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News in Brief

Article • April 15, 2021 • from CLN May, 2021

Filed under: News in Brief

News in Brief by Arizona: A week after he was shot chasing a suspect, an off-duty police officer from Alberquerque, New Mexico, was arrested on February 21, 2021, for aggravated DWI. According to a report by local TV station KRQE, Officer Fouad Cherair, 29, was found by police in the …

Seventh Circuit: District Court Retains Jurisdiction When Habeas Petitioner Moves to Prison Outside of District

Article • April 15, 2021 • from CLN May, 2021

Filed under: Out of State Transfers, Transfers, Habeas Corpus

Seventh Circuit: District Court Retains Jurisdiction When Habeas Petitioner Moves to Prison Outside of District by Dale Chappell by Dale Chappell Settling issues of habeas corpus jurisdiction that have been less than clear in previous cases, the U.S. Court of Appeals for the Seventh Circuit held on February 12, 2021, …

Abuse of Civil Asset Forfeiture Laws Prompts Class Action Lawsuit

Article • April 15, 2021 • from CLN May, 2021

Filed under: Civil Asset Forfeiture Reform Act (CAFRA)

Abuse of Civil Asset Forfeiture Laws Prompts Class Action Lawsuit by Casey Bastian by Casey J. Bastian Civil asset forfeiture laws allow law enforcement agencies to seize property if that property is suspected of being related to criminal activity. These laws do not require that the owner be convicted of …

Harvard v. Inch, FL, Order Vacating Magistrate Judge's Order, Retaliation, 2021

Brief • April 7, 2021

Filed under: Retaliation, Retaliation for Litigating

Harvard v. Inch, FL, Order Vacating Magistrate Judge's Order, Retaliation, 2021 Case 4:19-cv-00212-MW-MAF Document 279 Filed 04/07/21 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JAC’QUANN (ADMIRE) HARVARD, et al., Plaintiffs, v. Case No.: 4:19cv212-MW/MAF MARK INCH, Secretary of Florida Department of …

Hidden Sentences

Article • March 15, 2021 • from CLN April, 2021

Filed under: Fines, Felon Disenfranchisement Statute

Hidden Sentences by Jayson Hawkins by Jayson Hawkins No one was surprised when Florida again topped the list of “battleground states” in the run up to the 2020 presidential election, but the media narrative most frequently heard as November approached was not about hanging chads or turnout in Miami-Dade County. …

News in Brief

Article • February 15, 2021 • from CLN March, 2021

Filed under: News in Brief

News in Brief by California: Santa Clara County Sheriff’s Deputy Sukhdeep Gill, 27, was arrested in January 2021 for faking his own shooting and alleging he’d been a victim in a drive-by shooting while on patrol, according to thefreethoughtproject.com. He was charged with felony vandalism and falsely reporting a crime, …

Raid on Data Scientist’s Home Underscores Outdated Technology Laws and Unjustifiable Police Use of Force

Article • February 15, 2021 • from CLN March, 2021

Filed under: Whistleblowing, COVID-19, Excessive Force (Police)

Raid on Data Scientist’s Home Underscores Outdated Technology Laws and Unjustifiable Police Use of Force by Anthony Accurso by Anthony Accurso A police raid on the home of aFlorida data scientist involving officers who aimed loaded firearms at young children draws attention to issues of police misuse of force, outdated …

News in Brief

Article • January 15, 2021 • from CLN February, 2021

Filed under: News in Brief

News in Brief by Arizona: The family of 40-year-old Ryan Whitaker, who was fatally shot in the back by a police officer investigating a noise complaint, settled in December 2020 with the city of Phoenix for $3 million by unanimous City Council vote. Whitaker was shot in the doorway of …

Eleventh Circuit Holds RICO Conspiracy Doesn’t Qualify as Crime of Violence for § 924(c) Purposes and Defendant’s 120-Year Sentence Was Procedurally Unreasonable

Article • December 15, 2020 • from CLN January, 2021

Filed under: U.S. Sentencing Guidelines, RICO, Solicitation to Commit a Crime of Violence

Eleventh Circuit Holds RICO Conspiracy Doesn’t Qualify as Crime of Violence for § 924(c) Purposes and Defendant’s 120-Year Sentence Was Procedurally Unreasonable by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held that RICO conspiracy under 18 U.S.C. …

News in Brief

Article • December 15, 2020 • from CLN January, 2021

Filed under: News in Brief

News in Brief by Alaska: A plan to shift the response to mental health crises away from police and into the hands of mental health professionals made strides in November 2020. The Assembly approved money to launch a mobile crisis intervention team. In Anchorage, it would operate at the fire …

