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SCOTUS: Rehaif Error Doesn’t Automatically Require Reversal of Conviction, Plain-Error Test Must Be Satisfied for Re-lief
Article • February 15, 2022 • from CLN March, 2022
Filed under: Felon in Possession Statute, Firearms, Plain/Harmless Error
SCOTUS: Rehaif Error Doesn’t Automatically Require Reversal of Conviction, Plain-Error Test Must Be Satisfied for Re-lief by Dale Chappell by Dale Chappell   The Supreme Court of the United States (“SCOTUS”) held that for felon-in-possession cases, a Rehaif error does not establish a basis for plain-error relief unless the defendant …
Oregon Supreme Court Announces Abandonment of Per Se Exigency Rule in Automobile Exception and Holds Warrantless Seizure or Search Must Be Based on Actual Exigent Circumstances
Article • February 15, 2022 • from CLN March, 2022
Filed under: Exigent Circumstances, Warrantless Searches, Searches - Automobile
Oregon Supreme Court Announces Abandonment of Per Se Exigency Rule in Automobile Exception and Holds Warrantless Seizure or Search Must Be Based on Actual Exigent Circumstances by Jacob Barrett by Jacob Barrett  The Supreme Court of Oregon affirmed a circuit court order suppressing evidence discovered in a warrantless search conducted …
Vermont Supreme Court Announces Proper Legal Standard for Warrantless Search of Home’s Curtilage
Article • February 15, 2022 • from CLN March, 2022
Filed under: Automobile Exception, Reasonably Foreseeable Standard
Vermont Supreme Court Announces Proper Legal Standard for Warrantless Search of Home’s Curtilage by Anthony Accurso by Anthony W. Accurso  The Vermont Supreme Court held that it is an unconstitutional search where an officer actively searches for evidence of a crime on a home’s curtilage while present for purpose unrelated …
Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis
Article • February 15, 2022 • from CLN March, 2022
Filed under: Drug Quantity, Simple Possession/Personal Use versus Distribution, Relevant Conduct
Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis by Douglas Ankney by Douglas Ankney  In a case of first impression, the U.S. Court of Appeals for the Tenth Circuit adopted the burden-shifting …
Massachusetts Supreme Judicial Court Announces Bodycam Video Subsequently Reviewed in Unrelated Investigation Constitutes Unconstitutional Warrantless Search
Article • February 15, 2022 • from CLN March, 2022
Filed under: Videotaping, Warrantless Searches
Massachusetts Supreme Judicial Court Announces Bodycam Video Subsequently Reviewed in Unrelated Investigation Constitutes Unconstitutional Warrantless Search by Anthony Accurso by Anthony W. Accurso  In a case of first impression on two issues, the Supreme Judicial Court of Massachusetts (“SJC”) held that (1) an officer wearing a bodycam inside a suspect’s …
Eighth Circuit: Inadmissible Hearsay Improperly Used to Revoke Supervised Release
Article • February 15, 2022 • from CLN March, 2022
Filed under: Hearsay Evidence, Revocation Proceedings
Eighth Circuit: Inadmissible Hearsay Improperly Used to Revoke Supervised Release by Matthew Clarke by Matt Clarke  The U.S. Court of Appeals for the Eighth Circuit held that the U.S. District Court for the Western District of Missouri erroneously relied on inadmissible hearsay to revoke a federal defendant’s supervised release. The …
Mental Health Response Teams Proved Effective in New York City
Article • February 15, 2022 • from CLN March, 2022
Filed under: Alternative Sentencing, Mental Health
Mental Health Response Teams Proved Effective in New York City by Casey Bastian by Casey J. Bastian  No one should fear picking up the phone and asking for help. This is the premise of Behavioral Health Emergency Assistance Response Division (known as “B-HEARD”), a recently launched mental health program in …
‘Planning for Losing’: A Lesson on Justice Reform from Afghanistan
Article • February 15, 2022 • from CLN March, 2022
Filed under: International, Criminal Justice
‘Planning for Losing’: A Lesson on Justice Reform from Afghanistan by Marc Levin by Marc Levin, The Crime Report   The U.S. withdrawal from Afghanistan put a harsh spotlight on the dangerous uncertainties that linger in the aftermath of a defeat. Similarly, a defendant who elects to go to trial often …
Texas Court of Criminal Appeals: Defendant Satisfied Requirements of Confession and Avoidance, ‘Unintentional Self-Defense’ Jury Instruction Allowed Against Charge of Intentional Offense
Article • February 15, 2022 • from CLN March, 2022
Filed under: Jury Instructions, Confessions and Statements of Defendant
Texas Court of Criminal Appeals: Defendant Satisfied Requirements of Confession and Avoidance, ‘Unintentional Self-Defense’ Jury Instruction Allowed Against Charge of Intentional Offense by Douglas Ankney by Douglas Ankney The Texas Court of Criminal Appeals (“TCCA”) held that Marvin Rodriguez satisfied the requirements of confession and avoidance. The TCCA also instructed …
Michigan Supreme Court Announces 2011 SORA May Not Be Retroactively Applied to Registrants Whose Offenses Predated Its Enactment Because Doing So Violates Prohibition on Ex Post Facto Laws
Article • February 15, 2022 • from CLN March, 2022
Filed under: Retroactivity, Sex Offender Registration and Notification Act
Michigan Supreme Court Announces 2011 SORA May Not Be Retroactively Applied to Registrants Whose Offenses Predated Its Enactment Because Doing So Violates Prohibition on Ex Post Facto Laws by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that application of the state’s Sex Offenders Registration Act, MCL …
California Now Able to Decertify Bad Cops
Article • February 15, 2022 • from CLN March, 2022
Filed under: Police Misconduct
California Now Able to Decertify Bad Cops by Edward Lyon by Ed Lyon Until recently, California was one of only four states in the union that had no mechanism to decertify bad cops. Whenever a cop was fired for misconduct there always seemed to be another police department ready and …
Pennsylvania Supreme Court Announces New Framework for Enforcing Right to Effective Counsel in Post-Conviction Relief Act Proceeding
Article • February 15, 2022 • from CLN March, 2022
Filed under: Counsel - Effective Assistance of
Pennsylvania Supreme Court Announces New Framework for Enforcing Right to Effective Counsel in Post-Conviction Relief Act Proceeding by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania announced a new framework for enforcing the right to effective counsel in a 42 Pa.C.S. §§ 9541-9546, Post-Conviction Relief Act (“PCRA”), proceeding. …
Texas Court of Criminal Appeals: Although Subsequent Indictment Recites Same Language as Original Indictment, SOL Isn’t Tolled Where Subsequent Indictment Fails to Charge Same Conduct, Act, or Transac...
