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Article • September 15, 2021 • from CLN October, 2021
California Supreme Court Announces Predicate Offenses for Gang Enhancement or Gang Participation Not Provable Using Expert Witness Testimony Without Personal Knowledge of Facts by Matthew Clarke by Matt Clarke The Supreme Court of California held that, for charges of gang participation and gang enhancements under California Penal Code, § subdivisions …
Article • September 15, 2021 • from CLN October, 2021
Newark Police Didn’t Discharge a Single Firearm in 2020, and the Crime Rate Fell by Jayson Hawkins by Jayson Hawkins Amidst the chaos of a global pandemic, social protests, and political upheaval, many people felt as if anything that could go wrong in 2020 went wrong. The avalanche of tumultuous …
Article • September 15, 2021 • from CLN October, 2021
SCOTUS Reinstates Death Sentence Reversed by Eleventh Circuit by Matthew Clarke by Matt Clarke The Supreme Court of the U.S. reinstated the death sentence of an Alabama man who had been convicted of murder. The Eleventh Circuit had reversed, in part, the conviction based on the incorrect claim that Alabama …
Article • September 15, 2021 • from CLN October, 2021
Study Finds Interactive Lineup Improves Accuracy of Eyewitness Identification, But Does It Also Increase Likelihood of False Identifications? by Matthew Clarke A team of researchers at the University of Birmingham’s School of Psychology in the U.K. developed interactive lineup software that allows witnesses to view lineup photographs from different angles. They …
The Clash Between Closed-Source Forensic Tools and the Confrontation Clause by Anthony Accurso by Anthony W. Accurso Technology companies and prosecutors are working together to assert the right of the companies to protect their intellectual property in ways that deny criminal defendants their right to challenge the reliability of forensic …
Article • September 15, 2021 • from CLN October, 2021
Make Way for the Snitch State The All-Seeing Fourth Branch of Government by John W. Whitehead, Nisha Whitehead The All-Seeing Fourth Branch of Government by John W. Whitehead and Nisha Whitehead It is just when people are all engaged in snooping on themselves and one another that they become anesthetized …
Article • September 15, 2021 • from CLN October, 2021
Massachusetts Supreme Judicial Court: Withholding Exculpatory Statement Change by Key Witness Constitutes Brady Violation, Requiring New Trial by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts held that the prosecution in a first-degree murder (extreme atrocity or cruelty) trial failed to disclose material, exculpatory evidence that a …
Article • September 15, 2021 • from CLN October, 2021
Qualified Immunity Driven by Irrational Fear of Cops Being Held Personally Liable by Dale Chappell by Dale Chappell The fear that a police officer would be held personally responsible, should he be sued because of his actions in the line of duty, is nothing short of irrational and unfounded, a …
Article • September 15, 2021 • from CLN October, 2021
SCOTUS: § 2(a) of Fair Sentencing Act Modifies Statutory Penalties Only for Subparagraphs (A) and (B) of 21 U.S.C. § 841(b)(1)— the Mandatory-Minimum Provisions by Douglas Ankney by Douglas Ankney  A unanimous Supreme Court of the United States (“SCOTUS”) held that § 2(a) of the Fair Sentencing Act modified the …
Article • September 15, 2021 • from CLN October, 2021
Mississippi Supreme Court: Failure to Timely File Motion to Suppress Confession Obtained as Result of Police Threats and Promises Constitutes Ineffective Assistance of Counsel by Matthew Clarke by Matt Clarke The Supreme Court of Mississippi held that a defendant’s trial counsel was ineffective for failing to timely object to the …
Article • September 15, 2021 • from CLN October, 2021
Federal Judge: ‘Offense of Conviction’ Under Guidelines Excludes Relevant Conduct for Sentencing by Dale Chappell by Dale Chappell In a case where a defendant admitted to selling drugs that previously led to an overdose-death but was only convicted of selling drugs that did not result in a death, the U.S. …
Article • September 15, 2021 • from CLN October, 2021
Indiana Supreme Court Applies Recently Announced Proportionality Framework for In Rem Fines and Holds Forfeiture of $35,000 Land Rover Grossly Disproportionate to Underlying Offense in Violation of Eighth Amendment, Ending 7-Year Saga by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana affirmed the holding of the Grant Superior …
Article • September 15, 2021 • from CLN October, 2021
Putting Police Use of Spy Tech Under Community Control by Anthony Accurso by Anthony W. Accurso Community control over police departments has become a hot topic since the militaristic response of police departments to protests over the killing of George Floyd and other citizens. Part of that militaristic response has …
Article • September 15, 2021 • from CLN October, 2021
Filed under: News in Brief
News in Brief by Arizona: After shooting more people than any other U.S. city or county police department in 2018, the Phoenix Police Department (PhxPD) will now be the subject of a “pattern and practice” (P&P) investigation announced on August 5, 2021, by the federal Department of Justice (DOJ), according …
Article • September 15, 2021 • from CLN October, 2021
Concealed Exculpatory Evidence and New Palm Print Evidence Frees Wrongfully Convicted Man After 21 Years in Prison by Douglas Ankney by Douglas Ankney In April 2021, Jonathan Smith, Sr. was freed after serving nearly 21 years in prison for a murder he did not commit. Last year, the Maryland Court …
Article • September 15, 2021 • from CLN October, 2021
FBI Fails to Track Police Use of Force by Jayson Hawkins by Jayson Hawkins The summer of 2020 was a moment marked by extremes—vast populations around the world were quarantined in their homes for months, interrupted by an eruption of millions onto the streets to protest the killing of George …
Article • September 15, 2021 • from CLN October, 2021
Seventh Circuit: Cronic Doesn’t Provide Exclusive Situations for its Application, Finds Attorney Abandonment at Sentencing Despite Counsel Being Physically Present by Dale Chappell by Dale Chappell In a case where a defendant’s lawyer was present at sentencing but did “absolutely nothing” to help him, the U.S. Court of Appeals for …
Article • September 15, 2021 • from CLN October, 2021
Study Finds Lack of Uniformity in New DNA Technology by Jayson Hawkins by Jayson Hawkins Forensic DNA evidence has been used since the 1980s. Public confidence and familiarity with this method grew in the wake of the O.J. Simpson trial and the popularity of television police procedural shows, but the …
Article • September 15, 2021 • from CLN October, 2021
Law Enforcement Underwhelmed by Clearview AI by Anthony Accurso by Anthony W. Accurso Clearview AI, controversial facial recognition software being pitched to law enforcement agencies, bills itself as being “the most accurate facial identification software worldwide,” but first-hand reports from police departments reflect the program’s near uselessness. Clearview has been …
Ninth Circuit: IAC Under Strickland Satisfies Rhines’ ‘Good Cause’ Standard to Stay Federal Habeas Petition, Allowing Exhaustion of State Court Remedies by Dale Chappell by Dale Chappell Finding that the U.S. District Court for the District of Nevada applied the incorrect standard in denying a state prisoner’s request to stay …
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