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Texas Court of Criminal Appeals Announces Coty’s ‘Inference-of-Falsity’ Framework Extended to Apply to Police Officers With Established History of Falsifying Evidence in Drug Cases by Richard Resch by Richard Resch The Court of Criminal Appeals of Texas announced that the inference-of-falsity framework set forth in Ex parte Coty,418 S.W.3d 597 …
The Feds Are Monitoring Messaging Apps, and Some Are Shockingly Unsecure by Anthony Accurso by Anthony W. Accurso On January 7, 2021, the FBI published a document entitled “Lawful Access,” detailing what information is available from various online messaging platforms and providing guidance to various law enforcement agencies on how …
Article • June 15, 2022 • from CLN July, 2022
Cops in Virginia Beach Used Fake DNA Reports During Interrogations by Douglas Ankney by Douglas Ankney Apparently, cops in Virginia Beach are not troubled by a lack of DNA evidence when investigating crimes. Their remedy is to simply create fake certificates of analysis (“COA”) purported to be from the Virginia …
Article • June 15, 2022 • from CLN July, 2022
Filed under: Special Conditions
Tenth Circuit Vacates Special Conditions of Supervised Release Where District Court Failed to Make Appropriate Findings and Provide Adequate Explanation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit vacated the U.S. District Court for the District of Wyoming’s imposition of a “Sexual Materials …
SCOTUS: No Procedural-Default Exceptions to Excuse Federal Habeas Evidentiary Hearing Bar by Dale Chappell by Dale Chappell In yet another case further limiting the federal habeas corpus remedy, the Supreme Court of the United States (“SCOTUS”) held on May 23, 2022, that post-conviction counsel’s failure to develop a meritorious claim …
Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal by David M. Reutter by David M. Reutter The Supreme Court of Ohio held that the constitutionality of an indeterminate sentence imposed under the Reagan Tokes Law, R.C. 2967.271, ripens at sentencing and …
Article • June 15, 2022 • from CLN July, 2022
Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation by David M. Reutter by David M. Reutter The Supreme Court of Idaho held that an expert’s telephonic testimony violated a defendant’s Sixth Amendment right to confrontation. The Court found the error was not harmless and remanded for …
Article • June 15, 2022 • from CLN July, 2022
Federal Prosecutors Directed to Stop Obtaining Compassionate Release Waivers From Defendants During Plea Agreements and to Not Enforce Previously Obtained Waivers by Harold Hempstead by Harold Hempstead On March 11, 2022, the Deputy Attorney General of the U.S. Department of Justice (“DOJ”) issued a Memorandum directing federal prosecutors to stop …
Article • June 15, 2022 • from CLN July, 2022
Ninth Circuit Holds Statute Criminalizing Encouraging or Inducing Alien to Reside in U.S. Is Overbroad and Facially Unconstitutional by Mark Wilson by Mark Wilson THE U.S. COURT OF APPEALS FOR THE Ninth Circuit held that a federal law, 8 U.S.C. § 1324(a)(1)(A)(iv), that criminalizes encouraging or inducing an alien to …
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 …
Article • June 15, 2022 • from CLN July, 2022
Seventh Circuit: District Court’s Failure to Exercise Discretion After Erroneously Finding Defendant Ineligible for Relief Under First Step Act Was Abuse of Discretion by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit ruled that the U.S. District Court for the Northern District of Illinois …
Article • June 15, 2022 • from CLN July, 2022
Seventh Circuit Vacates Sentence Where District Court’s Rationale for Defendant’s Offense Level Unclear by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit vacated Darrell Loving’s sentence because the reasons given by the U.S. District Court for the District of Indiana for arriving at an …
Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence by David M. Reutter by David M. Reutter The Supreme Court of Iowa vacated a defendant’s sentence after finding the prosecution failed to honor the spirit of a plea agreement …
Article • June 15, 2022 • from CLN July, 2022
U.S. Treasury Bypasses Fourth Amendment by Buying Location Data for Law Enforcement Purposes by Anthony Accurso by Anthony W. Accurso Recent FOIA disclosures revealed two contracts for law enforcement agencies under the U.S. Treasury—the IRS and Office of Foreign Assets Control (“OFAC”)—which will allow the agencies to obtain location data …
Article • June 15, 2022 • from CLN July, 2022
California Court of Appeal: Trial Court Violated Humphrey by Setting High Bail Without Considering Financial Condition of Defendant or Nonfinancial Conditions of Release by Matthew Clarke by Matt Clarke The Court of Appeal of California, Second Appellate District, held the trial court erred by setting bail at an amount it …
Article • June 12, 2022
FOIA Request Reveals Cincinnati Cop Had Sex While On-Duty With Sex Workers He Searched in Police Database by Brooke Kaufman by Brooke Kaufman According to a recent WCPO report, a 29-year-old Cincinnati police officer resigned from his post in 2020 after investigators uncovered he used a law enforcement database to …
Brief • June 10, 2022
Filed under: Censorship
HRDC v. Frakes (NDOC), NE, Settlement, Censorship, 2022 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (hereafter "Settlement and Release") is entered into between Plaintiff Human Rights Defense Center (Plaintiff) and Defendant Scott Frakes, in his individual capacity and his official capacity as Director of the Nebraska Department of …
Brief • June 9, 2022
Filed under: Strip Searches
Rogers v. DCYF, WA, Settlement, Strip Search, 2022 1 2 3 4 5 The Honorable RICHARD A. JONES U.S. Magistrate Judge MICHELLE L. PETERSON 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 MICHAEL ROGERS, et. al., 10 11 12 CASE NO. 3:21-cv-05248-RAJ-MLP Plaintiffs, vs. …
Publication • June 9, 2022
Filed under: Criminal Justice
CJARS -Measuring Intergenerational Exposure, June 9, 2022 Measuring Intergenerational Exposure to the U.S. Justice System: Evidence from Longitudinal Links between Survey and Administrative Data Keith Finlay Michael Mueller-Smith† Brittany Street‡§ U.S. Census Bureau University of Michigan University of Missouri June 9, 2022 Abstract Intergenerational exposure to the justice system is …
Brief • June 3, 2022
Salazar v. Centurion Detention Health Services, LLC, et al., NM, Amended Complaint, Wrongful Death (Medical), 2022 Centurion 002679 STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT COURT FILED 2ND JUDICIAL DISTRICT COURT Bernalillo County 6/3/2022 5:05 PM CLERK OF THE COURT Marissa Marquez ANNA SALAZAR, Personal Representative to …
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