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Article • January 15, 2022 • from CLN February, 2022
Sixth Circuit Vacates Sentence for Impermissible Triple-Counting of Guidelines Enhancements for Ungrouped Offenses by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held that enhancements under the U.S. Sentencing Guidelines (“USSG”) that were applied to all three counts of conviction that were ungrouped were …
Article • January 15, 2022 • from CLN February, 2022
New Jersey Directive Provides Relief for Certain Drug Offenders by Casey Bastian by Casey J. Bastian In February 2018, New Jersey Governor Phil Murphy convoked the Criminal Sentencing and Disposition Committee (“CSDC”) to analyze the state’s sentencing laws. The CSDC was tasked with providing specific recommendations “to ensure a stronger, …
California Court of Appeal: Trial Court Required to Provide Notice and Consider Information Provided by Parties Before Ruling on CDCR Recommendation to Recall Sentence Pursuant to § 1170(d)(1) by Douglas Ankney by Douglas Ankney The California Court of Appeal, Second District, held that a trial court is bound to provide …
Article • January 15, 2022 • from CLN February, 2022
Seventh Circuit Announces Standard of Review for Bond Revocation of Defendant on Pretrial Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit clarified the standard of review for revocation of bond when the arrestee is alleged to have violated conditions of release. Lashawn …
Article • January 15, 2022 • from CLN February, 2022
Filed under: Restitution
Sixth Circuit Announces District Court Has Power to Waive Interest on Restitution Post-Sentencing, Resulting in Circuit Split by Dale Chappell by Dale Chappell Acknowledging a circuit split on the issue, the U.S. Court of Appeals for the Sixth Circuit held that district courts have the authority to waive interest on …
Article • January 15, 2022 • from CLN February, 2022
Kansas Supreme Court: Counsel Ineffective for Failing to Request ‘Voluntary Act’ Jury Instruction in Trial for Rape of Child Younger Than 14 Where Defendant Argued She Was Forcibly Raped by Purported ‘Victim’ by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that Brooke Dinkel’s trial counsel, Roger …
Article • January 15, 2022 • from CLN February, 2022
Third Circuit Rules Pennsylvania Courts’ Application of Federal Law Objectively Unreasonable, Overturns Conviction and Death Sentence, Grants Habeas Relief by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Third Circuit affirmed the grant of habeas corpus relief to a death-sentenced defendant based on the fact the …
Article • January 15, 2022 • from CLN February, 2022
Filed under: DUI, Warrantless Searches
Idaho Supreme Court Declares Clarke Merely Memorialized Constitutional Principle That Warrantless Arrest for Misdemeanor Completed Outside Officer’s Presence Violates State Constitution and Applies to Cases Prior to Clarke by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho vacated Patricia Ann Amstutz’s conviction for misdemeanor driving under the influence …
Article • January 15, 2022 • from CLN February, 2022
Snitch Visas: A Pipe Dream by David Reutter by David M. Reutter When Nervin Coronado was charged in 2009 with participating in a mortgage fraud scheme, he faced more than just prison time. He faced deportation because he immigrated to the U.S. at the age of 12 and never became …
Article • January 3, 2022
Traffic Stops Spiral Out of Control and Motorists Killed by Cops by Jo Ellen Nott by Jo Ellen Nott   According to the Council on Foreign Relations, U.S. police killed far more people between 2013 and 2019 than any other wealthy democracy on the planet. Data drawn from the Mapping …
Article • December 29, 2021
Highway Robbers Return Money Taken from Ex-Marine The Catch? They Were Cops by J.D. Schmidt by J.D. Schmidt While driving cross-country from Texas to California in February, retired Marine Stephen Lara was pulled over by the Nevada Highway Patrol. Little did Lara know, but he was about to become the …
Article • December 24, 2021
ICE Bought Utility Bill Data to Track Down and Deport Undocumented Immigrants by Jo Ellen Nott by Jo Ellen Nott When the Ortega military crack-down against dissidents in Nicaragua paralyzed most of the country in 2018, Norman became desperate to earn money when his livelihood of making ceramic souvenirs paying …
Article • December 24, 2021
Boston Cops Fleece Citizens to Secretly Buy Controversial Spy Tech by J.D. Schmidt by J.D. Schmidt Boston police used money obtained via civil asset forfeiture to secretly purchase high-tech cell phone surveillance equipment, a new report claims. The exposé, published jointly by Pro Publica and WBUR, details how the Boston …
Article • December 20, 2021
Filed under: Police Misconduct
Dozens of Cases Dismissed After California Cops’ Trove of Racist and Anti-Semitic Texts Discovered by Jo Ellen Nott by Jo Ellen Nott The Torrance Police Department of Los Angeles, California, is under intense scrutiny at both the county and state levels since two officers unwittingly unleashed a scandal after allegedly …
Article • December 20, 2021
Hitman Shoppers, Beware Online Specials by Jo Ellen Nott by Jo Ellen Nott  California Bay area self-styled cyber crusader Bob Innes has been receiving emails asking him to arrange murders for over 10 years. Innes created a website in 2005 to offer internet analytics services and named it “Rent-A-Hitman, Your …
Article • December 15, 2021 • from CLN January, 2022
How Cops Use Copyright Laws to Prevent the Public from Recording Their Bad Acts by Dale Chappell by Dale Chappell It’s a disturbing trend, but one that’s very effective. Cops have been playing copyrighted music during encounters with people, in an attempt to prevent them from recording and posting video …
Article • December 15, 2021 • from CLN January, 2022
Filed under: News in Brief
News in Brief by Arizona: Claims for $300,000 were filed in September 2021 against the city of Chandler, Arizona, in advance of a lawsuit planned by two activists arrested during a protest against police brutality six months earlier. According to a report by the Phoenix New Times, the men, Darien …
Article • December 15, 2021 • from CLN January, 2022
Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof by Douglas Ankney by Douglas Ankney The Supreme Court of Montana held that Kasey Lee Secrease’s trial attorneys were ineffective under both the U.S. and Montana Constitutions for failing …
Article • December 15, 2021 • from CLN January, 2022
Filed under: AEDPA
The AEDPA: A Forgotten Catalyst in Mass Incarceration by Dale Chappell by Dale Chappell When we talk about things that fuel mass incarceration, the Antiterrorism and Effective Death Penalty Act (“AEDPA”) is rarely considered as one of the causes for the over-incarceration of U.S. residents. But take a closer look, …
Article • December 15, 2021 • from CLN January, 2022
New Jersey Supreme Court Announces Arrestees in Police Custody Have Reasonable Expectation of Privacy in Calls Made on Police Station Phone Absent Notice That Call Is Being Monitored or Recorded by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey held that the right of privacy under Article …
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