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Article • December 15, 2022 • from CLN January, 2023
Indiana Supreme Court Announces Trial Rule 26(B)(3) Governs Whether Police Reports Are Protected Work Product, Expressly Overruling Keaton by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that trial courts are to follow the two-pronged definition of Trial Rule (“TR”) 26(B)(3) to determine whether a police report …
Article • December 15, 2022 • from CLN January, 2023
U.S. Senator to Federal Agency: Investigate Abusive Use of Administrative Subpoena Power to Gather Bulk Financial Records by Casey Bastian by Casey J. Bastian The U.S. Department of Homeland Security (“DHS”) operates U.S. Immigration and Customs Enforcement (“ICE”). In turn, ICE oversees the subagency Homeland Security Investigations (“HSI”). Since 2019, …
Article • December 15, 2022 • from CLN January, 2023
Filed under: News in Brief
News in Brief by Arizona: A police officer in Scottsdale was arrested on Nov. 4, 2022, after allegedly causing a car crash while intoxicated. AZFamily reported that officer Michael Lanouar, a police detective, was taken into custody on suspicion that he had been driving a city-leased car while under the …
Article • December 15, 2022 • from CLN January, 2023
Due Processless Civil Asset Forfeitures in Houston, Texas by Edward Lyon by Ed Lyon Houston, Harris County, Texas, is the fourth largest city in the nation, as well as the largest city in Texas. Preceding the Blue Wave of female reformist judges elected in 2018 [See: CLN, April 2019, p.38], …
Fog Data Science, Your Hometown Data Broker by Anthony Accurso by Anthony W. Accurso Criminal Legal News has previously reported on data broker companies — companies that buy and sell data on consumers, most often location data harvested from mobile apps. Fog Data Science is one such company, though one …
Article • December 15, 2022 • from CLN January, 2023
Third Circuit: Defendant Entitled to Reasonable Opportunity to File Sentencing Memo Before Resentencing Under First Step Act by David Reutter by David M. Reutter The U.S. Court of Appeals for the Third Circuit held that when a prisoner seeks resentencing under the First Step Act, a district court has discretion …
Fifth Circuit Denies Absolute Immunity for Prosecutor Who Fabricated Evidence in Murder Conviction and Death Sentence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit affirmed an order of the U.S. District Court for the Middle District of Louisiana that denied absolute immunity to …
Article • December 15, 2022 • from CLN January, 2023
Prosecutors in These States Can Review Sentences They Deem Extreme. Few Do. by Charlie Lee, Matt Nadel Five states now allow prosecutors to seek shorter sentences in old cases. Louisiana shows why many DAs haven’t. by Matt Nadel and Charlie Lee It had been a long day of mowing brush …
Article • December 15, 2022 • from CLN January, 2023
Fourth Circuit Announces Substantive Reasonableness Review Applies to All Proceedings Under § 404 of First Step Act, Regardless of Whether Motion Is Granted or Denied by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that substantive reasonableness review applies to all proceedings under …
Article • December 15, 2022 • from CLN January, 2023
Sixth Circuit Announces Criminal Forfeiture Under Fed. R. Crim. P. 32.2(b) Is Mandatory Claims-Processing Rule, Reverses $62.5 Million Money Judgments by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit reversed two money judgments totaling $62.5 million after holding Federal Rule of Criminal Procedure 32.2(b) …
Article • December 15, 2022 • from CLN January, 2023
Colorado Supreme Court: Police Officer’s ‘Hunches’ Cannot Establish Probable Cause, Determination Requires Consideration of Facts Weighing in Favor and Against Probable Cause by Anthony Accurso by Anthony W. Accurso The Supreme Court of Colorado held that facts used in determining probable cause to conduct a warrantless search must include those …
Kentucky Supreme Court Announces Obtaining Real-Time CSLI Data Constitutes a Search Under Fourth Amendment, Addressing Legal Question U.S. Supreme Court Explicitly Left Open in Carpenter by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Kentucky upheld a suppression order, holding that individuals …
Brief • December 14, 2022
Baker v. Jimenez, et al., NM, Settlement Agreement, Wrongful Death (Medical), 2022 Centurion 003014 RELEASE IN FULL AND SETTLEMENT AGREEMENT TIIlS RELEASE IN FULL AND SETTLEMENT AGREEMENT is executed this 14th day of December 2022, by Adam Baker, as the Personal Representative to the Estate of Eugene Gonzales, deceased. RECITALS …
State Attorneys General Fear New FedEx and UPS Shipping Policies Will Allow the Feds to Bypass Warrant Requirements by Creating a Private Gun Registry by Jo Ellen Nott by Jo Ellen Nott On November 29, 2022, Montana Attorney General Austin Knudsen sent a letter to the CEOs of FedEx and …
Article • December 13, 2022
Tampa Police Chief Resigns After Caught Flashing Her Badge and Sense of Entitlement During Traffic Stop, Asking Cop if He Knew Who She Is by Jo Ellen Nott by Jo Ellen Nott On November 12, 2022, the former police chief of Tampa, Florida, and her husband decided to ride out …
Publication • December 13, 2022
TN Lethal Injection Protocol Investigation Report and Findings-Dec. 13, 2022 TENNESSEE LETHAL INJECTION PROTOCOL INVESTIGATION REPORT AND FINDINGS Confidential Attorney-Client Communication And Attorney Work Product DECEMBER 13, 2022 Butler Snow LLP BU T L E R I SNOW INVESTIGATIVE REPORT Confidential Attorney-Client Communication And Attorney Work Product To: Governor Bill …
Publication • December 13, 2022
Filed under: Water
IL EPA-Violation Notice-Vienna Correctional Center ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 • (217) 782-3397 JB PRlnKER, GOVERNOR JOHN J. KIM, DIRECTOR 21 7/785-0561 December 13, 2022 CERTIFIED MAIL# 7011 1150 000108571873 RETURN RECEIPT REQUESTED Vienna Correctional Center c/o Chalen Tatum 6695 …
Publication • December 13, 2022
TN Lethal Injection Protocol Investigation Report and Findings 12-13-22 TENNESSEE LETHAL INJECTION PROTOCOL INVESTIGATION REPORT AND FINDINGS Confidential Attorney-Client Communication And Attorney Work Product DECEMBER 13, 2022 Butler Snow LLP BU T L E R I SNOW INVESTIGATIVE REPORT Confidential Attorney-Client Communication And Attorney Work Product To: Governor Bill Lee …
Publication • December 13, 2022
Filed under: Criminal Sexual Abuse
US Senate- Perm. Subcommittee on Investigations-Sexual Abuse of Female Inmates in Federal Prisons Staff Report-Dec. 2022 United States Senate PERMANENT SUBCOMMITTEE ON INVESTIGATIONS Committee on Homeland Security and Governmental Affairs Jon Ossoff, Chair Ron Johnson, Ranking Member SEXUAL ABUSE OF FEMALE INMATES IN FEDERAL PRISONS STAFF REPORT PERMANENT SUBCOMMITTEE ON …
Brief • December 12, 2022
Fatai v. City and County of Honolulu, HI, Memorandum Response in Opposition to Dft's Partial MSJ, Fabrication of Evidence, 2022 Case 1:19-cv-00603-DKW-WRP Document 293 Filed 12/12/22 Page 1 of 33 PageID.4958 JENNIFER BROWN, #10885 P.O. Box 8415 Honolulu, HI 96830 (808) 554-5576 jenlbrownlaw@gmail.com DAVID B. OWENS* LOEVY & LOEVY (312) …
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