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North Carolina Governor Grants Clemency to 3 People Convicted as Juveniles
Article • March 17, 2022
Filed under: Pardons/Clemency, Juvenile Offenses/Offenders
North Carolina Governor Grants Clemency to 3 People Convicted as Juveniles by A March 10, 2022, press release from North Carolina Governor Roy Cooper’s office stated the governor has commuted the sentences of three people convicted of crimes as juveniles. The commutations — the first of their kind — were …
Rape Victim’s DNA Was Used by Police to Arrest Her on Unrelated Charges Six Years Later
Article • March 17, 2022
Filed under: DNA Testing/Samples, DNA Evidence
Rape Victim’s DNA Was Used by Police to Arrest Her on Unrelated Charges Six Years Later by According to an article from Forensic, a woman whose DNA sample from sexual assault evidence was used to arrest her on unrelated property crime charges six years later is planning to sue the …
ACLU Report Suggests Disturbing Pattern of Police Surveilling Protests to Identify People Peacefully Protesting Police Brutality
Article • March 15, 2022 • from CLN April, 2022
Filed under: Police Misconduct, Police State-Surveillance
ACLU Report Suggests Disturbing Pattern of Police Surveilling Protests to Identify People Peacefully Protesting Police Brutality by It is reasonable that the California Highway Patrol (“CHP”) would use helicopters equipped with surveillance cameras to track fleeing felons—or even use them to scan crowds of protestors to detect criminal activity. But …
Plea Bargaining: An Illegitimate System to Administer Justice?
Article • March 15, 2022 • from CLN April, 2022
Filed under: Wrongful Conviction, Plea Agreements/Guilty Pleas, Withdrawal
Plea Bargaining: An Illegitimate System to Administer Justice? by David Reutter by David M. Reutter A counseled plea bargain is the fastest and most economical resolution to a criminal case. The American justice system has come to tolerate and encourage plea bargains because of these attributes. Recent studies, however, find …
First Circuit: Appellate Counsel’s Failure to Raise Brady Claim on Direct Appeal Constituted Ineffective Assistance of Counsel Under Strickland, § 2255 Motion Granted
Article • March 15, 2022 • from CLN April, 2022
Filed under: Brady Violations, Strickland Standard
First Circuit: Appellate Counsel’s Failure to Raise Brady Claim on Direct Appeal Constituted Ineffective Assistance of Counsel Under Strickland, § 2255 Motion Granted by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the First Circuit reversed the U.S. District Court for the District of Puerto Rico’s …
Ending Eyewitness Memory Contamination
Article • March 15, 2022 • from CLN April, 2022
Filed under: Wrongful Conviction, Lineups
Ending Eyewitness Memory Contamination by Matthew Clarke Memory-Expert Psychologists Recommend Stopping All In-Court Identification and Repeated Lineups by Matt Clarke The Heisenberg Uncertainty Principle is a scientific concept in quantum physics explaining that the position and velocity of a sub-atomic particle can never be truly known because the very act …
Iowa Supreme Court Reverses Conviction Where Prosecutor Allowed to Amend Trial Information at Trial to Charge a ‘Wholly New and Different Offense’
Article • March 15, 2022 • from CLN April, 2022
Filed under: Wholly Unrelated Charges, Prior Convictions - Expungement or Reversal of, Prosecutorial Misconduct
Iowa Supreme Court Reverses Conviction Where Prosecutor Allowed to Amend Trial Information at Trial to Charge a ‘Wholly New and Different Offense’ by David Reutter by David M. Reutter The Supreme Court of Iowa reversed a conviction where the trial court allowed the prosecutor to amend an information at trial …
Fourth Circuit: Bodily Injury Sentence Enhancement for Robbery Inapplicable Where Victim Sustained ‘Momentary’ Injury and Sought ‘Precautionary’ Medical Treatment
Article • March 15, 2022 • from CLN April, 2022
Filed under: U.S. Sentencing Guidelines, Death/Bodily Injury
Fourth Circuit: Bodily Injury Sentence Enhancement for Robbery Inapplicable Where Victim Sustained ‘Momentary’ Injury and Sought ‘Precautionary’ Medical Treatment by Jacob Barrett by Jacob Barrett TheU.S.CourtofAppeals for theFourthCircuitruledadistrictcourtcannot simply“guess”that a victim suffered a qualifying “bodily injury” in connection with a robbery to trigger the two-level, bodily injury sentence enhancement under …
Texas Court of Criminal Appeals: Trial Court Did Not Abuse Discretion by Granting Rule 508 Motion to Dismiss Capital Murder Charge Where State Refused to Disclose Identity of Confidential Informant
Article • March 15, 2022 • from CLN April, 2022
Filed under: Informants, Capital Punishment, Classified Documents/Materials/Evidence
Texas Court of Criminal Appeals: Trial Court Did Not Abuse Discretion by Granting Rule 508 Motion to Dismiss Capital Murder Charge Where State Refused to Disclose Identity of Confidential Informant by Douglas Ankney by Douglas Ankney The Court of Criminal Appeals of Texas reversed a judgment of the Court of …
Vermont Supreme Court Announces Rule 12.1 Doesn’t Require Notice of Diminished Capacity Defense When Expert Testimony Won’t Be Used
Article • March 15, 2022 • from CLN April, 2022
Filed under: Mental Health Experts
Vermont Supreme Court Announces Rule 12.1 Doesn’t Require Notice of Diminished Capacity Defense When Expert Testimony Won’t Be Used by Matthew Clarke by Matt Clarke The Supreme Court of Vermont held that a trial court erred when it prohibited a defendant from raising the defense of diminished capacity, without relying …
California Court of Appeal: Hearing on Discretionary Resentencing Under §1170.91(b)(1) for U.S. Servicemembers Requires Only That Petition Allege Defendant ‘May’ Be Suffering From a ‘Qualifying Condit...
