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Article • June 15, 2021 • from CLN July, 2021
Seventh Circuit: Knowing and Intelligent Waiver of Miranda Rights Distinct and Separate Issue From Whether Statement Was Voluntary by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit held that the issue of whether an accused person’s waiver of his Miranda rights was knowing and …
Article • June 15, 2021 • from CLN July, 2021
Fifth Circuit: U.S.S.G. § 1B1.13 Policy Statement Not Applicable to Prisoner’s Motion for Compassionate Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the Sentencing Commission’s policy statement in U.S. Sentencing Guidelines § 1B1.13 is inapplicable to a prisoner’s own motion …
Article • June 15, 2021 • from CLN July, 2021
Illinois Supreme Court: Motion to Suppress Statements Granted Where Police Prolonged Traffic Stop to Investigate Offenses Unrelated to the Stop by Douglas Ankney by Douglas Ankney The Supreme Court of Illinois affirmed a decision of the appellate court that ruled a motion to suppress inculpatory statements should have been granted …
Article • June 15, 2021 • from CLN July, 2021
Baltimore and St. Louis ‘Shoot Down’ Spy Planes by Douglas Ankney by Douglas Ankney In recent months, Baltimore and St. Louis city officials voted unanimously to spare their residents from further invasions of their privacy by terminating a “panoptic aerial surveillance system” that was designed to protect soldiers on the …
Article • June 15, 2021 • from CLN July, 2021
Filed under: Confrontation Clause
First Circuit: Government’s Mention of Co-Defendant’s Guilty Plea Before Jury Was Confrontation Clause Violation Warranting New Trial by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the First Circuit upheld the U.S. District Court for the District of Massachusetts’ order granting a new trial after the prosecutor …
Article • June 15, 2021 • from CLN July, 2021
Filed under: Habeas Corpus, AEDPA
SCOTUS Reaffirms Habeas Court Must Consider Entire Record Before ‘Disturbing’ a State Criminal Judgment by Dale Chappell by Dale Chappell In a case without oral argument, the Supreme Court of the United States (“SCOTUS”) summarily reversed the grant of a new trial to a state prisoner on March 29, 2021, …
Article • June 15, 2021 • from CLN July, 2021
West Virginia Supreme Court: Emergency Protective Order Not De Facto Search Warrant by Douglas Ankney by Douglas Ankney The Supreme Court of West Virginia held that an Emergency Protective Order (“EPO”) issued pursuant to West Virginia Code § 48-27-403 (2006) (“EPO Statute”) is not a de facto search warrant. Jeffery …
Article • May 15, 2021 • from CLN June, 2021
Tenth Circuit: Firearm Seizure Not Justified After Inventory Search Is Abandoned by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Tenth Circuit held that a police officer’s seizure of a firearm from a vehicle was unreasonable because an inventory of the vehicle was abandoned, and the …
Article • May 15, 2021 • from CLN June, 2021
Study Shows Innocent People Choose False Guilty Pleas and False Testimony to Gain Benefits by David Reutter by David M. Reutter A study into human tendencies concluded “that the risk of the innocent pleading guilty and falsely implicating others is real and that it is a global phenomenon – one …
Article • May 15, 2021 • from CLN June, 2021
Washington Supreme Court Reaffirms Workman’s Lesser Included Offense Test and Clarifies Confusion in its Application by Douglas Ankney by Douglas Ankney The Supreme Court of Washington reaffirmed that State v. Workman, 584 P.2d 382 (Wash. 1978), provides the appropriate test in determining whether a defendant is entitled to a lesser …
Article • May 15, 2021 • from CLN June, 2021
Report: Police More Aggressive at Leftwing Rallies by Kevin Bliss by Kevin Bliss New data collected this past spring show that police have been more likely to use force against leftwing protests than rightwing. Black Lives Matter (“BLM”) protests were three times more likely to see police violence than Stop …
Article • May 15, 2021 • from CLN June, 2021
Eleventh Circuit: Lawyer’s Purposeful Late Filing of Habeas Petition Grounds for Equitable Tolling by Dale Chappell by Dale Chappell In a case where habeas counsel purposely waited until it was too late to file a federal habeas corpus petition, the U.S. Court of Appeals for the Eleventh Circuit held on …
Washington Supreme Court Announces State’s Strict-Liability Drug Possession Law Is Unconstitutional by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Washington held that the state’s strict-liability drug possession law, codified at RCW 69.50.4013(1), is unconstitutional. Shannon Blake was arrested in connection with an …
Article • May 15, 2021 • from CLN June, 2021
California Supreme Court Announces Conditioning Pretrial Release on Ability to Afford Bail Unconstitutional by Douglas Ankney by Douglas Ankney In landmark decision, the Supreme Court of California substantially limited conditions where trial courts may require money bail. Kenneth Humphrey, 66, was accused of robbing his 79-year-old neighbor of seven dollars …
Article • May 15, 2021 • from CLN June, 2021
Ohio Supreme Court: Touching ‘Fog Line’ Doesn’t Justify Traffic Stop by Douglas Ankney by Douglas Ankney In a case of first impression for the Supreme Court of Ohio, it held that “driving on” or “touching” the single solid white longitudinal line on the right-hand edge of a roadway (aka “fog …
Article • May 15, 2021 • from CLN June, 2021
Sixth Circuit Follows Trend of Reigning in Commentary’s Impermissible Expansion of Sentencing Guidelines by Douglas Ankney by Douglas Ankney A decision of the U.S. Court of Appeals for the Sixth Circuit followed a trend among the federal circuits in declaring it impermissible for the commentary to the U.S. Sentencing Guidelines …
Article • May 15, 2021 • from CLN June, 2021
Filed under: News in Brief
News in Brief by California: On March 12, 2021, federal prosecutors in California unsealed indictments against a pair of policemen accused of pocketing cash and drugs confiscated from suspects they pulled over in traffic stops. According to a report by Law & Crime, former Rohnert Park Police Department officers Brendon …
Article • May 15, 2021 • from CLN June, 2021
Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada held that “the State properly charges a defendant with only a single violation of NRS 202.360(1)(b) when it …
Article • May 15, 2021 • from CLN June, 2021
Colorado Supreme Court Suppresses Evidence on Cellphone Obtained Via Invalid Warrant, Not Cured by Obtaining Second Valid Warrant by Anthony Accurso by Anthony Accurso The Supreme Court of Colorado denied the People’s appeal when it determined the prosecution failed to carry its burden in establishing the independent source doctrine applied …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Public Records, Internet
Online Records Impose Digital Punishment for Millions by Anthony Accurso by Anthony Accurso A recent analysis, published in the Law & Social Inquiry Journal, demonstrates how the online availability of law enforcement and court databases amounts to “digital punishment,” including for many persons who were merely arrested for, but never …
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