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Tenth Circuit Rejects Qualified Immunity for Prosecutor Alleged to Have Fabricated Evidence, Despite no Previous Case with Materially Similar Facts by Douglas Ankney by Douglas Ankney  The U.S. Court of Appeals for the Tenth Circuit reversed the U.S. District Court for the District of Utah’s decision finding a prosecutor was …
Article • October 15, 2021 • from CLN November, 2021
California Supreme Court: Furnishing Drugs Resulting in Overdose Death Does Not Automatically Trigger Great Bodily Injury Enhancement by Dale Chappell by Dale Chappell The Supreme Court of California held that a conviction by itself for furnishing a controlled substance to someone who subsequently suffers injury from its use is insufficient, …
Article • October 15, 2021 • from CLN November, 2021
Filed under: Grounds For Withdrawal
Hawaii Supreme Court Announces Five-Factor Test in Determining Whether There’s ‘Fair and Just Reason’ to Withdraw Plea by David Reutter by David M. Reutter The Supreme Court of Hawaii held that a trial court abused its discretion in denying a defendant’s motion to withdraw his no contest plea before sentencing. …
Article • October 15, 2021 • from CLN November, 2021
Filed under: Compassionate Release
Seventh Circuit: District Court Erred in Denying Compassionate Release Motion by Limiting ‘Extraordinary and Compelling’ Analysis to USSG § 1B1.13 by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Northern District of Illinois must consider relevant …
Article • October 15, 2021 • from CLN November, 2021
Anger: A Natural Reaction That Makes the Innocent Appear Guilty by Jayson Hawkins by Jayson Hawkins Every wrong looks for a right. It seems to be a deep-seated part of human nature to point fingers whenever things go awry, regardless if by accident or intention. When physical evidence is lacking, …
Article • October 15, 2021 • from CLN November, 2021
An Inside Look at Operation Trojan Shield How the FBI Crafted an International Encrypted Messaging Sting by Jayson Hawkins by Jayson Hawkins Ever since smartphones became indispensable to everyone, including criminals, police have been working to snoop into the wave of electronic communication these devices facilitate. From searching phones to …
Article • October 15, 2021 • from CLN November, 2021
Tenth Circuit Announces Adoption of ‘Offense of Conviction Approach’ for Determining Sentence Reduction Under First Step Act § 404(b) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred in relying on the …
Article • October 15, 2021 • from CLN November, 2021
Filed under: Speedy Trial
Kansas Supreme Court Affirms Reversal and Dismissal of Murder Charges Based on Speedy Trial Violation by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas affirmed a judgment of the Court of Appeals (“COA”) that reversed Danny W. Queen’s convictions for intentional second-degree murder; attempted second-degree murder; and attempted …
Article • October 15, 2021 • from CLN November, 2021
Arizona Supreme Court Announces Trial Courts Have Discretion to Deny State’s Request for SVP Screening and Provides Guidance to Courts Exercising That Discretion by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Arizona held that trial courts have discretion to deny a sexually …
Article • October 15, 2021 • from CLN November, 2021
Filed under: Improper Comments
Arizona Supreme Court Clarifies Proper Fundamental Error Review Applicable to Allegation of a Single, Unobjected-to Instance of Prosecutorial Misconduct by Douglas Ankney by Douglas Ankney The Supreme Court of Arizona clarified the error review that is applicable when an appellant alleges a single instance of prosecutorial misconduct and no objection …
Article • October 15, 2021 • from CLN November, 2021
Filed under: junk science
Study: Bloodstain Pattern Analyses Display Alarming Lack of Accuracy by Michael Fortino, Ph.D by Michael Fortino, Ph.D. In the summer of 2000, after discovering his wife and two small children fatally shot in the family’s car inside their garage, former Indiana State Trooper David Camm was arrested and charged with …
SCOTUS Holds Ramos’ Unanimous Jury Requirement Is New Procedural Rule and Announces No New Procedural Rule Applies Retroactively on Federal Collateral Review by Dale Chappell by Dale Chappell The Supreme Court of the United States held that its landmark decision issued on April 20, 2020, in Ramos v. Louisiana, 140 …
Article • October 15, 2021 • from CLN November, 2021
Filed under: Testimonial Statements
Second Circuit: Autopsy Report Is ‘Testimonial’ for Confrontation Clause Purposes, Habeas Relief Granted by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit affirmed the grant of habeas corpus relief to a New York state prisoner, finding that his Sixth Amendment right of confrontation was …
Article • October 13, 2021
Federal Judge Lets BLM Protestors’ Suit Against San Jose Police Proceed by A federal class-action lawsuit accusing the San Jose Police Department (“SJPD”) of using excessive force against Black Lives Matter activists during 2020 protests is moving forward after a federal judge refused a motion to dismiss the case on …
Article • October 12, 2021
Filed under: Mental Health
California Cities Launching Alternative Policing Efforts for Mental Health 911 Calls by A year after it was announced in September 2020, a new project is finally getting off the ground in Oakland, California, that will shift some mental health 911 calls from police to civilian responders. Called MACRO—Mobile Assistance Community …
Article • September 20, 2021
Former “Officer of the Year” Arrested and Charged for Inserting His Finger in Motorist’s Anus by A former officer with the Orlando Police Department (“OPD”) was arrested on September 16, 2021, and charged with sexual battery for allegedly fondling the genitals of a man during a traffic stop and then …
Article • September 17, 2021
London Cop Pleads Guilty to Secretly Filming Nude Women by A London police officer pleaded guilty on September 13, 2021, to using hidden cameras to covertly film the genitals of naked women who answered his advertisement for models to pose for more tasteful nude photographs. The cop, 40-year-old Neil Corbel, …
Article • September 15, 2021 • from CLN October, 2021
California Town Pays $6 Million to Family of Mentally Ill Man Tasered by Cop by A settlement was announced on August 10, 2021, between the city of Pleasanton, California, and the family of a mentally ill man who died after a struggle with city cops trying to restrain him in …
Article • September 15, 2021 • from CLN October, 2021
11th Circuit: District Court Must Demonstrate It Considered § 3553(a) Factors When Denying Motion for Compassionate Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit vacated the U.S. District Court for the Southern District of Florida’s order denying compassionate release because the district …
Article • September 15, 2021 • from CLN October, 2021
Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes by Douglas Ankney by Doug Ankney The U.S. Court of Appeals for the Fourth Circuit held that a Racketeer Influenced and Corrupt Organizations Act (“RICO”) conspiracy in violation of 18 U.S.C. § 1962(d) is not categorically a “crime …
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