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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 …
Tenth Circuit: Where Defendant Actually Sentenced to Drug Treatment and Probation Rather Than 28-32 Months in Prison as Per State Sentencing Guidelines, Conviction Can’t Serve as Predicate ‘Felony’ for 18 U.S.C. § 922(g)(1) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held that …
Article • March 14, 2022
Filed under: Property, Firearms
U.S. Police Have a Surplus of Tactical Gear. They’re Donating It to Ukraine. by Law enforcement agencies across several states will be donating dozens of pieces of body armor, such as ballistic helmets and vests, to Ukrainian citizens and military units. Ukraine, which was invaded by Russia on February 24, …
Article • March 12, 2022
What to do if a cop tries to scan your face during a traffic stop by Brooke Kaufman by Brooke Kaufman In recent years, law enforcement’s use of facial recognition technology during investigations has steadily increased. This rise can largely be attributed to the “booming” surveillance industry, which draws from …
Article • March 12, 2022
Head of State Police Admits Agency Broke the Law Sanitizing Top Leaders’ Cell Phones by Brooke Kaufman by Brooke Kaufman Baton Rouge, LA — In an interview with the WBRZ Investigative Unit Feb. 18, State Police Colonel Lamar Davis admitted his agency erased the cell phones of top leaders during …
FBI hiding an unpublished police use-of-force database from FOIA requesters by Brooke Kaufman by Brooke Kaufman  For years, the FBI has been collecting information from police departments on their use of force. “Lackluster participation” from law enforcement, however, has prevented the agency from publishing public reports or statistics based on …
Article • March 7, 2022
App designed to Lower Incarceration Rate and Save Taxpayer Money, Too by Brooke Kaufman by Brooke Kaufman According to a recent article from Fox KTVU, Contra Costa County, California, has contracted with Uptrust, a private technology company, to put an end to the practice of jailing defendants who fail to …
They Told Her She Could Register to Vote. Why Should She Be in Prison for Their Error? by Brooke Kaufman by Brooke Kaufman  A USA Today Opinion article from Georgina Yeomans and Kevin Jason, who serve as assistant counsel at the NAACP Legal Defense and Educational Fund Inc., questions the …
Article • March 2, 2022
Filed under: Forfeiture
‘Sentence First; Verdict Afterwards’: Civil Asset Forfeiture Ruins Lives on Basis of Allegations by Jo Ellen Nott by Jo Ellen Nott  The FBI seized almost one million dollars from Carl Nelson and Amy Sterner Nelson in May of 2020 after having shown up the month before to their home in …
Article • February 21, 2022
Rogue Alabama Police Department That Preyed on Motorists Condemned Even by Fellow Cops for Extorting Motorists by Jo Ellen Nott by Jo Ellen Nott In nightmarish tale from Alabama, a small town’s police department lead by a new police chief hell bent on padding his department’s revenue near the state’s …
Article • February 21, 2022
54 California Highway Patrol Officers Busted in Overtime-Fraud Scheme by California Attorney General Rob Bonta announced charges against 54 current and former Highway Patrol officers for overtime fraud. The charged officers are accused of claiming phony overtime hours while patrolling high-occupancy traffic lanes or on assignment protecting workers in construction …
Article • February 20, 2022
Why Does Florida Maintain a Sex-Offender Registry That’s Only 38.5% Accurate? by Jo Ellen Nott by Jo Ellen Nott  Just when you think you had heard it all regarding Florida’s propensity to questionable money making, yet another case comes along that cloaks itself in moral respectability but has an element …
Article • February 17, 2022
Killer Cops in Florida Have Their Identity Shielded by Invoking Law Intended to Protect Victims by Jo Ellen Nott by Jo Ellen Nott  The officer who shot a teenager in the back of the neck leaving him paralyzed is having his identity protected by the Miami-Dade Police Department in an …
Article • February 15, 2022 • from CLN March, 2022
Filed under: AEDPA
Fourth Circuit: State’s Failure to Plead Procedural Default Results in De Novo Review on Merits; Prosecutor’s Comments to Jury to Send ‘Societal Message’ Denied Defendant Fair Trial, Habeas Relief Warranted by Dale Chappell by Dale Chappell THE U.S. COURT OF APPEALS FOR THE Fourth Circuit held that a prosecutor’s comments …
Acquitted Conduct Sentencing by Douglas Ankney How Judges Enhance Sentences by Supplanting ‘Not Guilty’ Verdicts with Private Findings that Defendants ‘Probably Committed’ Acquitted Offenses by Douglas Ankney Gregory Bell was indicted on 13 charges. He exercised his right to a jury trial. The jury acquitted Bell of 10 charges and …
Article • February 15, 2022 • from CLN March, 2022
Mental Illness and False Confessions: A Wakeup Call to Investigators by Joseph Buckley by Joseph P. Buckley, The Crime Report In the 1967 edition of their book, Criminal Interrogation and Confessions, John Reid and Fred Inbau expressed concern about the possibility of false confessions from individuals with a “mental illness.” …
Georgia Supreme Court Declares ‘Relevance’ Not Legal Standard for Suppression Determination Where Items Seized Outside Scope of Warrant, Clarifies Plain View Doctrine Proper Standard, and Overrules McBee, Walsh Line of Cases by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia overruled the Court of Appeals’ line of …
Article • February 15, 2022 • from CLN March, 2022
SCOTUS Announces Pursuit of a Misdemeanant Does Not Categorically Constitute an Exigent Circumstance Authorizing a Warrantless Home Entry by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that there is no categorical rule allowing a warrantless entry into a home when police are pursuing …
Article • February 15, 2022 • from CLN March, 2022
Nevada Supreme Court: Prisoner’s Claim He Is Now Actually Innocent of Death Penalty Sufficient to Overcome Proce-dural Bars to Habeas Relief by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada held that Samuel Howard’s claim that he is now actually innocent of the death penalty was sufficient to …
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