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Article • December 15, 2021 • from CLN January, 2022
Who Defends the Public Defenders? by Jayson Hawkins by Jayson Hawkins The Sixth Amendment to the U.S. Constitution offers a guarantee of the assistance of an attorney when accused of a crime. This guarantee has become a trope in countless movies and TV shows where suspects are advised: “If you …
Article • December 15, 2021 • from CLN January, 2022
Nevada Supreme Court Reverses Denial of Motion to Withdraw Guilty Plea Because Defendant Had Strong Argument for Speedy Trial Violation and Colorable Claim of IAC by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada reversed the district court’s denial of Kevin Sunseri’s motion to withdraw his guilty plea …
Article • December 15, 2021 • from CLN January, 2022
Ninth Circuit: Washington’s Sentencing Guidelines, Not Statutory Maximum, Set Upper Limit for Sentence When Determining Grade of Violation of Supervised Release Under U.S. Sentencing Guidelines by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that the state of Washington’s mandatory sentencing guidelines set …
Article • December 15, 2021 • from CLN January, 2022
U.S. Sentencing Commission Creates New Sentencing Tool for Judges by Dale Chappell by Dale Chappell The U.S. Sentencing Commission (“USSC”) recently created a new tool for federal judges that will let them compare sentences for similar defendants under specific guidelines to help “guide” them on what sentence may be appropriate …
Article • December 15, 2021 • from CLN January, 2022
Filed under: DNA Testing/Samples
Is Orange County’s DNA Collection Scheme Really Voluntary? by Jayson Hawkins by Jayson Hawkins It’s no secret that anyone who commits a serious crime in the U.S. is likely to have their genetic profile catalogued in the FBI’s Combined DNA Index System (“CODIS”). This network has connected state DNA databases …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Fines
Study: Petty Court Fines and Fees Creates ‘Vicious Cycle’ of Debt for Years by Dale Chappell by Dale Chappell A study by the Duke University Law School found, unsurprisingly, that court fines and fees for such petty offenses as parking tickets creates a “vicious cycle of court debt” that lasts …
Article • December 15, 2021 • from CLN January, 2022
Unchecked Federal Use of Facial Recognition Tech by Anthony Accurso by Anthony W. Accurso   A June 29, 2021, report from the Government Accountability Office (“GAO”) details the use of facial recognition technology (“FRT”) among federal agencies and documents alarming lack of accountability, transparency, or any meaningful policies governing its …
Article • December 15, 2021 • from CLN January, 2022
First Circuit: ‘Controlled Substances Offense’ Under § 2K2.1(a)(2) of USSG Refers to Time of Sentencing, Not Time of Prior Conviction by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the First Circuit held that the term “controlled substance offense” in § 2K2.1(a)(2) of the U.S. Sentencing …
Article • December 15, 2021 • from CLN January, 2022
Missouri Supreme Court: Evidence Found in Cell Phone Seized at Sheriff’s Office Instead of Defendant’s Home, Identified as Location to Be Searched in Warrant, Must Be Suppressed by Anthony Accurso by Anthony W. Accurso The Supreme Court of Missouri held that evidence obtained from a cell phone seized from defendant …
Article • December 15, 2021 • from CLN January, 2022
Cop Gets Money for Nothing, Awards for Free by Edward Lyon by Ed Lyon In the early 20th century, unions were beneficial in that they pushed for safe working conditions and decent wages for the working class. The way our society has evolved, not all unions are what they seem. …
Article • December 15, 2021 • from CLN January, 2022
Secret CBP Teams New DHS Weapon of Mass Surveillance by Jayson Hawkins by Jayson Hawkins The American police state and accompanying surveillance apparatus has a long history dating back to the first Red Scares and beyond. The exponential growth of police presence engendered by the “wars” on crime and drugs …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Crime Labs, junk science
Microbiome: The Latest in Cutting Edge Forensics by Michael Fortino, Ph.D by Michael Fortino One week after the attacks of September 11, 2001, letters containing anthrax were mailed to several news outlets, and to the offices of two U.S. Senators, forcing the FBI to seek new and innovative methods to …
Article • December 15, 2021 • from CLN January, 2022
Hawai’i Supreme Court: Prosecutor’s Cumulative Misconduct Deprived Defendant of a Fair Trial, Vacates Denial of Motion for New Trial by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i vacated the judgment of the Intermediate Court of Appeals (“ICA”) that held a prosecutor’s cumulative misconduct was harmless. Matthew K. …
Article • December 15, 2021 • from CLN January, 2022
Veterans Restorative Justice Act Offers More Than Alternatives to Jail in Minnesota by Douglas Ankney by Douglas Ankney On August 10, 2021, a crowd of veterans’ organizations, prosecutors, defense attorneys, lawmakers, and other interested parties gathered outside the Minnesota State Capitol to watch Governor Tim Walz symbolically sign into law …
Article • December 15, 2021 • from CLN January, 2022
Big Brother’s Eyes and Ears: Understanding and mitigating the impact of high-tech surveillance by Anthony Accurso by Anthony W. Accurso Americans are being subjected to a rapid proliferation of surveillance in every area of their lives, jeopardizing their privacy interests and rights under the Fourth Amendment of the U.S. Constitution. …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Marijuana Laws/Issues
Marijuana Arrests Keep Dropping by Marijuana arrests have dropped to their lowest level since 1991, according to a report by the FBI released in September 2021. The reason for the sharp reduction in arrests for marijuana crimes is simple: legalization. But the trend has been slow coming. Back in 1991, …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Police Misconduct
Biden’s DOJ Targets Police Misconduct by Dale Chappell by Dale Chappell In April, the Department of Justice announced it was investigating several police departments for civil rights violations, showing signs that the DOJ under President Biden is revving up its efforts to crack down on police misconduct. It’s a stark …
Article • December 15, 2021 • from CLN January, 2022
Fifth Circuit: Texas Police Get Qualified Immunity for Knowingly Using Taser to Ignite Gasoline-Soaked, Suicidal Man, Killing Him and Destroying Family’s House by Matthew Clarke by Matt Clarke On June 25, 2021, the U.S. Court of Appeals for the Fifth Circuit refused to re-visit its decision that Texas police officers …
Article • December 13, 2021
It’s Rough Being a Spy Under the Watchful Eye of Big Brother by Jo Ellen Nott by Jo Ellen Nott A digital world that never sleeps and the proliferation of surveillance devices in the 21st century have irrevocably altered spycraft. The modus operandi of spies before the technological revolution, concocting …
Article • December 13, 2021
Filed under: Forfeiture
Dallas K-9 Instrumental in Civil Forfeiture of $106,000 at Love Field Airport Despite There Being no Arrest or Crime by Jo Ellen Nott by Jo Ellen Nott A police dog with the Dallas Police Department sniffed out $106,000 in cash in a traveler’s suitcase on December 2, 2021, at Dallas’ …
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