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Article • December 9, 2021
Policy Paper Cites Benefits of Eliminating Federal Marijuana Prohibition by Jo Ellen Nott by Jo Ellen Nott Data collected concerning the positive impact on federal incarceration rates and their cost if marijuana were to be decriminalized are impressive. Ending the federal marijuana prohibition would reduce incarceration costs by $571.8 million …
Article • November 15, 2021 • from CLN December, 2021
Filed under: Credits
Montana Supreme Court: Detainee Entitled to Pre-Sentence Credit for Time Served Regardless if Also Held in Connection With Another Matter in Another County by Douglas Ankney by Douglas Ankney The Supreme Court of Montana held that Mark Alan Mendoza was entitled to credit for each day he spent in pre-sentence …
Article • November 15, 2021 • from CLN December, 2021
Filed under: Retroactivity, Resentencing
California Supreme Court Announces Suspended Execution of Sentence with Probation Imposed Is Not ‘Final’ so New Changes in Law Apply Retroactively on Appeal by Dale Chappell by Dale Chappell In a case that expands the retroactive application of new, more lenient laws passed by the Legislature after a defendant is …
Article • November 15, 2021 • from CLN December, 2021
Colorado Supreme Court Announces Mandatory Lifetime Sex Offender Registration Unconstitutional for Juveniles With Multiple Adjudications by Dale Chappell by Dale Chappell The Supreme Court of Colorado held that mandatory lifetime sex offender registration for multiple sex offenses committed as a juvenile constitutes cruel and unusual punishment in violation of the …
Article • November 15, 2021 • from CLN December, 2021
Filed under: Qualified Immunity
New Mexico Abolishes Qualified Immunity by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Although many states across the nation continue to harbor and protect their employees from liability lawsuits—even in cases where the civil servant proved negligent or acted with reckless disregard—some, more progressive states, have taken the lead on …
Article • November 15, 2021 • from CLN December, 2021
Missouri Supreme Court: IAC Where Guilty Plea Based on Counsel’s Assurance Defendant Eligible for Drug Treatment Program When, as Matter of Law, Ineligible by David Reutter by David M. Reutter The Supreme Court of Missouri held that a defendant’s guilty plea was the result of ineffective assistance of counsel due …
Article • November 15, 2021 • from CLN December, 2021
ShadowDragon: Inside the Social Media Surveillance Software That Can Watch Your Every Move by Michael Kwet The tool is the product of a growing industry whose work is usually kept from the public and utilized by police. by Michael Kwet, originally published by The Intercept, September 21, 2021 A Michigan …
Article • November 15, 2021 • from CLN December, 2021
Report Chronicles Growing List of Exonerations by Jayson Hawkins by Jayson Hawkins In the first years of the 21st century, exonerations of men and women who had served decades for crimes they did not commit made national news, both because of the terrible tragedies they represent and because they were …
Article • November 15, 2021 • from CLN December, 2021
Racist Police Violence Reconsidered by John McWhorter by John McWhorter, Quillette.com Tony Timpa was 32 years old when he died at the hands of the Dallas police in August 2016. He suffered from mental health difficulties and was unarmed. He wasn’t resisting arrest. He had called the cops from a …
Article • November 15, 2021 • from CLN December, 2021
Excited Delirium Syndrome: Pseudo-Scientific Shield for Law Enforcement’s Violent Behavior by Michael Fortino, Ph.D by Michael Fortino, Ph.D. By the time Denver Police Department (“DPD”) officers handcuffed Anthony Sleets on July 7, 2021, he was already having a bad day. He had passed out in a hotel parking lot after …
Article • November 15, 2021 • from CLN December, 2021
Colorado Supreme Court: Warrantless Pole Camera Surveilling and Recording of Curtilage for Over Three Months Constitutes an Illegal Search by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado affirmed a decision of the Court of Appeals (“COA”), holding that a warrantless surveillance and recording of a home’s curtilage …
Article • November 15, 2021 • from CLN December, 2021
Filed under: Patriot Act
Proliferation of Anti-Riot Laws Spurs Nationwide Legal Challenges by Casey Bastian by Casey J. Bastian When a white Minneapolis police officer killed George Floyd, videos of the callous act went viral. The event prompted a seemingly unprecedented wave of racial justice and anti-police protests that have continued since that day …
Article • November 15, 2021 • from CLN December, 2021
D.C. Circuit Joins Seven Other Circuits in Holding USSG § 1B1.13 Doesn’t Apply to Compassionate Release Motions Filed by Prisoners by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the D.C. Circuit joined seven other circuits and held that a compassionate release motion filed by a prisoner …
Article • November 15, 2021 • from CLN December, 2021
New Jersey Supreme Court Announces Framework for Requesting Criminal Background Check of Potential Juror and Calls for Judicial Conference to Explore Nature of Discrimination in Jury Selection Process by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of New Jersey announced the framework that …
Article • November 15, 2021 • from CLN December, 2021
First Circuit Orders New Trial Following Detailed Discussion of Entrapment Defense and When Courts Must Give Jury Instruction by Douglas Ankney by Doug Ankney The U.S. Court of Appeals for the First Circuit clarified when trial courts must instruct juries on the defense of entrapment. As part of a “sting” …
Article • November 15, 2021 • from CLN December, 2021
Maryland Court of Appeals Announces Standard for Whether Scientific Evidence Is ‘Testimonial’ for Confrontation Right Purposes Under Article 21 of Maryland Declaration of Rights by Douglas Ankney by Douglas Ankney Citing lack of clear guidance from the U.S. Supreme Court, the Maryland Court of Appeals (“MCA” or “Court”) announced that …
Article • November 15, 2021 • from CLN December, 2021
NYPD Training Deprioritizes First Amendment Education in Policing Protests by Casey Bastian by Casey Bastian A recent cache of internal training documents from the New York City Police Department (“NYPD”) was released pursuant to a Freedom of Information Law request by The Intercept. The documents pertain to training for “Civil …
Article • November 15, 2021 • from CLN December, 2021
USPS Reveals Social Media Surveillance Program by Anthony Accurso by Anthony W. Accurso The United States Postal Service (“USPS”) has been running a semi-secret program monitoring social media site traffic, raising concerns about the purpose or authority for such a program surveilling American citizens. First reported in April 2021 by …
California Supreme Court Announces Hearsay Regarding Nonpredicate Offenses in Psychological Evaluation Reports Inadmissible in SVP Probable Cause Hearings by Douglas Ankney by Douglas Ankney The Supreme Court of California held that Welfare and Institution Code § 6602, subd. (a) does not create an exception permitting hearsay regarding nonpredicate offenses to …
Article • November 15, 2021 • from CLN December, 2021
Rhode Island Supreme Court: Conclusory Statutory Language to Describe Purported Child Porn Image Used to Support Search Warrant Affidavit Invalidates Warrant by Anthony Accurso by Anthony W. Accurso The Supreme Court of Rhode Island held that the search warrant used to search a defendant’s home was invalid because the officer’s …
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