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Article • April 15, 2025 • from CLN May, 2025
Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals by David Reutter by David M. Reutter The Court of Criminal Appeals of Texas held that a deferred disposition or adjudication is …
AI Identifies Sex From Skulls Faster and More Accurately Than Experts by James Mills by James Mills Artificial intelligence has exceeded human capabilities in yet another area. AI has surpassed human forensic experts in determining biological sex from skeletal remains. Forensic anthropologists traditionally analyze human skeletons to estimate age, lifestyle, …
Article • April 15, 2025 • from CLN May, 2025
Connecticut Compensates Exonerated Prisoners, Reforms Policing by Jo Ellen Nott by Jo Ellen Nott Connecticut is confronting its history of wrongful convictions by compensating victims and reforming police procedures. The state has moved to award $37.6 million to eight wrongfully convicted men who collectively spent 151 years behind bars. The …
Article • April 15, 2025 • from CLN May, 2025
Welcome to 2025: Where Your Freedoms Go to Die by Nisha Whitehead, John W. Whitehead “There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.” —Montesquieu, Enlightenment philosopher Wondering what to expect from the government in 2025? So …
Treasury Lowers Cash Reporting Threshold to $200 for Southwest Border Counties by James Mills by James Mills The United States Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) has announced a new rule that lowers the currency transaction report (“CTR”) limit to $200 for certain counties along the Southwest …
Fourth Circuit: District Court Erred in Imposing ‘Managerial Role’ Enhancement Under Guidelines § 3B1.1(b) Without Making ‘Particularized Findings’ Regarding Scope of Criminal Activity and Number of Participants as Required by Guidelines §1B1.1 by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the Fourth Circuit held that …
Article • April 15, 2025 • from CLN May, 2025
D.C. Police Continue Heavy Investment in Social Media Monitoring by Anthony Accurso by Anthony W. Accurso The Metropolitan Police Department (“MPD”) in Washington, D.C., has spent hundreds of thousands of dollars to monitor social media activity, targeting protesters and others not suspected of crimes, according to public records obtained through …
Article • April 15, 2025 • from CLN May, 2025
Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies by Sagi Schwartzberg by Sagi Schwartzberg The United States Court of Appeals for the Ninth Circuit ruled that Eugene Allen Doerr satisfied the criteria set forth in Rhines v. Weber, 544 U.S. 269 …
Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises by David Reutter by David M. Reutter The United States Court of Appeals for the Fifth Circuit held that the U.S. District Court …
Warrantless Device Inspections Surge at the U.S. Border by David Kim by David Kim Travelers entering the United States are facing intensifying scrutiny—not just of their luggage but of their smartphones, laptops, and other digital devices—as border agents increasingly conduct warrantless searches, sometimes copying personal data for further analysis. Civil …
Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of Arkansas, in two companion cases, held that there was no designation in Appellant’s sentencing order to § 16-93-609 of the Arkansas Code Annotated …
Questionable Retail Theft Panic Fuels More Mass Surveillance and Police Militarization by Jo Ellen Nott by Jo Ellen Nott The shoplifting crisis dominating recent news may be exaggerated, but it has delivered major wins for police departments nationwide. An investigation by The Appeal on March 27, 2025, reveals that fears …
Article • April 15, 2025 • from CLN May, 2025
The FBI’s Encrypted Phone Sting by Michael Thompson by Michael Dean Thompson A San Diego-based company called ANOM, often stylized as “ANØM,” distributed encrypted phones worldwide. These devices were stripped down, hardened against intrusion, and designed to allow messaging only between phones on the same closed network. Unbeknownst to users, …
A Black Box, a Guilty Plea, and an Uncertain Truth by Michael Thompson by Michael Dean Thompson In forensic technology, the term “black box” has gained prominence. It describes a system whose inner workings remain opaque—an output emerges, but how it is produced eludes the user. Such black-box algorithms underpin …
Ninth Circuit Announces Attorney Cannot Be Compelled to Provide ‘Privilege Log’ Protected Under Fisher if Doing So Would Undermine Client’s Fifth Amendment ‘Act-of-Production Privilege’ and Attorney-Client Privilege by Sagi Schwartzberg by Sagi Schwartzberg The U.S. Court of Appeals for the Ninth Circuit held that an attorney cannot be compelled to …
Federal Government Circumventing Fourth Amendment by Buying Data From Data Brokers by Anthony Accurso by Anthony W. Accurso Federal law enforcement agencies have been paying private companies for the information they collect on users—information for which agents would need a warrant to collect themselves. The U.S. Supreme Court ruled in …
Article • April 15, 2025 • from CLN May, 2025
NYPD Responds to 911 Calls with Drones by James Mills by James Mills The NYPD now has Drone First Responders (“DFRs”) and has begun deploying them in response to 911 calls. On Nov. 13, 2024, the Mayor’s office announced the new program: 10 drones, deployed across three boroughs—Brooklyn, the Bronx, …
Article • April 15, 2025 • from CLN May, 2025
Filed under: Death Penalty
Younger Generations Lead Decline in U.S. Support for Death Penalty by Michael Thompson by Michael Dean Thompson Support for the death penalty among Americans has fallen to 53%, its lowest level since 1972, driven primarily by younger generations who are far less likely to favor capital punishment for convicted murderers, …
Brief • April 9, 2025
Estate of Jackson Maes v. Board of County Commissioners of the County of Saguache, CO, Verdict Form, Wrongful Death, 2025 Case No. 1:21-cv-00628-NYW-NRN Document 329 pg 1 of 4 filed 04/09/25 USDC Colorado IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 21-cv-00628-NYW-NRN SARAH LIEBERENZ, …
Brief • April 4, 2025
Filed under: Failure to Treat
Estate of Jacob Mitchell v. Pend Orielle County, WA, Complaint, Failure to Provide Medical Care, 2025 Case 2:25-cv-00108 1 2 3 4 5 6 ECF No. 1 filed 04/04/25 PageID.1 Page 1 of 19 Tim Ford, WSBA #5986 Braden Pence, WSBA #43495 Lauren I. Freidenberg-McBride WSBA #29186 MacDonald Hoague & …
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