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Article • February 1, 2025 • from CLN February, 2025
Ninth Circuit Announces ‘Hate Crime’ Sentence Enhancement Under Guidelines § 3A1.1(a) Requires Finding Defendant Motivated by Hate or Animus by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit clarified the circumstances under which a U.S. District Court may impose a “hate crime” enhancement pursuant …
The Murky Waters of Parole by David Reutter by David M. Reutter In most states, the grant of parole is an act of grace. The systems of parole vary amongst the states, but one thing is certain—prisoners have high hopes when they come under review. Another certainty, at least in …
Article • February 1, 2025 • from CLN February, 2025
Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints by Anthony Accurso by Anthony W. Accurso Desorption electrospray ionization, a type of mass spectrometry (“DESI-MS”), is being studied as a way to analyze overlapping or weak fingerprints, solving an age-old problem of evidence quality. For over a …
Article • February 1, 2025 • from CLN February, 2025
Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Minnesota affirmed a Court of Appeals (“COA”) decision holding that a …
Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit granted a federal prisoner’s 28 U.S.C. § 2255 motion for habeas …
Article • February 1, 2025 • from CLN February, 2025
Filed under: Forensic Sciences
New AI Tool Harnesses Microbiomes for Forensic and Medical Breakthroughs by Jo Ellen Nott by Jo Ellen Nott A research team at Sweden’s Lund University unveiled an AI-driven system in a paper first released on October 7, 2024, titled “Microbiome Geographic Population Structure (mGPS) Detects Fine-Scale Geography.” mGPS uses microorganisms …
Article • February 1, 2025 • from CLN February, 2025
Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or Plea Hearing by Sam Rutherford by Sam Rutherford The Supreme Judicial Court of Massachusetts held that a defendant did not knowingly and …
Article • February 1, 2025 • from CLN February, 2025
First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners by Jo Ellen Nott by Jo Ellen Nott The First Step Act (“FSA”), enacted in 2018, aimed to reduce recidivism and reform federal sentencing practices. A recent report by the Council on Criminal Justice (“CCJ”) showed modest …
Eleventh Circuit: Asylee’s Florida Convictions for Marijuana Possession and Lewd and Lascivious Battery Do Not Warrant Removal Under INA by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Eleventh Circuit held that an asylee’s convictions in Florida state court for possession of marijuana under Fla. Stat. …
Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search by Anthony Accurso by Anthony W. Accurso The Supreme Court of Illinois invalidated an officer’s search of a vehicle and held that the odor of burnt cannabis, on its own, …
Article • February 1, 2025 • from CLN February, 2025
Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA by Dale Chappell by Dale Chappell If you’re reading this, you’re probably looking to understand how to challenge your state court conviction in federal court. Federal habeas corpus petitions give you that chance, but since 1996, the path has gotten …
California Court of Appeal Strikes Prison Prior Enhancement for Invalid Predicate Offense Under § 1172.75 Despite Concurrently Served Valid Predicate by Sam Rutherford by Sam Rutherford The California Court of Appeal, Fourth Appellate, held that a defendant’s prison prior enhancement based on an offense that may no longer serve as …
Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case by Sam Rutherford by Sam Rutherford The Criminal Court of Appeals of Texas, the state’s highest court in criminal cases, granted a prisoner’s habeas corpus petition based on advances in science that undermined the validity of evidence …
Article • February 1, 2025 • from CLN February, 2025
Study Highlights Limitations in Forensic DNA Analysis Involving Lower Genetic Diversity Groups by Jo Ellen Nott by Jo Ellen Not A University of Oregon study, “Decreased accuracy of forensic DNA mixture analysis for groups with lower genetic diversity” published in Volume 27, Issue 11, 111067 of iScience in November 2024 …
Article • February 1, 2025 • from CLN February, 2025
Colorado Bureau of Investigation Admits Over 1,000 Cases Affected by DNA Test Misconduct by James Mills by James Mills The Colorado Bureau of Investigation (“CBI”) announced that more than 1,000 cases could be affected by the systematic deletion and falsification of data by forensic scientist Yvonne “Missy” Woods. Woods was …
Article • February 1, 2025 • from CLN February, 2025
Chicago’s Police Body Cam Transparency by Michael Thompson by Michael Dean Thompson Police body cameras were full of promise. After several high-profile police killings, people turned to body cams for a solution. It makes sense. Cameras were already recording an increasing number of incidents as civilians witnessed events that poorly …
Article • February 1, 2025 • from CLN February, 2025
Careful What You Search For by Michael Thompson by Michael Dean Thompson Don’t ask Google this simple question: “Are Bengal cats legal in Australia?” That is the gist of an urgent warning on cybersecurity firm Sophos’ website. People who have clicked on the resulting links have had their personal information …
Article • February 1, 2025 • from CLN February, 2025
Filed under: News in Brief
News in Brief by Arizona: Phoenix resident Penny McCarthy, 66, endured a terrifying ordeal after United States Marshals arrested her at gunpoint in her home, mistaking her for a fugitive, according to KNXV. Body camera footage shows officers refusing to confirm her identity despite McCarthy repeatedly asking them. “I truly …
Article • February 1, 2025 • from CLN February, 2025
Surveilling the Harms of Electronic Monitors by Michael Thompson by Michael Dean Thompson The U.S. has a dark carceral history that has led to its maintenance of one of the highest incarceration rates in the world. Advocates for electronic monitoring (“EM”) have often made the claim that it could reduce …
SCOTUS Announces Confrontation Clause Prohibits Expert Witness From Testifying About Non-­Testifying Expert’s Statements Regarding Forensic Testing Performed by Non-­Testifying Expert in Support of Testifying Expert’s Opinion Testimony at Trial by Sam Rutherford by Sam Rutherford The Supreme Court of the United States unanimously held that the Sixth Amendment’s Confrontation Clause …
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