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Article • May 15, 2021 • from CLN June, 2021
New Hampshire Supreme Court: Defendant Had Subjective and Objective Expectation of Privacy in Apartment Building’s Utility Closet in Common Areas, Evidence Suppressed by Anthony Accurso by Anthony Accurso The Supreme Court of New Hampshire held that a defendant had a reasonable expectation of privacy in his apartment’s utility closet and …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Statistics/Trends, Police
Study: Militarizing Police Doesn’t Shrink Crime Rates by Jayson Hawkins by Jayson Hawkins A study published in Nature Human Behavior found that the allocation of surplus military equipment (“SME”) to local police agencies had no effect on crime rates. Researchers also discovered that the Department of Defense records of the …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Errors and Omissions
Georgia Supreme Court: Cumulative Effect of Trial Errors Requires Reversal of Murder Conviction by Matthew Clarke by Matt Clarke The Supreme Court of Georgia unanimously held that the cumulative effect of several trial errors required the reversal of a murder conviction. Benjamin Finney, a drug dealer in Macon, Georgia, was …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Habeas Corpus, AEDPA
Fourth Circuit Finally Holds Davis Retroactive by Dale Chappell by Dale Chappell In a case that numerous federal habeas petitioners have been awaiting, the U.S. Court of Appeals for the Fourth Circuit held on February 23, 2021, that the decision in United States v. Davis, 139 S. Ct. 2319 (2019), …
Article • May 15, 2021 • from CLN June, 2021
Filed under: War on Drugs, Costs
The Costs of the War on Drugs by Jayson Hawkins by Jayson Hawkins Political efforts have been underway to withdraw troops and bring an end to America’s military involvement in Afghanistan. While this two-decade old conflict is considered by many to be the longest war in U.S. history, that ignores …
Article • May 15, 2021 • from CLN June, 2021
Tennessee Supreme Court Clarifies Inevitable Discovery Doctrine in Raid of Home to Execute Arrest Warrant by Anthony Accurso by Anthony Accurso In an opinion filed Feb. 23, 2021, the Supreme Court of Tennessee suppressed the evidence located during a sweep of defendant’s home because the search of the home was …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Settlements
$27 Million Settlement for George Floyd’s Family by Jayson Hawkins by Jayson Hawkins Incidents of police brutality are nothing new in the U.S. They occur with such regularity that it is easy to be overwhelmed by the statistics and hard to recall the specifics surrounding each one on the ever-lengthening …
Article • May 15, 2021 • from CLN June, 2021
Second Circuit: No Qualified Immunity for Police Detaining and Frisking Man Based Solely on Unconfirmed Hunch by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Second Circuit affirmed the U.S. District Court for the Southern District of New York’s denial of qualified immunity to police who …
Article • May 15, 2021 • from CLN June, 2021
Texas Court of Criminal Appeals: Speculation Insufficient to Trigger ‘Forfeiture by Wrongdoing’ Exception to Confrontation Clause by Dale Chappell by Dale Chappell In a case where the lower courts assumed a defendant prevented an alleged victim of domestic violence from appearing at trial as a witness to testify against him, …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Murder/Felony Murder
Felony Murder: The Crotchet of American Murder Jurisprudence by Douglas Ankney by Douglas Ankney Since the Supreme Court decided Gregg v. Georgia, 428 U.S. 153 (1976), the idea has been that death sentences are reserved for only those murders committed by the worst of the worst killers. But in August …
Article • May 15, 2021 • from CLN June, 2021
Comply or Die: The Only Truly Compliant Person in a Police State Is a Dead One by John W. Whitehead by John W. Whitehead and Nisha Whitehead, The Rutherford Institute – Commentary “If you don’t want to get shot, tased, pepper-sprayed, struck with a baton or thrown to the ground, …
Article • May 15, 2021 • from CLN June, 2021
Reverse Location Warrants Neglect Particularity Requirement by Casey Bastian by Casey J. Bastian Federal and state law enforcement agencies have been increasingly using mobile device data warrants as a modern investigative tool. Authorities present technology service providers, such as Google, with “reverse location” warrants seeking electronic data information of all …
Article • May 15, 2021 • from CLN June, 2021
Cops Increasingly Use Amazon Ring to Target Protestors by Dale Chappell by Dale Chappell Some peaceful protestor may not mind the police having video of their protected right to assemble and push for change. But then there are some who would rather not have their face uploaded to a law …
Article • May 15, 2021 • from CLN June, 2021
Debunked Bite-Mark Comparison Evidence: Wrongfully Convicted Man Freed After Spending Over 25 Years on Death Row by Casey Bastian by Casey J. Bastian Eddie Lee Howard, now 67, is a Black man who spent more than a quarter-century fighting not only to prove his innocence, but for his very life. …
Article • May 15, 2021 • from CLN June, 2021
$1.4 Million for Nevada Man Wrongly Imprisoned Over 20 Years by Dale Chappell by Dale Chappell After more than two decades behind bars for a murder he didn’t commit, Fred Steese walked into a Las Vegas courtroom on March 1, 2021, to be awarded $1.4 million by the state but …
Article • May 15, 2021 • from CLN June, 2021
Data: NYPD Still Using Chokeholds Despite Ban by Kevin Bliss by Kevin Bliss Chokeholds are considered deadly and explicitly prohibited according to the New York Police Department (“NYPD”) patrol guide. Yet in practice, low-grade punishment does little to prevent the maneuver from being used in abundance by police. ProPublica, a …
Article • May 15, 2021 • from CLN June, 2021
New Book Scrutinizes Data-Driven Policing by by Jayson Hawkins The protests in the summer of 2020 after the murder of George Floyd have succeeded in calling much of how American police operate into question. Though most of the focus has been on the use of deadly force, there have been …
Article • May 15, 2021 • from CLN June, 2021
Sixth Circuit Orders New Trial and Reassigns Case to Different Judge Where District Court’s Mishandling Deprived Defendants of Meaningful Opportunity to Prove Juror Bias by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit ordered a new trial and invoked its rarely used power to …
Article • May 15, 2021 • from CLN June, 2021
Massachusetts Supreme Judicial Court Invalidates Parole Regulation Prohibiting Aggregation of Life Sentences With Consecutive Sentences by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts held that 120 Code Mass. Regs. § 200.08(3)(c) (2017), a regulation promulgated by the Massachusetts Parole Board, is invalid because it “is contrary …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Cost of Prison Systems
Austin, Texas, Diverting Funds From Police to Transform Community by Edward Lyon by Ed Lyon Despite being the capital of the nation’s largest Red state, Austin, Texas, is as liberally Blue as a city can be, proudly sporting the motto “KEEP AUSTIN WEIRD.” Whether weird or empathetic, Austin has made …
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