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Article • September 15, 2022 • from CLN October, 2022
Forensic Psychiatrist Questions the Value of Memory by Jayson Hawkins by Jayson Hawkins Eyewitness testimony is often central to criminal trials, and even though the quality of that testimony has repeatedly come under fire in the age of DNA-based exonerations, the value of eyewitness accounts has not diminished. This value …
Article • September 15, 2022 • from CLN October, 2022
Filed under: Informants
Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions by Jacob Barrett, Dale Chappell by Jacob Barrett and Dale Chappell The general public’s familiarity with the government’s use of informants in criminal proceedings is largely confined to movies and TV documentaries. Yet, every year, …
Article • September 15, 2022 • from CLN October, 2022
Hawai’i Supreme Court Announces Medical ‘Rule-Out Questions’ Prior to Field Sobriety Test Are Interrogation Triggering Miranda Requirements by Anthony Accurso by Anthony W. Accurso The Supreme Court of Hawai’i held that a defendant’s right not to incriminate herself under article I, section 10 of the Hawai’i Constitution was violated when …
Article • September 15, 2022 • from CLN October, 2022
The FBI’s Gestapo Tactics: Hallmarks of an Authoritarian Regime by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead This article was originally published by The Rutherford Institute on August 22, 2022. It is reprinted here with permission.   “We want no Gestapo or Secret Police. FBI is tending …
Article • September 15, 2022 • from CLN October, 2022
Filed under: Fifth Amendment, Miranda
SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment by Harold Hempstead by Harold Hempstead The Supreme Court of the United States (“SCOTUS”) held that a violation of the warnings provided for in Miranda v. Arizona, 384 U.S. 436 (1966), …
Article • September 15, 2022 • from CLN October, 2022
Fifth Circuit: Officer’s Testimony About CI’s Controlled Buy That He Did Not Personally Witness Violates Confrontation Clause by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Fifth Circuit vacated a Texas defendant’s drug conviction, concluding that the Government flouted his right to confront witnesses against him, …
Article • September 15, 2022 • from CLN October, 2022
SCOTUS Refuses to Extend Bivens Remedy to Either First Amendment Retaliation Claim or Fourth Amendment Excessive-Force Claim by Dale Chappell by Dale Chappell The Supreme Court of the United States (“SCOTUS”) held that a federal court may not extend the remedy it created over 50 years ago in Bivens v. …
Article • September 15, 2022 • from CLN October, 2022
Tech Giants Support Ban on Geofence and Reverse Keyword Warrants by Anthony Accurso by Anthony W. Accurso Google, Microsoft, and Yahoo issued a public statement via the trade organization, “Reform Government Surveillance,” supporting a bill before the New York State legislature that would prohibit the use of geofence and reverse …
Article • September 15, 2022 • from CLN October, 2022
Filed under: AEDPA
Seventh Circuit: Federal Habeas Corpus – AEDPA Time Limit Opens Door for Savings Clause Relief by Dale Chappell by Dale Chappell Expanding the savings clause yet again, the U.S. Court of Appeals for the Seventh Circuit held that the one-year time limit for filing a motion under 28 U.S.C. § …
Article • September 15, 2022 • from CLN October, 2022
Ohio Supreme Court: Amendment to Statute That Shifts Burden of Proof to State Regarding Self-Defense Applies to All Pending and New Trials After Effective Date, Regardless of When Alleged Crime Occurred by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held that 2018 House Bill 228’s (“H.B. 228”) …
Article • September 15, 2022 • from CLN October, 2022
Filed under: Child Pornography
USSC Report Highlights Problems with Sentencing in Child Porn Cases by Dale Chappell Why don’t federal judges follow the recommended sentences for child porn offenders? Here’s a government report answering that question. by Dale Chappell If Congress wants to complain that federal judges are “too lenient” on child pornography offenders, …
Article • September 15, 2022 • from CLN October, 2022
FBI Phone Hack May Have Monitored Americans in Operation Trojan Shield by Jayson Hawkins by Jayson Hawkins The tale reads like a Hollywood version of undercover police work, but Operation Trojan Shield really happened. The FBI was monitoring encrypted traffic on the “black devices” favored by criminals as soon as …
Article • September 15, 2022 • from CLN October, 2022
New Mexico Supreme Court Announces Judicial Misconduct May Bar Retrial Under Double Jeopardy Clause of State Constitution by Douglas Ankney by Douglas Ankney In a case of first impression, theNew Mexico Supreme Court (“NMSC”) announced that judicial misconduct may bar retrial under the double jeopardy clause of the New Mexico …
Article • September 15, 2022 • from CLN October, 2022
California Court of Appeal Announces Term ‘Actual Killer’ in Revised Felony-Murder Statute Refers to Person Who ‘Personally Killed’ Victim, Not Necessarily Same as Person Who ‘Caused’ Death, for Resentencing Purposes Under § 1170.95 by Matthew Clarke by Matt Clarke The Court of Appeal of California, Fourth Appellate District, held that …
Article • September 15, 2022 • from CLN October, 2022
Texas Court of Criminal Appeals: Warrant to Search Cellphone Must Establish Nexus Between Device and Offense Beyond ‘Boilerplate’ Language About Cellphones Being Ubiquitous and Used in Crimes by Anthony Accurso by Anthony W. Accurso The Court of Criminal Appeals of Texas held that a warrant affidavit failed to link a …
Article • September 15, 2022 • from CLN October, 2022
California Court of Appeal Vacates Conviction Because Generic Immigration Consequences Warning Insufficient for Defendant to Understand Mandatory Immigration Consequences as a Result of Guilty Plea by David Reutter by David M. Reutter The Court of Appeal of California, Third Appellate District, reversed a defendant’s 2010 conviction for possession for sale …
Article • September 15, 2022 • from CLN October, 2022
California Court of Appeal: Defendant’s ‘Novel Interpretation’ of Pen. Code § 1203.01 Entitles Him to Have Trial Court Consider Motion to Correct Post-Judgment Record 40 Years After Conviction Final by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, ruled that Glenn Douglas Crites was …
SCOTUS Announces Government Must Prove Physicians in § 841 Prosecutions ‘Knowingly and Intentionally’ Exceeded Their Authorization to Prescribe Controlled Substances, Such as Opioids by Harold Hempstead by Harold Hempstead The Supreme Court of the United States (“SCOTUS”) held that 28 U.S.C. § 841’s “knowingly or intentionally” mens rea requirement applies …
Article • September 15, 2022 • from CLN October, 2022
Filed under: First Step Act
Third Circuit Announces First Step Act Applies Retroactively to Defendant Whose Pre-Act Sentence Vacated After Act’s Enactment by Harold Hempstead by Harold Hempstead The U.S. Court of Appeals for the Third Circuit joined the Fourth, Seventh, and Ninth Circuits regarding the retroactivity of the First Step Act of 2018 (“FSA”) …
Article • September 15, 2022 • from CLN October, 2022
Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar by Dale Chappell by Dale Chappell In a decision that further narrows the federal habeas corpus remedy, a divided panel of the U.S. Court of Appeals for the Fifth Circuit held that …
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