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Fourth Circuit: Coram Nobis Appropriate Remedy to Achieve Justice Where Petitioner Actually Innocent but Completed Sentence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that coram nobis relief is the appropriate remedy to achieve justice where the petitioner had completed service of …
Article • November 15, 2022 • from CLN December, 2022
Seventh Circuit Announces Adoption of Uniform Procedure to Be Followed Where Plea Agreement Includes an ‘Appeal Waiver’ and Defendant Files Notice of Appeal by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit clarified its uniform procedure for disposition of cases in which a plea …
Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher Charge by Jacob Barrett by Jacob Barrett In a case of first impression, the Supreme Court of Louisiana held double jeopardy bars the reinstatement and …
Article • November 15, 2022 • from CLN December, 2022
First Circuit Announces Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law in Determining Whether ‘Extraordinary and Compelling’ Reason Exists for Compassionate Release in Prisoner-Initiated Motion by Jacob Barrett by Jacob Barrett In a case of first impression in the circuit, the U.S. Court of Appeals for the …
Article • November 15, 2022 • from CLN December, 2022
Wyoming Supreme Court: Preventing Door From Slamming in Face of Police Officer Does Not Constitute Implied Consent to Enter Home Without a Warrant by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Wyoming held that the district court erred in ruling an …
Article • November 15, 2022 • from CLN December, 2022
Washington Supreme Court Announces Race and Ethnicity Are Relevant Factors in Analysis of Whether Someone Has Been ‘Seized’ by Jacob Barrett by Jacob Barrett In a case of first impression in Washington, the Supreme Court of Washington clarified its seizure analysis by expressly holding that race and ethnicity are relevant …
Article • November 15, 2022 • from CLN December, 2022
Ninth Circuit Clarifies Framework for Applying Minor-Role Adjustment in U.S. Sentencing Guideline § 3B1.2(b) by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit clarified the framework for application of the minor-role adjustment of U.S. Sentencing Guideline (“U.S.S.G.”) § 3B1.2(b). A man identified as “Gordo” …
Article • November 15, 2022 • from CLN December, 2022
Pennsylvania Supreme Court Announces Challenge to Presumptively Vindictive Sentence Constitutes ‘Legality Challenge’ and Thus Cognizable Under PCRA by Harold Hempstead by Harold Hempstead The Supreme Court of Pennsylvania held that a vindictive sentencing claim pursuant to North Carolina v. Pearce, 395 U.S. 711 (1969), meets the definition of a legality …
Article • November 15, 2022 • from CLN December, 2022
Filed under: News in Brief
News in Brief by Alabama: Court documents revealed the week of Oct. 3, 2022, show that a former Brookside police chief, Mike Jones, was indicted by a grand jury for speeding and impersonating an officer. AL.com reported that Jones had resigned from his post as the town’s Chief of Police …
Article • November 15, 2022 • from CLN December, 2022
New FBI Tip Line: Further Incentive to Abuse Civil Asset Forfeiture by Casey Bastian by Casey J. Bastian A recent ad campaign in Charlotte, North Carolina, asks viewers to “Shine a light on drug trafficking.” A new tip line was introduced, purportedly intended to help agents intercept massive drug shipments …
Article • November 15, 2022 • from CLN December, 2022
Prosecutorial Misconduct Cause of More Than 550 Death Penalty Reversals and Exonerations by Jacob Barrett by Jacob Barrett A study by the Death Penalty Information Center (“DPIC”) found more than 550 death penalty reversals and exonerations were the result of extensive prosecutorial misconduct. DPIC reviewed and identified cases since the …
Article • November 15, 2022 • from CLN December, 2022
The Sixth Amendment Right to Assistance of Legal Counsel: An Examination of Federal Justice System Outcomes by Casey Bastian by Casey J. Bastian Among an individual’s rights enshrined in the U.S Constitution is their Sixth Amendment right to assistance of legal counsel. The principle ensures an accused person in America …
Article • November 15, 2022 • from CLN December, 2022
Drone Company Is Establishing Cozy Relationship With Police by Anthony Accurso by Anthony W. Accurso The revolving door between government agencies and private corporations has been well documented in industries like healthcare, defense, and fossil fuels, along with the democracy-eroding effects of such relationships. A worrying new trend shows surveillance …
Article • November 15, 2022 • from CLN December, 2022
The Insidious Nexus Between Law Enforcement Budget Increases and Misdemeanor Policing by Casey Bastian by Casey J. Bastian The murder of George Floyd in 2020 resulted in massive Black Lives Matter protests and vigorous calls to defund the police. Politicians across the country seemed to respond to those demands. Budgets …
Corporate Data Brokers Help Law Enforcement Spy on Millions of Law-Abiding People by Anthony Accurso by Anthony W. Accurso The shady economy of data brokers vacuums up personal data from hundreds of millions of people — mostly in the U.S. but also in other countries­ — and this data is …
Article • November 15, 2022 • from CLN December, 2022
That Robotaxi Is Watching You by Anthony Accurso by Anthony W. Accurso Police are tapping into a new source for their insatiable desire to collect video footage of innocent citizens — autonomous vehicles. Cops don’t like being filmed. Despite citizens having a right to capture officers on camera during the …
Article • November 15, 2022 • from CLN December, 2022
Filed under: Crime, Fines
Study Examines Link Between Fines and Crime by Jayson Hawkins by Jayson Hawkins A new study published in the American Sociological Review (“ASR”) challenges the efficacy and rationale of the growing body of fees and fines being imposed for minor offenses in courts across the U.S. The study asserts that …
Article • November 15, 2022 • from CLN December, 2022
Filed under: State Legislation, Firearms
New York Follows California’s Lead Becoming Second State To Require Microstamping of Semiautomatic Handguns by Douglas Ankney by Douglas Ankney On June 6, 2022, Governor Kathy Hochul signed legislation that made New York the second state to require microstamping of semiautomatic pistols. It took ten years from its proposal to …
Article • November 15, 2022 • from CLN December, 2022
Location Tracking Devices Can Create the Appearance of Guilt by Benjamin Tschirhart by Benjamin Tschirhart In a recent review of new location tracking tech, New York Times writer Kashmir Hill tested several tools with the help of her husband Trevor Timm, who is also executive director of the Freedom of …
Article • November 15, 2022 • from CLN December, 2022
$175,000 Awarded to Colorado Man Tased by Cop Angered Over His ‘Fuck Bad Cops’ Placard by Douglas Ankney by Douglas Ankney Commerce City, Colorado, paid $175,000 to settle a suit alleging police officer Chris Dickey tased Joshua Condiotti-Wade because Dickey was angered by Condiotti-Wade’s placards that read “Fuck Bad Cops” …
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