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Article • February 15, 2025 • from CLN March, 2025
Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed by Anthony Accurso by Anthony W. Accurso The Supreme Court of Colorado held that a defendant who …
Article • February 15, 2025 • from CLN March, 2025
Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption by Sam Rutherford by Sam Rutherford In a case containing factual allegations that seem like they were lifted from a movie or novel, the U.S. Court of Appeals for the Fourth Circuit reversed …
First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased by Anthony Accurso by Anthony W. Accurso The United States Court of Appeals for the First Circuit held that the Government failed to satisfy its burden of proof that the emergency-aid exception …
Article • February 15, 2025 • from CLN March, 2025
First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant by David Reutter by David M. Reutter The United States Court of Appeals for the First Circuit vacated a two-level sentencing enhancement imposed …
Article • February 15, 2025 • from CLN March, 2025
Study: DNA Transfer in Social Settings by Michael Thompson by Michael Dean Thompson With every breath you take, you shed DNA. It is in the skin cells that flake off your body by the millions, the hair that floats off as you walk, and the oil you leave behind on …
Article • February 15, 2025 • from CLN March, 2025
Examining Pro-Prosecution Bias in the Judiciary: Unconscious Biases of a Prosecutorial Background by Casey Bastian by Casey J. Bastian Legal scholars and practitioners have begun raising concerns that there is a lack of judicial diversity on court benches in America and abroad. While there have been serious efforts to increase …
Law Enforcement Obscures Use of Facial Recognition Technology by Sam Rutherford by Sam Rutherford According to an investigative report conducted by the Washington Post and follow-up reporting on TechDirt.com, police departments nationwide are hiding the fact that they are identifying criminal suspects using facial recognition software. A Washington Post article …
Article • February 15, 2025 • from CLN March, 2025
A Gift America Can’t Return: The Police State Is America’s New Crime Boss by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead "There are always risks in challenging excessive police power, but the risks of not challenging it are more dangerous, even fatal.”—Hunter S. Thompson, Kingdom of Fear …
Police Departments Are Now Using AI to Write Reports by Anthony Accurso by Anthony W. Accurso Axon, a company that makes products (including weapons) and services available to police departments, has begun selling a new product designed to use artificial intelligence (“AI”) to turn bodycam audio into police reports. However, …
Article • February 15, 2025 • from CLN March, 2025
Filed under: News in Brief
News in Brief by Alaska: In a rare move, federal prosecutors asked an Alaska judge to vacate the 2019 assault conviction of long-time felon Johnny-Lee Preston Burk, citing a concealed relationship between the presiding judge and a prosecutor in the case. The Alaska Beacon reported that United States District Judge …
‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers by David Reutter by David M. Reutter Are federal courts participating in a legal fiction during sentencing proceedings to maintain a peculiar but potentially necessary mechanism to resolve criminal cases without a jury? That …
Article • February 15, 2025 • from CLN March, 2025
Community Supervision: America’s Hidden Wellspring to Mass Incarceration by James Mills, Douglas Ankney by Douglas Ankney and James Mills According to a 2023 report from the Prison Policy Initiative, about 1.9 million people are imprisoned in America. More than 500,000 people are released from prison each year in addition to …
Maryland Supreme Court Clarifies Process for Admitting Co-Conspirator’s Hearsay Statements During Police Interview Under ‘Declaration Against Penal Interest’ Exception, Trial Court Must ‘Parse’ Interview to Determine Admissibility of Each Statement by Sam Rutherford by Sam Rutherford The Supreme Court of Maryland clarified the process a trial court must follow when …
Article • February 1, 2025 • from CLN February, 2025
Ninth Circuit Announces California Assault With Deadly Weapon Conviction Not ‘Crime of Violence’ for Career Offender Enhancement Under Sentencing Guidelines by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s prior California conviction for assault with a deadly weapon under Cal. …
Article • February 1, 2025 • from CLN February, 2025
Vermont Supreme Court Eliminates Year-and-a-Day Rule in Murder Prosecutions by Sam Rutherford by Sam Rutherford The Supreme Court of Vermont abrogated the common-law year-and-a-day rule, under which the victim must die within one year and a day of the defendant’s criminal conduct to support a murder charge, thus reinstating a …
Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit upheld the U.S. …
Article • February 1, 2025 • from CLN February, 2025
Federal Facial Recognition Technology Fails Again by Michael Thompson by Michael Dean Thompson The federal government has again discovered that its use of facial recognition technology (“FRT”) harms Americans. The agencies using the technology are often doing so with little oversight or training, which is what the Government Accountability Office …
Article • February 1, 2025 • from CLN February, 2025
California Court of Appeal Announces Youthful Defendants Sentenced to Terms ‘Functionally Equivalent’ to LWOP Entitled to Resentencing Under § 1170(d) by Sam Rutherford by Sam Rutherford The California Court of Appeal, Second Appellate District, held that youthful defendants who receive sentences that are “functionally equivalent” to sentences of life without …
Article • February 1, 2025 • from CLN February, 2025
Ninth Circuit Announces ‘Hate Crime’ Sentence Enhancement Under Guidelines § 3A1.1(a) Requires Finding Defendant Motivated by Hate or Animus by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit clarified the circumstances under which a U.S. District Court may impose a “hate crime” enhancement pursuant …
The Murky Waters of Parole by David Reutter by David M. Reutter In most states, the grant of parole is an act of grace. The systems of parole vary amongst the states, but one thing is certain—prisoners have high hopes when they come under review. Another certainty, at least in …
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