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Texas Court of Criminal Appeals Clarifies Prejudice Standard for IAC Based on Faulty Probation Eligibility Advice Is an Effect on Defendant’s Decision Making, Not Different Outcome by Mark Wilson by Mark Wilson The Court of Criminal Appeals of Texas clarified the correct ineffective assistance of counsel (“IAC”) standard in cases …
Article • July 15, 2022 • from CLN August, 2022
Everybody’s Guilty: To the Police State, We’re All Criminals Until We Prove Otherwise by John W. Whitehead, Nisha Whitehead by John W. Whitehead & Nisha Whitehead “In a closed society where everybody’s guilty, the only crime is getting caught.” —Hunter S. Thompson The burden of proof has been reversed. No …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Prosecutorial Threats
Ohio Justice Calls for Plea Bargaining Reform to End ‘Sentencing by Ambush’ by David Reutter by David M. Reutter In an article that appeared in the Akron Law Review, Ohio Supreme Court Justice Michael P. Donnelly detailed his experience, concerns, and solutions to create a fair playing field in the …
Article • July 15, 2022 • from CLN August, 2022
FBI’s ‘Rich Neighborhood’ Breach Practice by Jayson Hawkins by Jayson Hawkins A judge hearing oral arguments in an insurance fraud appeal on April 7, 2022, stopped the proceedings when she discovered a “deeply troubling” item in the record: when serving a search warrant in a rich Washington, D.C. neighborhood, the …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Double jeopardy
Michigan Supreme Court Announces Punishment for Second-Degree Murder and Involuntary Manslaughter When Based on Same Conduct Violates Prohibition Against Double Jeopardy by Anthony Accurso by Anthony W. Accurso The Supreme Court of Michigan ruled that the Legislature intended that no person be punished under both the state’s second-degree murder statute, …
Article • July 15, 2022 • from CLN August, 2022
Your Data Is For Sale and Anonymization Is Meaningless by Anthony Accurso by Anthony W. Accurso Data brokers exist to buy bulk user data collected by advertising tech companies and resell it to other companies, government agencies, and the public. They claim this practice is harmless since the data has …
Article • July 15, 2022 • from CLN August, 2022
Filed under: News in Brief
News in Brief by California: The Daily News reported that two former police officers from Fullerton and Anaheim were indicted on counts of kidnapping while working illegally as bounty hunters. The former officers were Rodger Corbett, 49, formerly of the Fullerton PD and Kevin Pedersen, 34, formerly of the Anaheim …
Article • July 15, 2022 • from CLN August, 2022
Iowa Supreme Court: Warrantless Entry Into Home for Misdemeanor Arrest Violates Both U.S. and Iowa Constitutions and Requires Suppression of Evidence by Mark Wilson by Mark Wilson  The Supreme Court of Iowa held that the warrantless entry of an apartment to arrest the occupant on a misdemeanor charge was unlawful, …
Article • July 15, 2022 • from CLN August, 2022
Prosecutor’s Sentencing Message to Defendant: Insist on Trial, Pay with Your Liberty by David Reutter by David M. Reutter For persons inexperienced with the criminal justice system, it seems incomprehensible that an innocent person would plead guilty. The threat of a trial penalty, however, pushes many innocents to do just …
Article • July 15, 2022 • from CLN August, 2022
Maine’s Law Enforcement Agencies, Like Those of Most States, Don’t Track Complaints Against Police Officers by Douglas Ankney by Douglas Ankney The WMTW 8 Investigates Team partnered with the Maine Freedom of Information Coalition to review hundreds of documents and other data obtained from 135 Maine law enforcement agencies (“Agencies”). …
Article • July 15, 2022 • from CLN August, 2022
Chicago PD Emphasizing Facial Recognition for Investigations by Anthony Accurso by Anthony W. Accurso A report from Business Insider made public an internal Chicago Police Department (“CPD”) presentation that emphasizes the increasing use of facial recognition to identify suspects in investigations. Law enforcement agencies have been making a lot of …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Ethical Restraints
Quattrone Center Reveals Lack of Transparency Concerning Prosecutorial Misconduct Claims Report identifies over 7,000 instances of state attorney conduct that ‘did not comport’ with ethical, procedural, or legal rules by Casey Bastian by Casey J. Bastian Prosecutors are charged with the solemn duty to ensure our criminal justice systems function …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Traffic Stops, Suppression
Third Circuit Suppresses Evidence Found After Police Created Safety Concern to Justify Prolonging Traffic Stop by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Third Circuit held that prolonging a traffic stop, even for a short period of time, to ensure an officer’s safety is …
Article • July 15, 2022 • from CLN August, 2022
Police Often Use ‘Cover Charges’ to Mask False Arrests and Police Brutality by Casey Bastian by Casey J. Bastian Across America, “cover charges” are frequently alleged against citizens during encounters with police—especially when it’s a questionable “use of force” situation. Experts have identified a typical pattern involving this abusive tactic. …
Article • July 15, 2022 • from CLN August, 2022
Inflation Transforming Petty Offenses Into Felonies by Douglas Ankney by Douglas Ankney In the recent collective memory of Americans, $200 purchased almost 100 gallons of gasoline. Today, fewer than 50 gallons of gas can be purchased with that same $200. Two years ago, theft of that 50 gallons of gas …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Self-representation
Third Circuit: District Court’s Focus on Substance of Defendant’s Meritless Arguments in Denying Request to Represent Himself Resulted in Inadequate Inquiry Prior to Denial in Violation of Sixth Amendment by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Third Circuit held that U.S. District Court for …
Article • July 15, 2022 • from CLN August, 2022
Pennsylvania Supreme Court Clarifies Ex Post Facto Analysis Focuses on When, Not Where, Crime Occurred and Does Not Require Showing of Disadvantage to Defendant by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania held that the state’s sex-offender registry law constitutes punishment when imposed retroactively to sex offenders …
Article • July 15, 2022 • from CLN August, 2022
Hawai’i Supreme Court Holds Randomness and Violent Nature of Crime Alone Insufficient to Establish Exigent Circumstances for Warrantless Entry Into Suspect’s Home by Anthony Accurso by Anthony W. Accurso The Supreme Court of Hawai’i ruled that the apparent randomness and violent nature of the offense for which a suspect was …
Tenth Circuit: Guilty Plea Not Knowing and Voluntary Because Sentencing Court Failed to Ask Follow Up Questions After Defendant Said He’s Off His Medication and ‘Mind Isn’t Right’ by David Reutter by David M. Reutter The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s guilty plea after …
Article • July 15, 2022 • from CLN August, 2022
Fourth Circuit: South Carolina Marijuana Law Not a Categorical Match to Federal Law for ACCA Sentencing by David Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit held that a defendant’s convictions under South Carolina law for possession of marijuana with intent to distribute in …
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