Futuristic Crime Predictor Targets, Monitors People Across Florida County

Article • December 15, 2020 • from CLN January, 2021

Filed under: Racial/Ethnic Bias/Profiling, EP2P Software, Harassment

Futuristic Crime Predictor Targets, Monitors People Across Florida County by David Reutter by David M. Reutter When Chris Nocco was appointed sheriff of Florida’s Pasco County, he said the agency would be “proactive” in reducing property crimes. His intelligence-led policing model would use data to predict where future crimes would …

Hoever v. Carraway, Correctional Officer, et al., FL, Motion with attached Amici Curiae Brief, 2020

Filing • December 2, 2020

Filed under: PLN Litigation, Censorship, First Amendment, Appeals/Appellate Jurisdiction

Hoever v. Carraway, Correctional Officer, et al., FL, Motion with attached Amici Curiae Brief, 2020 USCA11 Case: 17-10792 Date (1 ofFiled: 40) 12/02/2020 Page: 1 of 12 No. 17-10792 In the United States Court of Appeals for the Eleventh Circuit CONRAAD L. HOEVER, Plaintiff-Appellant-Cross Appellant, v. C. CARRAWAY, Correctional Officer, …

Hoever v. Carraway, Correctional Officer, et al., FL, Motion with attached Amici Curiae Brief, 2020

Brief • December 2, 2020

Filed under: PLN Litigation, First Amendment, Appeals/Appellate Jurisdiction

Hoever v. Carraway, Correctional Officer, et al., FL, Motion with attached Amici Curiae Brief, 2020 USCA11 Case: 17-10792 Date (1 ofFiled: 40) 12/02/2020 Page: 1 of 12 No. 17-10792 In the United States Court of Appeals for the Eleventh Circuit CONRAAD L. HOEVER, Plaintiff-Appellant-Cross Appellant, v. C. CARRAWAY, Correctional Officer, …

Shielding Police Identities: A Law That Cuts Both Ways

Article • November 15, 2020 • from CLN December, 2020

Filed under: Victims, Crime Victims Rights Act

Shielding Police Identities: A Law That Cuts Both Ways by Michael Fortino, Ph.D   by Michael Fortino, Ph.D. Marsy’s Law, also known as the “crime victim bill of rights” designed to protect victims from their attackers when the latter are no longer incarcerated, is used by Florida police as a …

News in Brief

Article • October 15, 2020 • from CLN November, 2020

Filed under: News in Brief

News in Brief by Alaska: Police here can fly over property but they “cannot use cameras and drones for aerial searches of property without a warrant,” the Alaska Court of Appeals ruled. “The ruling stems from a 2012 case in which Alaska State Troopers received a tip about marijuana being …

Did Two Judges Violate Ethics in Florida Voting Rights Restoration Case?

Article • October 15, 2020 • from CLN November, 2020

Filed under: Ethical Restraints, Judicial Disqualification/Misconduct, Ability to Pay, Felon Disenfranchisement Statute

Did Two Judges Violate Ethics in Florida Voting Rights Restoration Case? by Casey Bastian by Casey Bastian In 2018, Florida electors passed an amendment to the state constitution allowing the restoration of voting rights to residents convicted of felonies. The amendment, which does not apply to those convicted of murder …

Why you should want Sheriff Gualtieri out of office

Article • September 21, 2020

Filed under: Editorials

Why you should want Sheriff Gualtieri out of office by Panagioti Tsolkas (whether you live in Pinellas County, Florida or not) by Panagioti Tsolkas   The head cop in Pinellas County, Florida was declared Sheriff of the Year at the National Sheriffs’ Association (NSA) conference last year in Kentucky. In November, Sheriff …

Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders

Article • September 15, 2020 • from CLN October, 2020

Filed under: Habeas Corpus, Denial of Due Process

Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit publishes more orders denying “second or successive” habeas corpus petitions (“SOS applications”) than any other Circuit, and it then …

News in Brief

Article • September 15, 2020 • from CLN October, 2020

Filed under: News in Brief

News in Brief by California: Marissa Cruz and Paea Tukuafu filed a civil rights lawsuit against the city of San Jose police in August 2020, claiming they were “battered and bruised” by cops and subject to unreasonable search and entry. The two were celebrating ahead of Cruz’s 22nd birthday at …

News in Brief

Article • August 15, 2020 • from CLN September, 2020

Filed under: News in Brief

News in Brief by Arizona: Mariah Valenzuela has filed legal notices against the city of Phoenix and Maricopa County over Phoenix police officer Michael McGillis’ use of force during a January 16, 2020 traffic stop, abc15.com reports. The officer, driving a white van, stopped Valenzuela for allegedly veering across the …