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Article • December 15, 2021 • from CLN January, 2022
Brooklyn DA Releases List of Untrustworthy Cops by Anthony Accurso by Anthony W. Accurso The District Attorney’s Office for Brooklyn, New York, released a list of New York City Police Department officers who cannot testify in court because of prior misconduct. Known as a Brady (or more precisely for New …
Article • December 15, 2021 • from CLN January, 2022
You’d Better Watch Out: The Surveillance State Has a Naughty List, and You’re On It by John W. Whitehead, Nisha Whitehead by John W. Whitehead & Nisha Whitehead, Rutherford.org He sees you when you’re sleeping   He knows when you’re awake He knows when you’ve been bad or good So be …
Article • December 15, 2021 • from CLN January, 2022
California Court of Appeal: Police Created Atmosphere of Custodial Interrogation Requiring Miranda Warnings Even Though Prearrest Interview Occurred in Teen Suspect’s Home by Douglas Ankney by Douglas Ankney The California Court of Appeal, First Appellate District, ruled that the coercive atmosphere created by police during a prearrest interview of a …
Article • December 15, 2021 • from CLN January, 2022
Sixth Circuit: Only One Conviction May Result Under § 922(g) for Single Incident of Firearm Possession by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that only one conviction may result under 18 U.S.C. § 922(g) for a single incident of firearm possession, …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Statistics/Trends
Crime Rates Rise and Fall. The Police Mostly Have Nothing to Do With It. by Aya Gruber Policing expansions don’t do much to reduce crime. Instead, they manage people and communities to serve the interests of the powerful. by Aya Gruber Murder rates go down; people exalt policing. Murder rates go …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Hearsay Evidence
Pennsylvania Supreme Court Announces Framework for Determining Whether State of Mind Exception to Hearsay Rule Applies to Out-of-Court Statements, Dual-Purpose Statements Generally Inadmissible by Matthew Clarke by Matt Clarke The Supreme Court of Pennsylvania held that a note implicating the husband of a woman who was drowned the day after …
Article • December 15, 2021 • from CLN January, 2022
Fourth Circuit: Long-Term Aerial Surveillance That Reveals ‘Whole of Individuals’ Movements’ Constitutes Search Without a Warrant, Violates Fourth Amendment by Douglas Ankney by Douglas Ankney On rehearing en banc, the U.S. Court of Appeals for the Fourth Circuit concluded that the Aerial Investigation Research (“AIR”) program—a first of its kind …
Article • December 15, 2021 • from CLN January, 2022
North Carolina Supreme Court Announces Pretrial Notice of Duress Defense Does Not Forfeit Fifth Amendment Right to Silence, Reaffirms Rule Against Preemptive Impeachment by Anthony Accurso by Anthony W. Accurso The Supreme Court of North Carolina held that defendants filing a pretrial notice of intent to rely upon the affirmative …
Article • December 15, 2021 • from CLN January, 2022
Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that mere physical proximity of guns and drugs …
Article • December 15, 2021 • from CLN January, 2022
California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes by Douglas Ankney by Douglas Ankney The California Court of Appeal, Fifth Appellate District, held that Superior Courts are to consider only the elements of a juvenile’s prior adjudicated …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Conditions of
California Supreme Court Announces Mandatory Supervision Conditions Un-der Realignment Act Evaluated for Reasonableness on Case-by-Case Basis Under Lent Test by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of California held that conditions of mandatory supervision under the 2011 Realignment Act, Stats. 2011, …
Article • December 15, 2021 • from CLN January, 2022
California Supreme Court Announces Not All Subsequent Habeas Petitions Under Death Penalty Reform and Savings Act Are ‘Successive’ by Dale Chappell by Dale Chappell   A subsequent petition for habeas corpus relief filed in a California court is not always a “successive” petition, under the death penalty reform law passed …
Article • December 15, 2021 • from CLN January, 2022
Rethinking the ‘Sex Offender’ Label by Derek Logue by Derek W. Logue, The Crime Report On Nov. 19, members of the Colorado Sex Offender Management Board (SOMB) took a critical first step in altering the language used to label those convicted of a sexual offense while in treatment towards a “person-first” perspective. …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Settlements, Wrongful Death
Ninth Circuit: California Law Prohibiting Recovery of Loss of Life Damages Inconsistent With § 1983 by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit affirmed the ruling of the U.S. District Court for the Central District of California that Cal. Code Civ. Proc. § …
Article • December 15, 2021 • from CLN January, 2022
The Long-Term Effects of 9/11: Naturally, More Surveillance by Jayson Hawkins by Jayson Hawkins The 9/11 attacks were a rare historic moment, a watershed event that recast the American experience at home and abroad. While most discussions of this phenomenon have focused on impacts felt equally across the nation—wars; Islamophobia; …
Article • December 15, 2021 • from CLN January, 2022
Filed under: DNA Testing/Samples
Massachusetts Supreme Judicial Court Announces Impacted Third Party Has Right to Appeal Motion Granting Postconviction DNA Testing by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts ruled that a third party who is ordered to provide biological materials pursuant to G. L. c. 278A has a right …
Article • December 15, 2021 • from CLN January, 2022
“If Everybody’s White, There Can’t Be Any Racial Bias”: The Disappearance of Hispanic Drivers From Traffic Records by Richard Webster In Louisiana, law enforcement agencies have been accused of targeting Hispanic drivers in traffic stops and identifying them as white on tickets. Misidentification makes it impossible to track racial bias, …
Second Circuit Declares Police Firearms Examiners Subject to Brady, Examiner Who Failed to Disclose Exculpatory Ballistics Report Not Entitled to Qualified Immunity by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit affirmed the decision of the U.S. District Court for the District of Connecticut …
Article • December 15, 2021 • from CLN January, 2022
Montana Supreme Court: Defendant’s Due Process Rights Violated by Delayed Initial Appearance for Two Years While Jailed in New York on Out-of-State Warrant by David Reutter by David M. Reutter The Supreme Court of Montana held that a defendant’s due process rights were violated by the State’s failure to bring …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Warrantless Searches
Iowa Supreme Court Calls SCOTUS’ Fourth Amendment Jurisprudence ‘a Mess,’ Announces Departure from Lockstep Adherence, and Rules Warrantless Seizure and Search of Defendant’s Curbside Trash Unlawful by Anthony Accurso by Anthony W. Accurso The Supreme Court of Iowa ordered the suppression of evidence in a criminal case while announcing that …
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