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Article • March 15, 2022 • from CLN April, 2022
California Court of Appeal Announces Suffering From a Nonqualifying Mental Disorder While Also Suffering From a Qualifying Disorder Does Not Bar Eligibility for Mental Health Diversion Under § 1001.36 by Anthony Accurso by Anthony W. Accurso The Court of Appeal of California, Fifth Appellate District, vacated a trial court’s decision …
Article • March 15, 2022 • from CLN April, 2022
Google Confirms Increasing Police Reliance on Geofence Warrants by Anthony Accurso by Anthony W. Accurso Since a New York Times articlein 2019 broke the news that Google’s Sensorvault database stores location information from hundreds of millions of devices worldwide, we have also learned that law enforcement have been increasingly reliant …
Article • March 15, 2022 • from CLN April, 2022
Pandemic Pressures Defendants into False Guilty Pleas by David Reutter by David M. Reutter The majority of people held in jails throughout the U.S. have not been convicted of a crime. They are more inclined to accept plea offers to secure immediate release from incarceration. A recent study found that …
Article • March 15, 2022 • from CLN April, 2022
Search Your Constitution in Vain for the Fourth Amendment—the DOJ Seized It (Stealthily) by Douglas Ankney by Douglas Ankney Over the past couple of decades, the Department of Justice (“DOJ”) and its components have been requesting and receiving data from electronic media service providers, utilizing warrants, subpoenas, and National Security …
Article • March 15, 2022 • from CLN April, 2022
NYPD Using Secret Money for Surveillance Tech by Anthony Accurso by Anthony W. Accurso A public-records request uncovered details about the New York Police Department’s use of a secret fund the agency has been using to purchase surveillance tech. Two civil rights groups, the Legal Aid Society and the Surveillance …
Article • March 15, 2022 • from CLN April, 2022
Dangers of Data Gathering by Los Angeles Police Department by Edward Lyon by Ed Lyon For decades, officers with California’s Los Angeles Police Department (“LAPD”) have utilized Field Information Cards (“FIC”) for reference whenever they interact with citizens. This contact may take the form of a traffic stop whether or …
Article • March 15, 2022 • from CLN April, 2022
Geofencing Warrants Are Putting Civil Rights and Free Speech in Jeopardy by Dale Chappell by Dale Chappell Hundreds of protestors marched in Kenosha, Wisconsin, after the police shooting of Jacob Blake in August 2020. Little did these protestors know that the Bureau of Alcohol, Tobacco and Firearms issued at least …
Oregon Bans Police Lying to Obtain Confessions from Juveniles by Jacob Barrett by Jacob Barrett On May 24, 2021 the Oregon Legis­lature passed SB 418 banning police from lying to juveniles in order to obtain a confession during interrogations. The bill is part of a number of youth reform measures …
Article • March 15, 2022 • from CLN April, 2022
Ninth Circuit Announces Irizarry Didn’t Eliminate Wise Requirement That Sentencing Court Provide Notice of Special Conditions of Supervised Release Prior to Imposing Sentence by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Ninth Circuit held that the U.S. District Court for the Southern District of California …
Article • March 15, 2022 • from CLN April, 2022
‘Possible Cause’ Is All That’s Needed for Geofence Warrants by Douglas Ankney by Douglas Ankney Thousands of protesters stormed the streets of Kenosha, Wisconsin, in response to yet another killing of a Black man. At the Kenosha Public Library, lighter fluid and rags were found in a window well. There …
Article • March 15, 2022 • from CLN April, 2022
Filed under: Sexual Assault
Police Disparage Philadelphia Citizenry with False Report That SEPTA Riders Stood Idle While Passenger was Raped by Douglas Ankney by Douglas Ankney During a late-night SEPTA train ride on the Market-Frankford line in October 2021, a woman was raped. In an apparent rush to disparage Philadelphia’s citizenry, Upper Darby police …
Article • March 15, 2022 • from CLN April, 2022
A Guide to Getting the Most Out of a Plea Bargain by Jacob Barrett by Jacob Barrett Highly experienced lawyers and new lawyers alike can improve their negotiation skills (just as they improve their trial skills). But without legal training, what can you do? Lawyers often use checklists as part …
Article • March 15, 2022 • from CLN April, 2022
Filed under: News in Brief
News in Brief by Alabama: Techdirt reports that police in Brookside have routinely violated the law in traffic enforcement. By early February 2022, it was clear that the local police department in the small town had been racking up staggering amounts of income in traffic fines, receiving more than $600,000 …
Second Circuit: District Court Required to Explain Rationale for Reducing Sentence to ‘Time Served’ Under First Step Act but Refused to Reduce Supervised Release Portion of Sentence Despite Being Longer Than New Mandatory Minimum by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit vacated …
Article • March 15, 2022 • from CLN April, 2022
Filed under: Wrongful Conviction
What You Need to Know Before Contacting a Conviction Integrity Unit by Marissa Boyers Bluestine, Kia Hall Hayes by Marissa Boyers Bluestine and Kia Hall Hayes Over the past several years, more and more prosecutors have created conviction integrity units (“CIUs”), or conviction review units (“CRUs”), in their offices. While …
Article • March 15, 2022 • from CLN April, 2022
Man Rejects Plea Deal and Is Sentenced to 110 Years in Colorado Prison for Doing So by Ashleigh Dye by Ashleigh Dye A Colorado man who was driving a truck when his brakes failed resulting in an accident that killed four people in 2019 was sentenced on December 13, 2021, …
Article • March 15, 2022 • from CLN April, 2022
Study Examines the ‘Black Box’ of Prosecutorial Charging and Plea Bargaining Discretion by David Reutter by David M. Reutter Prosecutors are empowered with unparalleled and nearly unchecked discretion in making charging and plea-bargaining decisions. Their decisions have been called a “black box” for their inscrutability. A recent study casts some …
Article • March 15, 2022 • from CLN April, 2022
Iowa Supreme Court Clarifies When Forensic Interviews of Child Complaining Witnesses Are Admissible by Douglas Ankney by Douglas Ankney The Supreme Court of Iowa clarified when forensic interviews of child complaining witnesses may be admitted into evidence at trial. Jake Skahill was tried on sexual offenses alleged to have been …
Article • March 15, 2022 • from CLN April, 2022
Systematic Lying in Plea Bargaining Is a Feature, Not a Flaw by David Reutter by David M. Reutter Systematic “lying at plea bargaining allows defendants the opportunity to negotiate fair resolutions to their cases in the face of a deeply unfair system, even as that lying makes way for—and sustains—the …
Article • March 15, 2022 • from CLN April, 2022
Sixth Circuit: Government Violated Plea Agreement by Arguing for Sentence Exceeding Guidelines Range, Despite Promise Not to ‘Suggest in Any Way’ Variance Is Appropriate by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit held the Government violated a plea agreement by arguing for …
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