kaufman by Brooke Kaufman According to the Chicago Tribune, Cook County, Illinois, prosecutors vacated 44 convictions related to convicted ex-Chicago police Sgt. Ronald Watts. In 2013, Watts pleaded guilty to stealing money from an FBI informant posing …
Article • May 1, 2022
Florida Sheriff’s Version of Fiscal Responsibility— ‘We Prefer’ Homeowners Shoot Burglars to ‘Save Taxpayer Money’ by Brooke Kaufman by Brooke Kaufman According to Santa Rosa County, Florida, Sheriff Bob Johnson, homeowners who encounter burglars should stand their ground and, if necessary, use deadly force. During a press conference, Johnson told …
Minnesota Supreme Court Announces Confession Must Be Corroborated by Independent Evidence Crime Occurred, Rejects Federal ‘Trustworthiness Standard’ for Corpus Delicti Rule by Douglas Ankney by Douglas Ankney The Supreme Court of Minnesota announced that Minn. Stat. § 634.03 (2020) requires a defendant’s confession to be corroborated by independent evidence reasonably …
Article • May 1, 2022 • from CLN May, 2022
United States Has Four Percent of the Global Population and Over Thirteen Percent of Global Deaths at the Hands of Law Enforcement by Casey Bastian Procedural Deficiencies in Cause of Death Reporting Systems Cause Extensive Underreporting of Fatal Police Violence by Casey J. Bastian Our nation is experiencing a recent …
Article • May 1, 2022 • from CLN May, 2022
Connecticut Supreme Court: Trial Court Abused Discretion by Limiting Self-Represented Defendant’s Direct Examination Regarding Risk of Injury to a Child by Matthew Clarke by Matt Clarke The Supreme Court of Connecticut held that a trial court erred when it limited the testimony of a self-represented defendant in a trial for …
Article • May 1, 2022 • from CLN May, 2022
Kentucky Supreme Court: Officer’s History of Arresting Defendant on Multiple Occasions Constituted ‘Show of Authority’ That Defendant Was Not Free to Leave, Resulting in Unlawful Terry Stop by Anthony Accurso by Anthony W. Accurso Supreme Court of Kentucky upheld the decision of a trial court that found a single officer …
Tenth Circuit Announces That After Borden An Offense That Can Be Committed ‘Recklessly’ Is Not Categorically a ‘Crime of Violence’ Under § 924(c)’s Elements Clause by Douglas Ankney by Douglas Ankney In consolidated cases on remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Tenth Circuit …
Article • May 1, 2022 • from CLN May, 2022
I, Robot, Am The LAW! by J.D. Schmidt Robot Dogs, Lethal Autonomous Weapons, and the Dawn of Robo-dystopia by J.D. Schmidt Back in 1942 when science fiction author Isaac Asimov introduced his “Three Laws of Robotics” in a short story, he was imagining how we could grapple with some of …
Article • May 1, 2022 • from CLN May, 2022
Filed under: Police Misconduct, Media
Thanks to Homeowner’s Private Security Camera Catching Cops’ Blatant Misconduct, He’s a Free Man by Douglas Ankney by Douglas Ankney Two police officers from Gowanda, New York—Sean Hotnich and Richard Cooper—claimed they got several “key details” wrong in their affidavit supporting a search warrant, as well as in their police …
Article • May 1, 2022 • from CLN May, 2022
Government Drones Compromise National Security, yet the NYPD Uses Them by Ashleigh Dye by Ashleigh Dye Drones produced by a Chinese company, Da Jiang Innovations (“DJI”), have been under scrutiny by the U.S. government for being a potential threat to national security. These same drones however, are being used by …
Article • May 1, 2022 • from CLN May, 2022
Filed under: Whistleblowing
Crushing Whistleblowers by Jayson Hawkins A Closer Look at How Police Departments Resist Reform From Within Their Ranks by Jayson Hawkins The last few years have seen a growing awareness of systemic problems in the way American police operate. Efforts to reform the system have been stymied by a number …
Article • May 1, 2022 • from CLN May, 2022
LASD Defends Practice of Stopping Latino Bicyclists, Says People Using Bikes for Transportation Are Generally Criminals by Douglas Ankney by Douglas Ankney According to data obtained by the Los Angeles Times, the Los Angeles Sheriff’s Department (“LASD”) is targeting Latino bicyclists with pretextual stops. Since the bicyclists are on their …
Article • May 1, 2022 • from CLN May, 2022
Vermont Supreme Court: Under Totality of Circumstances, Police Interview of Defendant in Store Parking Lot Was ‘Custodial Interrogation,’ Triggering Requirement for Miranda Warnings by Anthony Accurso by Anthony W. Accurso The Supreme Court of Vermontruled that, given the totality of circumstances, a police interview with a defendant was custodial and …
Article • May 1, 2022 • from CLN May, 2022
Discredited Narcotics Unit Revamped as Firearms Unit by Douglas Ankney by Douglas Ankney In 2020, the U.S. Department of Justice reported that officers from the Narcotics Unit of the Springfield Police Department in Massachusetts engaged “in a pattern or practice of excessive force in violation of the Fourth Amendment of …
Facbook Reminds Police, No Dummy Accounts for Surveillance by Anthony Accurso by Anthony W. Accurso One police tactic that is quickly gaining traction involves surveilling social media posts on sites like Facebook and Twitter, but Facebook (now Meta) is reminding police that fake (or “dummy”) accounts are not allowed. Police …
Article • May 1, 2022 • from CLN May, 2022
California Court of Appeal Orders New Trial Due to Jurors Considering Potential Penalty During Guilt Phase of Deliberations by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Third Appellate District, reversed a trial court’s denial of a motion for a new trial, ruling that jurors committed misconduct …
Article • May 1, 2022 • from CLN May, 2022
Colorado Supreme Court Announces Parents’ Income That’s Unavailable to Defendant Who Lives With Them Expense-Free Not Included in Indigency Determination for Court-Appointed Counsel by Matthew Clarke by Matt Clarke In a case of first impression, the Supreme Court of Colorado announced that when calculating financial means to hire an attorney …
Article • May 1, 2022
Bribery and Drug Charges Results in 8 Year Sentence for Former Corrupt NYPD Officer by Brooke Kaufman by Brooke Kaufman Former NYPD officer Robert Smith, 45, of Plainview, NY, was sentenced to 97 months in prison for accepting bribes and attempting to transport heroin. Smith previously called himself one of …
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