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7th Circuit: Ice Methamphetamine Sentence Enhancement Requires Proof of Purity

Article • December 15, 2020 • from CLN January, 2021

Filed under: Methamphetamine, Sentence Enhancements/Departures

7th Circuit: Ice Methamphetamine Sentence Enhancement Requires Proof of Purity by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Seventh Circuit ruled that subject matter expertise alone is insufficient to establish the purity of methamphetamines accurately to support a Guidelines enhancement. Scott Carnell pleaded guilty to …

Cincinnati Police Department Agrees to Audit of Its DNA Database

Article • November 15, 2020 • from CLN December, 2020

Filed under: Corrections Audits, DNA Evidence/Testing

Cincinnati Police Department Agrees to Audit of Its DNA Database by Douglas Ankney by Douglas Ankney The Innocence Project of New York, along with the Cincinnati, Ohio, law firm of Gerhardstein & Branch (collectively “Plaintiff’s Counsel”), negotiated a settlement on September 14, 2020, wherein the Cincinnati Police Department (“CPD”) agreed …

Seventh Circuit: Prior Conviction Under Overbroad State Drug Statute May Be Used in Career Criminal Enhancement But Not For Prior Drug Crimes Enhancement

Article • November 15, 2020 • from CLN December, 2020

Filed under: Prior Conviction/Sentence/Incarceration, Drug Laws/Offenses

Seventh Circuit: Prior Conviction Under Overbroad State Drug Statute May Be Used in Career Criminal Enhancement But Not For Prior Drug Crimes Enhancement by Matthew Clarke by Matt Clarke On July 20, 2020, the U.S. Court of Appeals for the Seventh Circuit held that a prior state drug conviction under …

Would the Real Officer Friendly Please Stand Up?

Article • November 15, 2020 • from CLN December, 2020

Filed under: Editorials, Education (Juveniles)

Would the Real Officer Friendly Please Stand Up? by Casey Bastian by Casey J. Bastian In 1966, the official Officer Friendly program was first instituted by the Chicago Police Department. Shortly after inception, the program became sponsored by the Sears-Roebuck Foundation. This educational program was designed for elementary schools, focusing …

QAnon and Some Cops Are Bedfellows

Article • October 17, 2020

Filed under: Conspiracies, Attempts, Solicitations

QAnon and Some Cops Are Bedfellows by Douglas Ankney by Douglas Ankney QAnon is a name associated with bizarre conspiracy theories. One is that a Satanic cabal of high-profile liberal pedophiles is running a worldwide sex ring. Another theory concerns a plot about kidnapped children held in underground tunnels so …

News in Brief

Article • October 15, 2020 • from CLN November, 2020

Filed under: News in Brief

News in Brief by Alaska: Police here can fly over property but they “cannot use cameras and drones for aerial searches of property without a warrant,” the Alaska Court of Appeals ruled. “The ruling stems from a 2012 case in which Alaska State Troopers received a tip about marijuana being …

Alvarez v. DuPage County Sheriff, IL, Settlement,EEOC, 2020

Brief • September 23, 2020

Filed under: Employment - Termination

Alvarez v. DuPage County Sheriff, IL, Settlement,EEOC, 2020 REL• ASE AND S , 'fTLEMENT A REEMENT THIS RELEASE AND SETTLEMENT AGREEMENT (hereinafter, "AGREEMENT'') is made by and between Lissette Alvarez (hereinafter, "ALVAREZ"), Terry Heady of Law Office of Terry Heady (hereinafter, "HEADY"), Alvarez's attomey, and DUPAGE COUNY SHERIFF James Mendrick …

Seventh Circuit: Rehaif Creates Defense and Invalidates Defendant’s Guilty Plea

Article • September 15, 2020 • from CLN October, 2020

Filed under: Grounds For Withdrawal

Seventh Circuit: Rehaif Creates Defense and Invalidates Defendant’s Guilty Plea by David Reutter by David M. Reutter The U.S. Court of Appeals for the Seventh Circuit held that a defendant was entitled to withdraw his guilty plea because he had a plausible defense in light of Rehaif v. United States, …

Chicago’s Police Torture Reparations

Article • September 15, 2020 • from CLN October, 2020

Filed under: Torture Victims Act, Excessive Force (Police), Mandatory Victims Restitution Act (MVRA)

Chicago’s Police Torture Reparations by Jayson Hawkins by Jayson Hawkins In 2015, the decades-long battle waged by social justice activists in Chicago culminated in the passage of a reparations bill for victims of torture at the hands of the Chicago police. Five years after this historic victory, both victims and …

News in Brief

Article • September 15, 2020 • from CLN October, 2020

Filed under: News in Brief

News in Brief by California: Marissa Cruz and Paea Tukuafu filed a civil rights lawsuit against the city of San Jose police in August 2020, claiming they were “battered and bruised” by cops and subject to unreasonable search and entry. The two were celebrating ahead of Cruz’s 22nd birthday at …

