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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
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 • August 15, 2022 • from CLN September, 2022
$670,000 Awarded to Use Virtual Reality to Evaluate Eyewitness Accuracy by Jacob Barrett by Jacob Barrett The National Science Foundation (“NSF”) awarded University of Arkansas Professor James Lampinen, and a  team of researchers, just under$670,000 to study the relationship between eyewitness confidence and accuracy across a range of variables using …
Article • August 15, 2022 • from CLN September, 2022
California Court of Appeal: Assembly Bill 124 Applies Retroactively and Includes Psychological Trauma Based Upon Mental Illness as Mitigating Factor Under § 1170(b)(6) by Harold Hempstead by Harold Hempstead On April 8, 2022, the Court of Appeal of California, Fifth Appellate District, held that Assembly Bill No. 124 (2021-2022. Reg. …
Article • August 15, 2022 • from CLN September, 2022
Filed under: junk science
Law Enforcement Refuse to Admit Most Forensic Science Is Junk Science by Casey Bastian by Casey J. Bastian In modern America, the idea of forensic “science” being infallible has nearly made it a form of religion to many. And our justice systems perpetuate the idea that “expert” witnesses use forensic …
Article • August 15, 2022 • from CLN September, 2022
Indirect DNA Transfer Can Result in Miscarriages of Justice by David Reutter DNA Evidence Is Not as Infallible in Identifying Perpetrator as Most Believe by David M. Reutter Deoxyribonucleic acid (“DNA”) is regarded as the “gold standard” of forensic evidence. It is considered to be virtually indisputable evidence by juries …
Filing • June 27, 2022
HRDC v. St. Joseph County, IN, USDC, Complaint, Censorship, 2022 USDC IN/ND case 3:22-cv-00489 document 1 filed 06/27/22 page 1 of 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION HUMAN RIGHTS DEFENSE CENTER, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. …
Brief • June 22, 2022
Filed under: Public Records
Tremaine v. USCBP, WA, Settlement, Denial of Records, 2022 1 Chief District Judge Ricardo S. Martinez 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 11 12 DAVIS WRIGHT TREMAINE LLP, Plaintiff, v. CASE NO. 2:19-cv-334-RSM SETTLEMENT AGREEMENT UNITED STATES …
Article • June 15, 2022 • from CLN July, 2022
Texas Court of Criminal Appeals Announces Overruled Motion for New Trial May Be Amended With Court’s Leave Within 30-Day Period After Sentenced Imposed by Matthew Clarke by Matt Clarke The Court of Appeals of Texas held that a motion for a new trial that has been overruled by the trial …
Article • June 15, 2022 • from CLN July, 2022
Expert Forensic Testimony Flawed by Implicit Racial Bias by Casey Bastian by Casey J. Bastian The unnecessary deaths of George Floyd and Breonna Taylor are examples of incidents that have raised public awareness and hastened conversations about racial bias in the criminal justice system. Reforms in policing have received the …
Article • June 15, 2022 • from CLN July, 2022
Cop Training Other Cops to Use Facial Recognition to ID Individuals During Traffic Stops by Anthony Accurso by Anthony W. Accurso Maryland Detective Nick Jerman was featured in a July 2021 episode of the Street Cop Podcast in which he teaches officers to use subterfuge and publicly available facial recognition …
Publication • 2022
Filed under: Costs
Debt Free Justice California-Civil Assessments-The Hidden Court Fee That Penalizes Poverty, March 2022 March 2022 [FL: Debt Free Justice California IDDE FEES ■ c:::::=::::===:::::::i ■ c:::::==:::::::i CIVIL ASSESSMENTS: The Hidden Court Fee that Penalizes Poverty Acknowledgements Contributors Lawyers’ Committee for Civil Rights of the San Francisco Bay Area Legal Director, …
Publication • 2022
US Court of Appeals -Section 1983 Outline-2022 United States Court of Appeals for the Ninth Circuit Office of Staff Attorneys Section 1983 Outline Updated 2022 Office of Staff Attorneys United States Court of Appeals for the Ninth Circuit This outline is intended for use as a starting point for research. …
Article • May 15, 2022 • from CLN June, 2022
Idaho Supreme Court Announces Prospectively Testimony by Drug Recognition Expert Requires State to Comply With Expert Witness Disclosure Requirements of Rule 16(b)(7) by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho announced, “that henceforth, testimony from drug recognition expert requires the state to comply with the expert witness …
Filmmaker Got Back His $69,000 ‘Stolen’ by DEA Agent, Plus a $15,000 Settlement by Harold Hempstead by Harold Hempstead In August 2021, the U.S. Government agreed to pay Keddins Etiennes, an independent filmmaker, a $15,000 settlement, in addition to the approximately $69,000 they previously returned to Etiennes, that DEA Agent …
Article • May 15, 2022 • from CLN June, 2022
New RECOVER Fingerprint Technology Used to Solve 1983 Cold Case by Casey Bastian by Casey J. Bastian Forensic technologies are constantly being innovated in an ongoing effort to correctly solve crimes and create a better justice system. Identifying the correct suspect is vital to administering true justice. The sole detective …
Article • May 15, 2022 • from CLN June, 2022
Federal Habeas Corpus: Post-Filing Procedures in Seeking Habeas Relief by Dale Chappell by Dale Chappell After you’ve filed your petition for habeas relief in federal court, you may decide to take further actions, such as filing a motion to “stay” your proceedings, to appoint counsel, or to release you on …
Article • May 15, 2022 • from CLN June, 2022
New York Court of Appeals: Frye Hearing Required to Determine Admissibility of DNA Evidence Generated by Proprietary Forensic Statistical Tool by Douglas Ankney by Douglas Ankney The Court of Appeals of New York reversed an order of the Appellate Division that had affirmed a trial court’s order denying a hearing …
Article • May 1, 2022 • from CLN May, 2022
The Pseudoscientific Practice of Blood Spatter Analysis How the Desire for Convictions Drives Flawed Prosecutions by Anthony Accurso by Anthony W. Accurso The forensic science known as Bloodstain Pattern Analysis (“BPA”)—a.k.a. blood spatter analysis—is undergoing significant development after being the object of intense criticism regarding its reliability in the context …
Article • May 1, 2022 • from CLN May, 2022
Seventh Circuit: Four-Year Delay in Filing Appeal Excused Habeas Exhaustion Requirement Because Any Further Attempts for Postconviction Remedies in State Court Would Have Been Futile by Dale Chappell by Dale Chappell Waiting more than four years for a Wisconsin state court to hear a defendant’s appeal was “ineffective to protect …
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