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Article • April 15, 2021 • from CLN May, 2021
Arkansas Supreme Court: Unborn Child Not a ‘Person’ Under Sentencing Enhancement Scheme by Anthony Accurso by Anthony Accurso In an opinion delivered December 10, 2020, the Supreme Court of Arkansas held that the definition of a “person” used for aggravating factors at sentencing does not include an unborn child. On …
Article • April 15, 2021 • from CLN May, 2021
Filed under: junk science, EP2P Software
New Jersey Appellate Court Holds Defendant Entitled to Source Code of Novel Probabilistic Genotyping Software Upon Showing of Particularized Need by Douglas Ankney by Douglas Ankney In a case of first impression, the Superior Court of New Jersey, Appellate Division, held that when the State chooses to utilize an expert …
Article • April 15, 2021 • from CLN May, 2021
Filed under: News in Brief
News in Brief by Arizona: A week after he was shot chasing a suspect, an off-duty police officer from Alberquerque, New Mexico, was arrested on February 21, 2021, for aggravated DWI. According to a report by local TV station KRQE, Officer Fouad Cherair, 29, was found by police in the …
Article • April 15, 2021 • from CLN May, 2021
Orwellian Fusion Centers Are Watching You by Casey Bastian by Casey J. Bastian Following 9/11, America’s law enforcement apparatus seems to have metastasized from a necessary component in a civilized society to a cancer-like growth on the body of personal liberty. American citizens are supposed to retain unalienable rights under …
Article • April 15, 2021 • from CLN May, 2021
Ninth Circuit Announces Police Inserting Key in Car Door to Determine Vehicle Ownership Constitutes Search Overruling Circuit Precedent by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Ninth Circuit held that the insertion of a car key into a lock of a vehicle’s door by police …
Article • April 15, 2021 • from CLN May, 2021
Filed under: junk science
All Bark but No Bite by Douglas Ankney by Douglas Ankney Adam Freeman, an ex-president of the American Board of Forensic Odontology (“ABFO”), has vehemently criticized bitemark-matching evidence. Freeman was deeply disturbed upon discovering that when ABFO-certified experts examined case files, they rarely agreed that the bitemarks were human – …
Article • April 15, 2021 • from CLN May, 2021
Socially Unacceptable New York Cops by Edward Lyon by Ed Lyon Newly hired employees are told not to bring their personal problems, biases, and prejudices to work with them. This admonition is especially appropriate in police departments. Some officers bring racist or other hateful comments to social media [CLN, October …
Article • April 15, 2021 • from CLN May, 2021
Utah Supreme Court: Appeal of Plea in Justice Court Doesn’t Vacate Judgment by David Reutter by David M. Reutter The Supreme Court of Utah held that under Utah Code § 78A-7-118(3) “a criminal defendant’s appeal of a guilty plea made in justice court does not void that court’s conviction, sentence, …
Article • April 15, 2021 • from CLN May, 2021
California Court of Appeal: Prisoners Are Not Required to Serve ‘Thompson Terms’ After Grant of Parole Under Elderly Parole Program by Douglas Ankney by Douglas Ankney The Court of Appeal, First Appellate District, held that prisoners sentenced for offenses committed while imprisoned [known as “Thompson terms” pursuant to In Re …
Article • April 15, 2021 • from CLN May, 2021
Filed under: Competency Hearing
North Carolina Supreme Court Reverses Embezzlement Convictions for Failure to Hold Competency Hearing After Mid-Trial Suicide Attempt, Involuntary Commitment by Matthew Clarke by Matt Clarke The Supreme Court of North Carolina handed down an opinion dated December 18, 2020, reversing a woman’s three felony embezzlement convictions after determining that the …
Article • April 15, 2021 • from CLN May, 2021
Surveillance and the City by Jayson Hawkins by Jayson Hawkins The year 2020 was one most people would like to forget, yet for the nine cities that fell in the crosshairs of Operation Legend, the repercussions will be felt for years to come. Operation Legend was a U.S. Department of …
Article • April 15, 2021 • from CLN May, 2021
New York Court of Appeals Rejects Federal Jurisprudence Allowing Searches of Vehicles Based on Warrants Authorizing Searches of ‘Premises’ by Douglas Ankney by Douglas Ankney The New York Court of Appeals declined the prosecution’s urging to adopt Federal jurisprudence allowing searches of vehicles based on warrants authorizing searches of premises. …
Article • April 15, 2021 • from CLN May, 2021
Filed under: Involuntary, Anonymous Tip
Fifth Circuit: Anonymous Tip Didn’t Provide Reasonable Suspicion to Conduct Investigatory Stop by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the FifthCircuit affirmed a decision of the U.S. District Court for the Southern District of Mississippi granting Okanlawan Norbert’s suppression motion on the grounds that an …
Article • April 15, 2021 • from CLN May, 2021
Filed under: Crime
Illinois Study: Crime Rate not Tied to Prison Population Levels by Kevin Bliss by Kevin Bliss Illinois’ crime rate is not significantly tied to a reduction or an increase in prison population, according to the study Projecting Illinois Crime Rates and the Impact of Further Prison Population Reductions (November 2020.) …
Article • April 15, 2021 • from CLN May, 2021
Ohio Supreme Court: Imposing Two Punishments for One Quantity of Mixture of Heroin and Fentanyl Violates Double Jeopardy by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held thatimposition of two punishments for one quantity of drugs violates double jeopardy. Officers executed a search warrant of Kenny Pendleton’s …
Article • April 15, 2021 • from CLN May, 2021
Tracking Browser History by Jayson Hawkins by Jayson Hawkins Technology, like any drug, is a tool that can be used for good or abused for ill. Yet there is some tech so invasive and insidious by nature that government leaders must deny ever having utilized it – at least until …
Article • April 15, 2021 • from CLN May, 2021
Ninth Circuit: State’s Forced Medication Order Was Properly Challenged Under Federal Habeas Corpus by Dale Chappell by Dale Chappell Rarely may a federal court intrude on a criminal case in state court, unless there’s a chance of “irreparable harm” if the court doesn’t intervene. World Famous Drinking Emporium, Inc. v. …
Article • April 15, 2021 • from CLN May, 2021
D.C. Circuit Highlights Racial Disparity Concerns With First Step Act After District Court Erroneously Denies Relief by Dale Chappell by Dale Chappell Citing the First Step Act’s purpose of correcting the racial disparities under the severe crack cocaine sentences handed out for decades, the U.S. Court of Appeals for the …
Article • April 15, 2021 • from CLN May, 2021
Seventh Circuit Exercises Supervisory Powers in Reversing District Court’s Judgment Revoking Supervised Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit exercised its supervisory powers authorizing it to reverse the U.S. District Court for the Central District of Illinois’s order that revoked Anthony …
Iowa Supreme Court Announces Brady Standard Applies to Motion for New Trial Based on Withheld Exculpatory Medical Records by Douglas Ankney by Douglas Ankney The Supreme Court of Iowa announced that when deciding a motion for new trial that alleges exculpatory material from medical records was improperly withheld pursuant to …
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