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Car Snitch Loophole: Can Police Use Bluetooth to View Personal Data Without a Warrant? by Brooke Kaufman by Brooke Kaufman An article from Reason.com claims police are able to view personal data when a cellphone is connected to car Bluetooth. Without a warrant, police are able to see not only …
Article • March 28, 2022
50 Years After Nixon’s Commission Declared Criminal Laws Were ‘Too Harsh’ on Pot Users, the Federal Ban Remains in Place by Brooke Kaufman By Brooke Kaufman March of 2022 marks 50 years since President Richard Nixon’s National Commission on Marihuana and Drug Abuse issued its report, Marihuana: A Signal of …
Article • March 26, 2022
Tased Genitals During Traffic Stop: ‘Unlawful, Potentially Criminal, and One of the Most Cruel and Troubling Cases of Police Misconduct,’ Say Police Experts by Brooke Kaufman by Brooke Kaufman Glendale, Arizona, police officer Matt Schneider is facing a civil rights lawsuit for excessive force after tasing a vehicle passenger 11 …
Article • March 24, 2022
NYC Mayor Eric Adams Asks the Public to Stop Recording Police Encounters. What Will Happen to Police Accountability? by Brooke Kaufman by Brooke Kaufman An opinion piece from The Daily Beast writer Tana Ganeva responds to a recent claim from New York City Mayor Eric Adams that “a very dangerous …
Article • March 17, 2022
North Carolina Governor Grants Clemency to 3 People Convicted as Juveniles by A March 10, 2022, press release from North Carolina Governor Roy Cooper’s office stated the governor has commuted the sentences of three people convicted of crimes as juveniles. The commutations — the first of their kind — were …
Article • March 17, 2022
Rape Victim’s DNA Was Used by Police to Arrest Her on Unrelated Charges Six Years Later by According to an article from Forensic, a woman whose DNA sample from sexual assault evidence was used to arrest her on unrelated property crime charges six years later is planning to sue the …
Article • March 15, 2022 • from CLN April, 2022
ACLU Report Suggests Disturbing Pattern of Police Surveilling Protests to Identify People Peacefully Protesting Police Brutality by It is reasonable that the California Highway Patrol (“CHP”) would use helicopters equipped with surveillance cameras to track fleeing felons—or even use them to scan crowds of protestors to detect criminal activity. But …
Article • March 15, 2022 • from CLN April, 2022
Plea Bargaining: An Illegitimate System to Administer Justice? by David Reutter by David M. Reutter A counseled plea bargain is the fastest and most economical resolution to a criminal case. The American justice system has come to tolerate and encourage plea bargains because of these attributes. Recent studies, however, find …
Article • March 15, 2022 • from CLN April, 2022
First Circuit: Appellate Counsel’s Failure to Raise Brady Claim on Direct Appeal Constituted Ineffective Assistance of Counsel Under Strickland, § 2255 Motion Granted by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the First Circuit reversed the U.S. District Court for the District of Puerto Rico’s …
Article • March 15, 2022 • from CLN April, 2022
Ending Eyewitness Memory Contamination by Matthew Clarke Memory-Expert Psychologists Recommend Stopping All In-Court Identification and Repeated Lineups by Matt Clarke The Heisenberg Uncertainty Principle is a scientific concept in quantum physics explaining that the position and velocity of a sub-atomic particle can never be truly known because the very act …
Iowa Supreme Court Reverses Conviction Where Prosecutor Allowed to Amend Trial Information at Trial to Charge a ‘Wholly New and Different Offense’ by David Reutter by David M. Reutter The Supreme Court of Iowa reversed a conviction where the trial court allowed the prosecutor to amend an information at trial …
Article • March 15, 2022 • from CLN April, 2022
Fourth Circuit: Bodily Injury Sentence Enhancement for Robbery Inapplicable Where Victim Sustained ‘Momentary’ Injury and Sought ‘Precautionary’ Medical Treatment by Jacob Barrett by Jacob Barrett TheU.S.CourtofAppeals for theFourthCircuitruledadistrictcourtcannot simply“guess”that a victim suffered a qualifying “bodily injury” in connection with a robbery to trigger the two-level, bodily injury sentence enhancement under …
Article • March 15, 2022 • from CLN April, 2022
Texas Court of Criminal Appeals: Trial Court Did Not Abuse Discretion by Granting Rule 508 Motion to Dismiss Capital Murder Charge Where State Refused to Disclose Identity of Confidential Informant by Douglas Ankney by Douglas Ankney The Court of Criminal Appeals of Texas reversed a judgment of the Court of …
Article • March 15, 2022 • from CLN April, 2022
Filed under: Mental Health Experts
Vermont Supreme Court Announces Rule 12.1 Doesn’t Require Notice of Diminished Capacity Defense When Expert Testimony Won’t Be Used by Matthew Clarke by Matt Clarke The Supreme Court of Vermont held that a trial court erred when it prohibited a defendant from raising the defense of diminished capacity, without relying …
Article • March 15, 2022 • from CLN April, 2022
California Court of Appeal: Hearing on Discretionary Resentencing Under §1170.91(b)(1) for U.S. Servicemembers Requires Only That Petition Allege Defendant ‘May’ Be Suffering From a ‘Qualifying Condition’ by Douglas Ankney by Douglas Ankney The Court of Appeal, Fourth Appellate District, ruled that the defendant satisfied the statutory criteria of Cal. Penal …
Article • March 15, 2022 • from CLN April, 2022
Fifth Circuit: Aggravated Assault in Texas Does Not Qualify as Aggravated Felony Under 8 U.S.C. § 1326(b)(2), Reentry With Prior Aggravated Felony by Jacob Barrett by Jacob Barrett OnremandfromtheU.S. SupremeCourt, the Court of Appeals for the Fifth Circuit held in light of Borden v.United States,141 S. Ct. 1817 (2021), Alan …
Article • March 15, 2022 • from CLN April, 2022
Massachusetts Supreme Court: Prosecution Failed to Prove Defendant Knowingly, Voluntarily, and Intelligently Waived Right to Counsel After Having Asked for Lawyer Earlier But Officer Continued to Engage in ‘General’ Talk for Nearly 45 Minutes by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court of the Commonwealth of Massachusetts …
Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’ by David Reutter by David M. Reutter In a precedential ruling, the U.S. Court of Appeals for the Third Circuit held that Hobbs Act robbery does not qualify as …
Article • March 15, 2022 • from CLN April, 2022
Filed under: Wrongful Conviction
A ‘Lucky’ Exoneration in Syracuse by Jayson Hawkins by Jayson Hawkins Before Alice Sebold wrote her New York Times Bestseller, The Lovely Bones, she published a haunting memoir recounting her rape in 1981 when she was a freshman at Syracuse University. The book, Lucky, details not only the experience but …
Article • March 15, 2022 • from CLN April, 2022
Filed under: junk science
Maryland Prosecutor Covers for FBI Agent’s Lies in Defense of Junk Science by Jayson Hawkins by Jayson Hawkins Despite the constant glamorization of forensic evidence analysis that has become so common on TV shows, regular readers of CLN should be well aware that what passes for “science” in many actual …
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