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Article • November 15, 2021 • from CLN December, 2021
Texas Man Positively Identified by Six Eyewitnesses and Sentenced to Life Granted Actual Innocence Relief as Result of DNA Evidence by Casey Bastian by Casey J. Bastian Aaron Scheerhoorn was stabbed to death outside a Houston bar in 2010. During the investigation, multiple witnesses told detectives an unknown Black man …
Article • November 15, 2021 • from CLN December, 2021
When Life Is No Better Than Death by Jayson Hawkins by Jayson Hawkins Capital punishment has been a part of the American experience from the earliest times. Virginia executed a colonist in the seventeenth century, and since then, nearly every method of execution, from hanging to lethal injection, has found …
Article • November 15, 2021 • from CLN December, 2021
Filed under: Cell-Phones
How Law Enforcement Get Past Phone Encryption by Anthony Accurso by Anthony W. Accurso Reporting from Wired shows how researchers at Johns Hopkins University looked into vulnerabilities in Apple and Android phones and how they can be exploited by groups like law enforcement and other government actors. Cryptographers at Johns …
Article • November 15, 2021 • from CLN December, 2021
Minnesota Supreme Court Announces Two-Year Time Limit of § 590.01, subd. 4(c) Runs From Date of Court Decision by Douglas Ankney by Douglas Ankney The Supreme Court of Minnesota announced that the two-year time limit set forth in Minn. Stat. § 590.01, subd. 4(c) to file a timely postconviction petition …
Article • November 15, 2021 • from CLN December, 2021
First Circuit: Defendant Entitled to Withdraw Plea Where Government Withdrew From Plea Agreement Based on Defendant’s Breach by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that the U.S. District Court for the District of New Hampshire erred by refusing to allow Louis …
Article • November 15, 2021 • from CLN December, 2021
Law Proposed to End Sales of Private Data to Law Enforcement by Anthony Accurso by Anthony W. Accurso A bill introduced in mid-April by Ron Wyden (D-OR), Rand Paul (R-KY) and 18 other U.S. Senators would make it illegal for law enforcement and intelligence agencies to purchase Americans’ sensitive information—including …
Article • November 15, 2021 • from CLN December, 2021
Wisconsin Supreme Court Announces Incapacitated Driver Provision of Implied Consent Statute Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Wisconsin affirmed the decision of the Court of Appeals (“COA”) that had held the incapacitated driver provision of Wisconsin’s implied consent statute, Wis. Stat, § 343.305(3)(b), is unconstitutional …
Article • November 15, 2021 • from CLN December, 2021
Law of Unintended Consequences: How Defunding the Police Leads to Salary Increases by Casey Bastian by Casey J. Bastian The desire to implement significant reforms in American policing, particularly in metropolitan areas, is not new. However, the specific demand to literally defund the police is a nascent concept. Contemporary reform …
Article • November 15, 2021 • from CLN December, 2021
Washington Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Introduction of Inadmissible Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of Washington reversed the convictions of Jessica L. Vazquez after holding that her attorney, Sarah McFadden, was ineffective under the Sixth Amendment for failing to …
Article • November 15, 2021 • from CLN December, 2021
Filed under: Police, Racial Profiling
Is It Time to Stop Relying on the Cops? by Casey Bastian by Casey J. Bastian For many Black Americans, the thought of calling the police for help is not an option. Most won’t request assistance from law enforcement unless there is a truly violent crime occurring. Minor situations are …
Article • November 15, 2021 • from CLN December, 2021
Michigan Supreme Court: Parole-Revocation Prison Term Imposed as Result of Separate Wrongful Conviction Is Included in Compensation Under WICA by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that time served in prison due to revocation of parole that resulted solely from a wrongful conviction of other …
Article • November 15, 2021 • from CLN December, 2021
Maine Supreme Judicial Court Reverses Denial of Suppression Motion and Vacates Murder Conviction by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Maine reversed the denial of Bruce Akers’ motion to suppress and vacated his murder conviction. On June 9, 2016, Akers called the local sheriff’s office and …
Article • November 11, 2021
Queens DA Tosses 60 Convictions Tied to Lying or Predatory Cops by Chuck Sharman by Chuck Sharman   Thanks to misconduct that has tainted the testimony of three now-fired New York City Police Department (“NYPD”) cops, the resulting convictions of 60 people will be vacated and expunged after a judge …
Article • November 2, 2021
SCOTUS Maintains Hands-Off Approach to Secretive Government Surveillance Court by Chuck Sharman by Chuck Sharman The Supreme Court of the United States (“SCOTUS”) on November 1, 2021, declined to consider a motion to force the federal government’s secretive Foreign Intelligence Surveillance Court (“FISC”) to publish its opinions. The decision not …
Article • October 29, 2021
California School Resource Officer Charged with Murder in Fatal On-Duty Shooting of Teen by Chuck Sharman by Chuck Sharman The District Attorney for Los Angeles County announced on October 27, 2021, that a murder charge had been filed against a now-fired school resource officer (“SRO”) who fatally shot a young …
Article • October 27, 2021
California Cop Found Guilty of Felony Assault in Shooting Death of Mentally Ill Man by Chuck Sharman by Chuck Sharman A California jury found a cop in a wealthy San Francisco suburb guilty of felony assault with a firearm in the fatal 2018 shooting of an unarmed mentally ill man …
Article • October 27, 2021
FBI Teaches Law Enforcement How to Turn Your Cell Phone Against You by Chuck Sharman by Chuck Sharman A recently revealed FBI report provides detailed instruction to law enforcement on snooping through cell phone data, often without a search warrant, while also delving into similarly warrantless mining of social media …
Article • October 26, 2021
New Study Shows School Cops Don’t Decrease Shootings, Just Increase Expulsions and Arrests by Chuck Sharman by Chuck Sharman An academic working paper released in mid-October 2021 found that police officers employed in public schools—typically known as School Resource Officers (“SROs”)—have zero success in reducing the number of school shootings. …
Article • October 26, 2021
Filed under: Police Misconduct
Senior U.S. Marshal Accused of Plagiarism and Office Sex Fling by Chuck Sharman by Chuck Sharman   A high-ranking official with the U.S. Marshals Service (“USMS”) is on paid leave. At the same time, the agency investigates a pair of allegations lobbed against him: that he had sex with a …
Article • October 21, 2021
Discipline Recommended for 65 NYPD Cops for Response to BLM Protests by A New York City citizen oversight board recommended discipline on October 18, 2021, for 65 city police officers over their response to Black Lives Matter protests that erupted in the summer of 2020, after the killing of George …
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