Seventh Circuit: Admissions to Pretrial Services Cannot Be Used to Prove Guilt

Article • August 15, 2020 • from CLN September, 2020

Filed under: Impeachment Evidence/Purposes, Confidential Reports, Pretrial Services Report

Seventh Circuit: Admissions to Pretrial Services Cannot Be Used to Prove Guilt by Dale Chappell by Dale Chappell In a case of first impression, the U.S. Court of Appeals for the Seventh Circuit held that an accused’s admissions during a pretrial services (“PTS”) interview for bail are confidential and cannot …

News in Brief

Article • August 15, 2020 • from CLN September, 2020

Filed under: News in Brief

News in Brief by Arizona: Mariah Valenzuela has filed legal notices against the city of Phoenix and Maricopa County over Phoenix police officer Michael McGillis’ use of force during a January 16, 2020 traffic stop, abc15.com reports. The officer, driving a white van, stopped Valenzuela for allegedly veering across the …

Seventh Circuit Holds First Step Act Applies to All Crack Offenses ‘As a Whole,’ Regardless of Crack Amounts

Article • August 15, 2020 • from CLN September, 2020

Filed under: First Step Act, Fair Sentencing Act of 2010

Seventh Circuit Holds First Step Act Applies to All Crack Offenses ‘As a Whole,’ Regardless of Crack Amounts by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held on April 28, 2020, that eligibility under the First Step Act’s retroactive application of the Fair …

News in Brief

Article • July 15, 2020 • from CLN August, 2020

Filed under: News in Brief

News in Brief by California: A series of racist and anti-Muslim posts on social media allegedly has ties to a private group of active and retired San Jose Police officers calling themselves 10-7ODSJ, a reference to the police code for “off duty,” mercurynews.com reports. In June 2020, four of them …

Seventh Circuit Reverses Denial of Motion to Suppress Because Police Lacked Reasonable Suspicion to Frisk

Article • July 15, 2020 • from CLN August, 2020

Filed under: Frisks after an initial stop, Suppression

Seventh Circuit Reverses Denial of Motion to Suppress Because Police Lacked Reasonable Suspicion to Frisk by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit reversed the decision of the U.S. District Court for the Northern District of Illinois that denied Anthony Howell’s motion to …

Devastating Consequences of Chicago Gang Database – And No Way to Be Removed

Article • July 15, 2020 • from CLN August, 2020

Filed under: Gang Affiliation, Gang Membership

Devastating Consequences of Chicago Gang Database – And No Way to Be Removed by Bill Barton by Bill Barton In 2018, the MacArthur Justice Center filed a class-action lawsuit against the city of Chicago, former Police Superintendent Eddie Johnson, and the city’s police officers, challenging the city’s gang database. The …

Watkins v. Wexford Health, IL, Judgment, Medical Neglect, 2020

Brief • June 16, 2020

Filed under: Systemic Medical Neglect, Failure to Treat

Watkins v. Wexford Health, IL, Judgment, Medical Neglect, 2020 Information Sheet for Case Number Case# 17-60 Official Case# 17-CV-60 Case Filed Watkins, Tyre ll #M48637 v. We xford Health Source, et al. Pia i ntiffs: IDOC# Defendants: Date Served Received 1/20/17 Status closed 2/9/17 Class Action On Appeal Spears Opposing …

News in Brief

Article • June 15, 2020 • from CLN July, 2020

Filed under: News in Brief

News in Brief by California: The death of David Glen Ward of Petaluma was declared a homicide by the Marin County coroner in May 2020, followed by a lawsuit from David’s mother, Ernestine Ward, alleging wrongful death, excessive force and negligent supervision by Sonoma County sheriff’s deputies. Leading up to …

Seventh Circuit: Defendant’s Statement Given to Pretrial Services Can’t Be Admitted to Impeach Witness at Trial

Article • June 15, 2020 • from CLN July, 2020

Filed under: Impeachment Evidence/Purposes

Seventh Circuit: Defendant’s Statement Given to Pretrial Services Can’t Be Admitted to Impeach Witness at Trial by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Seventh Circuit ruled that it is impermissible to admit a statement made by the defendant …

No Kickbacks Campaign - a Parole Illinois Project, 2020

Publication • 2020

Filed under: Telephone Rates

No Kickbacks Campaign - a Parole Illinois Project, 2020 INTRODUCING THE KICKBACKS CAMPAIGN A PAROLE UUU~@U~ Project ParoleIllinois.org ParoleIllinois@gmail.com Parole Illinois 601 S. California Ave., Chicago, IL 60612 IJL @ ParoleIllinois PAGE 2 NO KICKBACKS Thanks to conscientious State legislators, concerned citizens, and activists both inside and out of prison …