Article • February 15, 2022 • from CLN March, 2022
Filed under: Tolling of Statutes of Limitations and Laches
Texas Court of Criminal Appeals: Although Subsequent Indictment Recites Same Language as Original Indictment, SOL Isn’t Tolled Where Subsequent Indictment Fails to Charge Same Conduct, Act, or Transaction by Douglas Ankney by Douglas Ankney The Texas Court of Criminal Appeals (“TCCA”) held that, although a subsequent indictment recited the same …
Texas Court of Criminal Appeals: Trial Court Abused Discretion by Refusing to Allow Withdrawal of Jury-Trial Waiver for Defendant Who Ultimately Rejected Plea Deal
Article • February 15, 2022 • from CLN March, 2022
Filed under: Jury Trial, Rejection
Texas Court of Criminal Appeals: Trial Court Abused Discretion by Refusing to Allow Withdrawal of Jury-Trial Waiver for Defendant Who Ultimately Rejected Plea Deal by David Reutter by David M. Reutter The Court of Criminal Appeals of Texas held that a trial court abused its discretion in denying a defendant’s …
Idaho Supreme Court Rejects ‘Instinctive Entry Rule’ as Not Implicating Fourth Amendment Where Drug-Sniffing Dog Breaches Interior of Vehicle During Exterior Search and Suppresses Evidence
Article • February 15, 2022 • from CLN March, 2022
Filed under: Drug-Sniffing Dog, Warrantless Searches, Fourth Amendment
Idaho Supreme Court Rejects ‘Instinctive Entry Rule’ as Not Implicating Fourth Amendment Where Drug-Sniffing Dog Breaches Interior of Vehicle During Exterior Search and Suppresses Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho rejected the “instinctive entry rule” as an exception to the warrant requirement where a …
Connecticut Supreme Court Overrules Aquino, Holding Appeal Not Moot Where Defendant Deported During Pendency but Unclear Whether Appealed Conviction Sole Basis for Deportation
Article • February 15, 2022 • from CLN March, 2022
Filed under: Mootness, Appeals/Appellate Jurisdiction, Deportation/Removal/Exclusion
Connecticut Supreme Court Overrules Aquino, Holding Appeal Not Moot Where Defendant Deported During Pendency but Unclear Whether Appealed Conviction Sole Basis for Deportation by Douglas Ankney Holds Model Jury Instruction 2.6-14 Failed to Correctly Inform Jury on Investigative Inadequacy by Douglas Ankney The Supreme Court of Connecticut held that Model …
Facial Recognition Run-Down
Article • February 15, 2022 • from CLN March, 2022
Filed under: Police State-Surveillance
Facial Recognition Run-Down by Anthony Accurso by Anthony W. Accurso  Facial recognition is a technology that is rapidly evolving, aided by transformative gains in artificial intelligence and camera resolution, as well as the proliferation of ubiquitous surveillance systems—by both government and corporate actors—which provide the volume of data necessary to …
Rutgers University Pioneers New Jersey Innocence Project
Article • February 15, 2022 • from CLN March, 2022
Filed under: Actual Innocence/Claim of Innocence
Rutgers University Pioneers New Jersey Innocence Project by Casey Bastian by Casey J. Bastian  Rutgers University-Camden is the new base of operations for the New Jersey Innocence Project (“NJIP”). Jill Friedman is the associate dean for pro bono and public interest at Rutgers Law School in Camden, as well as …
Massachusetts Remains a Civil Forfeiture Outlier
Article • February 15, 2022 • from CLN March, 2022
Filed under: Government Misconduct, Forfeiture
Massachusetts Remains a Civil Forfeiture Outlier by Jayson Hawkins by Jayson Hawkins  The five-plus decade battlefield of America’s war on drugs and crime is littered with dishonesty, abuse, and failure, which goes far to explain why 50 years of social war has achieved nothing beyond the growth of a massive …
Sixth Circuit: Michigan’s Ordinarily ‘Adequate’ Contemporaneous-Objection Rule, in Unique Circumstances, May Not Procedurally Bar Federal Habeas Review
Article • February 15, 2022 • from CLN March, 2022
Filed under: Habeas Corpus, Objections
Sixth Circuit: Michigan’s Ordinarily ‘Adequate’ Contemporaneous-Objection Rule, in Unique Circumstances, May Not Procedurally Bar Federal Habeas Review by Dale Chappell by Dale Chappell  The U.S. Court of Appeals for the Sixth Circuit held that Michigan’s contemporaneous-objection rule, requiring an objection to an error in the trial court even if the …
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