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Article • January 17, 2019 • from CLN February, 2019
Pennsylvania Supreme Court Holds Defendant Unambiguously Invoked Right to Remain Silent Suppresses Confession and Derivative Physical Evidence and Announces New Rule by Chad Marks by Chad Marks The Supreme Court of Pennsylvania ruled that a police officer’s continued interrogation after the accused told the interrogator he was done talking violated …
Jackson v. City of New York, et al., NY, Letter, Excessive Force on Off-Duty Cop, 2019 Case 1:11-cv-03028-PKC-SMG Document 139 Filed 01/02/19 Page 1 of 2 PageID #: 3743 THE CITY OF NEW YORK LAW DEPARTMENT ZACHARY W. CARTER Corporation Counsel BRIAN FRANCOLLA Senior Counsel Phone: (212) 356-3527 Fax: (212) …
Publication • January 1, 2019
Privatizing Criminal Procedure, Washington and Lee Public Legal Studies, 2019 Washington & Lee Public Legal Studies Research Paper Series Accepted Paper No. 2018 - 07 April 2, 2018 107 Georgetown Law Journal ___ (forthcoming 2019) Privatizing Criminal Procedure John D. King Clinical Professor of Law, Director of Experiential Education, and …
Article • December 29, 2018 • from CLN January, 2019
Kansas Supreme Court Rules Fourth Amendment Violation Where Purported Inventory Search Was Performed in Absence of Standard Policy by Richard Resch by Richard Resch The Supreme Court of Kansas held the warrantless search of defendant’s purse and wallet following a traffic accident violated her Fourth Amendment rights because the search …
South Carolina Supreme Court Rules Mandatory Electronic Monitoring of Sex Offenders Must Be ‘Reasonableness’ Under Fourth Amendment by Dale Chappell by Dale Chappell The Supreme Court of South Carolina held that a state law requiring mandatory electronic monitoring of sex offenders must meet the “reasonableness” standard under the U.S. and …
Article • December 21, 2018 • from CLN January, 2019
Tenth Circuit Rules Police Seizure of Home Where No Evidence of Criminal Activity Apparent Violates Fourth Amendment Requiring Suppression of Incriminating Evidence by Richard Resch by Richard Resch The U.S. Court of Appeals for the Tenth Circuit ruled that police violated the Fourth Amendment by unreasonably seizing the home of …
Article • December 21, 2018 • from CLN January, 2019
Nevada Court of Appeals Rules Police May Not Conduct Warrantless Search Based on Third-Party Consent Where No Effort Made to Determine Whether Person Has Authority to Do So by Richard Resch by Richard Resch The Nevada Court of Appeals ruled that law enforcement officers cannot conduct a warrantless search of …
Article • December 5, 2018 • from CLN December, 2018
Second Circuit Announces Prisoners Have First Amendment Right Not to Snitch or Provide False Information to Prison Officials by Richard Resch by Richard Resch In its opinion issued on May 9, 2018, the U.S. Circuit Court of Appeals for the Second Circuit held that a prisoner has a First Amendment right …
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, …
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