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Rodriguez, et al. v. Mach, et al., TX, class action complaint, driver's license suspension scheme, 2018 Case 5:18-cv-01265 Document 1 Filed 12/05/18 Page 1 of 66 THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION __________________________________________ ) GRACIELA RODGRIGUEZ, ) CHARLES STEVENS, ) KHALID SALAHUDDIN, …
California Court of Appeal Rules 17-Year Delay in SVP Trial Violated Right to Speedy Trial by Kevin Bliss by Kevin Bliss The Court of Appeal of California, Second Appellate District ruled that the State was responsible in a case where the systemic breakdown of the public defender system delayed the …
Article • November 28, 2018 • from CLN December, 2018
Arkansas Supreme Court Reverses Negligent Homicide Conviction Where Evidence Obtained Via Warrantless Blood Draw Used by Christopher Zoukis by Christopher Zoukis The Supreme Court of Arkansas ruled that an Arkansas statute that allows warrantless blood draws based on implied consent violated the Fourth Amendment when applied to a defendant in …
Article • November 6, 2018 • from CLN November, 2018
Filed under: Sixth Amendment
First Circuit Holds Sixth Amendment Speedy Trial Clock Starts Upon Original, Not Superseding, Indictment When Based on Same Act or Scheme by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the First Circuit held that a superseding indictment based on the same conduct as the original indictment …
Article • November 1, 2018 • from CLN November, 2018
Report: Right to Trial Exists in Name. In Reality, Only 3% of Cases Go to Trial by Steve Horn by Steve Horn The Sixth Amendment to the U.S. Constitution guarantees a right to trial by jury, but a new report documents that in the U.S. criminal justice system, trials have …
Article • October 31, 2018 • from CLN November, 2018
Retaliation a Risk When Video Recording Police Brutality by Kevin Bliss by Kevin Bliss With current technology, filming incidents of police brutality has become more common, yet many of those responsible for capturing events on film claim retaliation by the same police they film. Kevin Moore was filming the day …
Article • October 25, 2018
Security Expert Says FBI Has Unlocked iPhones With Fingerprints of The Deceased by Derek Gilna by Derek Gilna FBI forensics specialist Bob Moledor claims that FBI used the lifeless index finger of at least one dead suspect to unlock his iPhone to search for evidence. In 2016, Moledor said the …
Article • October 15, 2018
Eleventh Circuit: Sharing Food with Homeless Expressive Conduct Protected by First Amendment by R. Bailey By R. Bailey The Eleventh Circuit Court of Appeals made the “first pronouncement” by any federal appeals court by addressing an issue of human compassion: the outdoor sharing of food with others. The court found …
Jackson v. City of New York, et al., NY, Judgment, Excessive Force on Off-Duty Cop, 2018 Case 1:11-cv-03028-PKC-SMG Document 130 Filed 10/02/18 Page 1 of 2 PageID #: 3725 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------x LARRY JACKSON, Plaintiff, JUDGMENT 11-CV-3028 (PKC) (SMG) - against JESUS TELLADO, …
Assoc. of State Correctional Administration - Reforming Restrictive Housing - The 2018 ASCA-Liman Nationwide Survey of Time-in-Cell, 2018 Reforming Restrictive Housing: The 2018 ASCA-Liman Nationwide Survey of Time-in-Cell Reforming Restrictive Housing: The 2018 ASCA-Liman Nationwide Survey of Time-in-Cell The Association of State Correctional Administrators The Liman Center for Public Interest …
Washington Supreme Court Strikes Down Pornography Prohibition as Unconstitutionally Vague by Christopher Zoukis by Christopher Zoukis The Supreme Court of Washington held a community custody condition preventing a probationer from possessing or accessing pornography unconstitutionally vague under the First Amendment because the prohibition also extended to works of art, books, …
Article • September 24, 2018 • from CLN October, 2018
Sixth Circuit Rules Relying on Search Warrant Based on ‘Bare Bones’ Affidavit Objectively Unreasonable, Grants Motion to Suppress by David Reutter by David Reutter The U.S. Court of Appeals for the Sixth Circuit held a search warrant failed to establish a fair probability that drugs would be found at the …
Article • September 24, 2018 • from CLN October, 2018
1st Circuit: No Protective Sweep Where Identified Suspects Already in Custody at Time of Warrantless Search by David Reutter by David Reutter The United States Court of Appeals for the First Circuit reversed the armed bank-robbery conviction of Virgilio Diaz-Jimenez (“Diaz”), holding the warrantless search of Diaz’s home did not …
Article • September 24, 2018 • from CLN October, 2018
Iowa Supreme Court Announces Greater Privacy Protections Under State Constitution for Impounded Vehicles Than Provided by Fourth Amendment by Richard Resch by Richard Resch The Supreme Court of Iowa announced a stricter legal framework for warrantless inventory searches and seizures of vehicles being impounded under the Iowa Constitution than required …
Article • September 23, 2018 • from CLN October, 2018
Kentucky Supreme Court Tosses Evidence Holding Dog Sniff of Nervous Driver with Prior Drug Charges was Unreasonable by Dale Chappell by Dale Chappell The Supreme Court of Kentucky held that a drug-dog sniff based on the nervousness of the driver who had prior drug charges (but not convictions) was an …
Article • September 20, 2018 • from CLN October, 2018
The Broad Reach of Carpenter v. United States by Paul Ohm "The Broad Reach of Carpenter v. United States" by Paul Ohm was originally published June 27, 2018, on Just Security Carpenter v. United States is an inflection point in the history of the Fourth Amendment. From now on, we’ll be …
Miller v. Maddox, TN, Resolution to Settle, Police Misconduct and False Statements, 2018 Resolution No. RS2018-1394 A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Andrea Miller against Woodston Maddox in the amount of $50,000.00, and reasonable attorney’s fees, not to exceed $80,000.00, and …
Article • August 28, 2018
The power of sheriffs rooted in U.S. history by Edward Lyon by Ed Lyon Three of the most recognizable and well-known facets of U.S. society originated in England: the language, the writ of habeas corpus and the office of sheriff. The first sheriff in the colonial United States was elected …
Article • August 20, 2018 • from CLN September, 2018
U.S. Supreme Court: Drivers of Rental Cars Not on Rental Agreement Have Expectation of Privacy by Dale Chappell by Dale Chappell The U.S. Supreme Court held that a driver of a rental car who is not listed as an authorized driver on the rental agreement still had an expectation of …
Article • August 20, 2018 • from CLN September, 2018
U.S. Supreme Court’s Carpenter Decision a Warning to Police on Warrantless Data Searches by Derek Gilna by Derek Gilna The United States Supreme Court’s 2018 decision in the Carpenter case, which set aside a criminal conviction based upon warrantless extended collection of cellphone location data on Fourth Amendment grounds, came …
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