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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 …
Article • September 15, 2021 • from CLN October, 2021
Wisconsin Supreme Court: Officer’s Retention of Driver’s License Without Reasonable Suspicion to Delay Until Arrival of Drug Dog Constitutes Unlawful Seizure by Anthony Accurso by Anthony W. Accurso The Supreme Court of Wisconsin held that an officer who retained a motorist’s driver’s license without any reasonable suspicion of criminal activity—for …
Article • September 15, 2021 • from CLN October, 2021
Tenth Circuit: Warrant Authorizing Search for Items ‘Involved in Crime’ Violates Fourth Amendment’s Particularity Requirement, Not Saved by Doctrine of Severability by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit held that a search warrant authorizing seizure of “any item identified as being …
Article • September 15, 2021 • from CLN October, 2021
Filed under: Drug Overdose, War on Drugs
The Legacy of Len Bias by Jayson Hawkins How death of basketball star helped launch unjust war on drugs by Jayson Hawkins On June 19, 1986, Len Bias died of cardiac arrhythmia caused by a cocaine overdose. Bias was a basketball superstar at the University of Maryland and had been …
Article • September 15, 2021 • from CLN October, 2021
North Dakota Supreme Court Holds Attempted Knowing Murder Is Non-Cognizable by Matthew Clarke by Matt Clarke The Supreme Court of North Dakota reversed the denial of a motion for postconviction relief challenging a conviction for attempted knowing murder after holding it was a non-cognizable offense. Lorenzo Pemberton was staying at …
Article • September 15, 2021 • from CLN October, 2021
Massachusetts Supreme Court Revisits Lougee and Announces Framework for Determining When Pretrial Detention Prolonged Due to COVID Violates Due Process by Douglas Ankney by Doug Ankney The Supreme Judicial Court of Massachusetts (“SJC”) announced the framework for deciding whether a defendant’s due process rights were violated where the defendant’s pretrial …
Article • September 15, 2021 • from CLN October, 2021
California Court of Appeal: § 1170.95(e) Permits Trial Courts to Redesignate More Than One Underlying Felony in Resentencing Vacated Felony-Murder Conviction by Douglas Ankney by Doug Ankney The Court of Appeal, First Appellate District, Division Three ruled that § 1170.95(e) permits a vacated felony-murder conviction to be redesignated as more …
Article • September 15, 2021 • from CLN October, 2021
North Carolina Court Rules That Felons Not in Prison Must Be Allowed to Vote by Chuck Sharman by Chuck Sharman On August 23, 2021, in a decision that immediately enfranchised some 55,000 North Carolinians, a state court ruled that felons released from prison on supervision may not be barred from …
Article • September 15, 2021 • from CLN October, 2021
Seventh Circuit: Prosecutor’s Comments Not Supported by Evidence Denied Defendant Fair Trial, Affirms Habeas Relief by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held that a prosecutor’s closing comments about the State’s own witness were so harmful to the defendant that it affirmed …
Article • September 15, 2021 • from CLN October, 2021
Arizona Supreme Court: Trial Courts Have Broad Discretion to Disqualify Entire Prosecutor’s Office Based on Appearance of Impropriety by Douglas Ankney by Douglas Ankney  In a case of first impression, the Supreme Court of Arizona held that trial courts have broad discretion to vicariously disqualify a prosecutor’s office based on …
Article • September 15, 2021 • from CLN October, 2021
Wyoming Supreme Court: Fleeing Into Home After Traffic Offense Not Exigent Circumstance Justifying Warrantless Entry by Anthony Accurso by Anthony Accurso The Supreme Court of Wyoming held that police lacked exigent circumstances required to justify warrantless entry to a suspect’s apartment where the suspect was fleeing arrest for a traffic …
Article • September 15, 2021 • from CLN October, 2021
SCOTUS: ‘Exceeds Authorized Access’ Under the CFAA Means Accessing Areas of Computer That Are Off-Limits on Computer Otherwise Authorized to Access by Douglas Ankney by Doug Ankney The Supreme Court of the United States (“SCOTUS”) held that for purposes of 18 U.S.C. § 1030(a)(2), the Computer Fraud and Abuse Act …
Fourth Circuit: Sentence Vacated for Failure to Properly Analyze Leadership Role Factors by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Western District of Virginia committed a procedural error where it applied a leadership role enhancement …
Article • September 15, 2021 • from CLN October, 2021
Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held that a district court is authorized to correct an erroneous career offender enhancement when a defendant …
Article • September 15, 2021 • from CLN October, 2021
Hawaii Supreme Court: Trial Counsel Must Inform Defendant That Deportation ‘Will Be Required’ for Plea to Aggravated Felony, IAC for Advising Deportation ‘Almost Certain’ by David Reutter by David M. Reutter THe Supreme Court of Hawaii held where defendant was precluded from discretionary relief from deportation as result of her …
Article • September 15, 2021 • from CLN October, 2021
Study: Innocent Children Likely to Plead Guilty by David Reutter by David M. Reutter The developmentally immature decision-making decisions of child defendants makes them “likely to be systematically pleading guilty to crimes that they did not commit in predictable circumstances,” concluded a study by Rebecca K. Helm from England’s University …
Article • September 15, 2021 • from CLN October, 2021
Fourth Circuit: District Court Must Recalculate Guidelines Sentencing Range and Conduct Analysis of § 3553(a) Factors Even if Same Sentence Would Be Imposed Under First Step Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the …
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