Article • March 15, 2022 • from CLN April, 2022
Filed under: Resentencing, Drug or Alcohol Dependence
California Court of Appeal: Hearing on Discretionary Resentencing Under §1170.91(b)(1) for U.S. Servicemembers Requires Only That Petition Allege Defendant ‘May’ Be Suffering From a ‘Qualifying Condition’ by Douglas Ankney by Douglas Ankney The Court of Appeal, Fourth Appellate District, ruled that the defendant satisfied the statutory criteria of Cal. Penal …
Fifth Circuit: Aggravated Assault in Texas Does Not Qualify as Aggravated Felony Under 8 U.S.C. § 1326(b)(2), Reentry With Prior Aggravated Felony
Article • March 15, 2022 • from CLN April, 2022
Filed under: Prior Felony Information
Fifth Circuit: Aggravated Assault in Texas Does Not Qualify as Aggravated Felony Under 8 U.S.C. § 1326(b)(2), Reentry With Prior Aggravated Felony by Jacob Barrett by Jacob Barrett OnremandfromtheU.S. SupremeCourt, the Court of Appeals for the Fifth Circuit held in light of Borden v.United States,141 S. Ct. 1817 (2021), Alan …
Massachusetts Supreme Court: Prosecution Failed to Prove Defendant Knowingly, Voluntarily, and Intelligently Waived Right to Counsel After Having Asked for Lawyer Earlier But Officer Continued to Enga...
Article • March 15, 2022 • from CLN April, 2022
Filed under: Confessions - Admissibility, After Request for Counsel
Massachusetts Supreme Court: Prosecution Failed to Prove Defendant Knowingly, Voluntarily, and Intelligently Waived Right to Counsel After Having Asked for Lawyer Earlier But Officer Continued to Engage in ‘General’ Talk for Nearly 45 Minutes by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court of the Commonwealth of Massachusetts …
Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’
Article • March 15, 2022 • from CLN April, 2022
Filed under: Solicitation to Commit a Crime of Violence, Possession or Use of Firearms, Hobbs Act
Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’ by David Reutter by David M. Reutter In a precedential ruling, the U.S. Court of Appeals for the Third Circuit held that Hobbs Act robbery does not qualify as …
A ‘Lucky’ Exoneration in Syracuse
Article • March 15, 2022 • from CLN April, 2022
Filed under: Wrongful Conviction
A ‘Lucky’ Exoneration in Syracuse by Jayson Hawkins by Jayson Hawkins Before Alice Sebold wrote her New York Times Bestseller, The Lovely Bones, she published a haunting memoir recounting her rape in 1981 when she was a freshman at Syracuse University. The book, Lucky, details not only the experience but …
Maryland Prosecutor Covers for FBI Agent’s Lies in Defense of Junk Science
Article • March 15, 2022 • from CLN April, 2022
Filed under: junk science
Maryland Prosecutor Covers for FBI Agent’s Lies in Defense of Junk Science by Jayson Hawkins by Jayson Hawkins Despite the constant glamorization of forensic evidence analysis that has become so common on TV shows, regular readers of CLN should be well aware that what passes for “science” in many actual …
SCOTUS Rejects ‘Opening the Door’ Rule to Correct ‘Misleading Impression’ as Exception to Confrontation Clause Allowing Admission of Unconfronted Testimonial Hearsay
Article • March 15, 2022 • from CLN April, 2022
Filed under: Confrontation Clause/Rights, Present Sense Impression
SCOTUS Rejects ‘Opening the Door’ Rule to Correct ‘Misleading Impression’ as Exception to Confrontation Clause Allowing Admission of Unconfronted Testimonial Hearsay by Richard Resch by Richard Resch In an 8-1 opinion written by Justice Sotomayor, the Supreme Court of the United States held that a trial court’s admission of unconfronted …
North Dakota Supreme Court Suppresses Evidence Found in Passenger’s Backpack Located Outside Vehicle When Drug-Detection Dog Alerted to Presence of Drugs Inside Vehicle
Article • March 15, 2022 • from CLN April, 2022
Filed under: Vehicle Searches, Drug-Sniffing Dog, Motions To Suppress
North Dakota Supreme Court Suppresses Evidence Found in Passenger’s Backpack Located Outside Vehicle When Drug-Detection Dog Alerted to Presence of Drugs Inside Vehicle by Anthony Accurso by Anthony W. Accurso The Supreme Court of North Dakota upheld the suppression of evidence obtained from a warrantless backpack search because neither the …
Fear and Freedom Twenty Years Later: How Post 9/11 Security Measures Overstepped Privacy
Article • March 15, 2022 • from CLN April, 2022
Filed under: War on Terror, Police State-Surveillance, Material Support to Terrorism
Fear and Freedom Twenty Years Later: How Post 9/11 Security Measures Overstepped Privacy by Ashleigh Dye by Ashleigh N. Dye The threat of terrorism in America has gripped the hearts of Americans for the past two decades since the 9/11 attacks. This fear has, however, been monopolized by the U.S. …
FBI Program Surveils Subject for 24 Days Using Spy Planes
Article • March 15, 2022 • from CLN April, 2022
Filed under: NSA Domestic Spying Program
FBI Program Surveils Subject for 24 Days Using Spy Planes by Anthony Accurso by Anthony W. Accurso Samuel Landes, a federal public defender representing Muhammed Momtaz Alazhari, filed a motion in federal court on August 30, 2021, alleging that the FBI used its small fleet of Cessna airplanes outfitted with …
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