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Article • July 15, 2022 • from CLN August, 2022
Commentary: Exploring Implications of the Supreme Court’s Expansion of Second Amendment Rights by Professor Douglas A. Berman by Douglas A. Berman This content was originally published on sentencing.typepad.com, as three distinct blog postings on June 23 and 24, 2022, and included several embedded hyperlinks to research referenced. The posts have …
Article • July 15, 2022 • from CLN August, 2022
Illinois Limits Police Access to Data Stored by Third Parties by Anthony Accurso by Anthony W. Accurso Illinois recently passed the Protecting Household Privacy Act (“PHPA”), which limits state law enforcement access to data stored by third parties, i.e., companies like Google and Facebook, requiring warrants in most circumstances, and …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Police Misconduct
NYPD Continues Its Longstanding Tradition of Thwarting Misconduct Investigations and Evading Accountability by Douglas Ankney by Douglas Ankney New York City’s Police Department (“NYPD”) has been described by journalists as being worse than the CIA and FBI when it comes to record requests. According to techdirt.com, the FBI and the …
Article • July 15, 2022 • from CLN August, 2022
Nebraska Company Providing Digital Wiretaps of Messaging Platforms to Law Enforcement Agencies by Anthony Accurso by Anthony W. Accurso PenLink, a Nebraska company, is filling the void in the U.S. of private companies that help law enforcement agencies—mostly federal, but some local as well—accomplish the digital equivalent of wiretapping communications …
Article • July 15, 2022 • from CLN August, 2022
California Court of Appeal: Gang Enhancements Remanded for Retrial Under AB 333; Sameness Requirement Satisfied by The court of appeal of California, Fifth Appelate District, struck gang and firearm enhancements based upon the retroactive application of Assembly Bill 333 (2021–2022 Reg. Sess.)(“AB333”). The Court also concluded that retrial of the …
Article • July 15, 2022 • from CLN August, 2022
California Supreme Court Announces Uncharged Lesser Firearm Enhancement May Be Substituted Under § 12022.53 by Mark Wilson by Mark Wilson The Supreme Court of California held that sentencing courts have the authority to strike a firearm enhancement and substitute a lesser uncharged statutory enhancement. California Penal Code § 12022.53, the …
Eighth Circuit: Government Breached Plea Agreement by Relying on Pre-Plea Conduct to Dispute Acceptance of Responsibility Despite Acknowledging Defendant Qualified for Credit in Agreement by Richard Resch by Richard Resch The U.S. Court of Appeals for the Eighth Circuit held the Government breached its plea agreement with the defendant by …
Article • July 15, 2022 • from CLN August, 2022
Maryland Court of Appeals: Kazadi Applies to Cases Where Issue Was Preserved at Trial but Appeal Not Yet Noted at Time Kazadi Decided by Douglas Ankney by Douglas Ankney The Court of Appeals of Maryland (“MCOA”) held that its holding in Kazadi v. State, 223 A.3d 554 (Md. 2020) applies …
Article • July 15, 2022 • from CLN August, 2022
Colorado Supreme Court Announces ‘Reasonable Likelihood’ Framework for Determining Whether Trial Court’s Comments to Prospective Jurors Lowered Prosecution’s Burden of Proof by Douglas Ankney by Douglas Ankney In companion cases, the Supreme Court of Colorado adopted the functional “reasonable likelihood” framework for determining whether a trial court’s comments to prospective …
California Supreme Court Announces Conspiracy to Commit Home Invasion Robbery Not Subject to Enhancement to Indeterminate Life Sentence Under Penal Code § 186.22(b)(4) by Matthew Clarke by Matt Clarke The Supreme Court of California held that conspiracy to commit home invasion robbery is not subject to enhancement to an indeterminate …
Article • July 15, 2022 • from CLN August, 2022
Fifth Circuit: District Court Miscalculated Sentencing Guidelines Range by Implausibly Finding Defendant Would Use All Cash Proceeds of Drug Sales Seized to Purchase More Meth to Resell by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the U.S. District Court for the …
Article • July 15, 2022 • from CLN August, 2022
Sixth Circuit: COA Not Required to Appeal Order Denying Rule 4(a)(5) Motion for Extension of Time to File Notice of Appeal by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that a Certificate of Appealability (“COA”) is not required when appealing a district …
Brief • July 12, 2022
Estate of Williamson v. Armor Correctional Health Services, Inc, FL, Complaint, 2022 Filing # 153167753 E-Filed 07/12/2022 02:17:23 PM IN THE CIRCUIT COURT IN AND FOR SANTA ROSA COUNTY, FLORIDA 1''1.KST J Ulllt;IAL t;IKt;UlT CIVIL DIVISION BOBBY JAMES WILLIAMSON, JR., individually, and as Personal Representative of the Estate of MISTY …
Brief • July 11, 2022
Shidler v. County of San Bernardino, CA, Settlement, Wrongful Death, 2022 Tammy Shidler and Gary Shidler, et al. v. County o/San Bernardino, et al. Case No. 5: l 9-cv-00503-AB-SHK SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settkment Agreement and Rcle:Jse (hercinaHer "Ag1·eement") is intended to constitute an enforceable contract …
Filing • July 8, 2022
Prison Legal News v. Ryan, AZ, Ninth Circuit Opinion, PLN Censorship, 2022 Case 2:15-cv-02245-ROS Document 341-1 Filed 08/01/22 Page 1 of 28 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PRISON LEGAL NEWS, a project of: other Human Rights Defense Center, Plaintiff-Appellee, v. CHARLES L. RYAN, in …
Brief • July 6, 2022
Filed under: Failure to Treat
Richard v. Pfister, IL, Satisfaction of Judgment, Denial of Medical Care, 2022 Case: 1:17-cv-04677 Document #: 217 Filed: 07/06/22 Page 1 of 3 PageID #:2603 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION WILLIAM H. RICHARD, Plaintiff, No. 17 C 4677 v. Hon. Judge Thomas M. …
Brief • July 5, 2022
Bartman v. Slaughter, MT, Complaint, Failure to Protect, 2022 Case 4:22-cv-00063-BMM-JTJ Document 1 Filed 07/05/22 Page 1 of 13 Timothy M. Bechtold BECHTOLD LAW FIRM, PLLC 317 East Spruce Street P.O. Box 7051 Missoula, MT 59807 406-721-1435 tim@bechtoldlaw.net Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT …
Brief • July 5, 2022
Snorsky v. Raemisch, CO, Complaint, Failure to Protect, 2022 Case No. 1:18-cv-03025-KAS Document 178 filed 07/05/22 USDC Colorado pg 1 of 73 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:18-cv-03025-KLM JOHN SNORSKY, Plaintiff, v. LESLIE BEELER, NAMON CHASE, AUSTIN CHRESTENSEN, DANIEL DENT, SIMON …
Article • July 1, 2022
Filed under: Police Misconduct, FBI
Louisville Metro Police Indulging in Misconduct Since 2017 Keeps the FBI Busy by Jo Ellen Nott by Jo Ellen Nott Starting with a sex abuse scandal in 2017, the Louisville Metro Police Department has managed to draw the attention of the feds for a range of misconduct from wrongfully killing …
Article • July 1, 2022
Black Man Lies Paralyzed in Hospital Bed After Negligent Transport by Cops by Jo Ellen Nott by Jo Ellen Nott A hard stop by a police transport van snapped the neck of Richard Cox, 36, of New Haven, Connecticut, leaving him paralyzed on June 19, 2022.  Cox had been arrested …
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