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Article • April 15, 2021 • from CLN May, 2021
Seventh Circuit: District Court Retains Jurisdiction When Habeas Petitioner Moves to Prison Outside of District by Dale Chappell by Dale Chappell Settling issues of habeas corpus jurisdiction that have been less than clear in previous cases, the U.S. Court of Appeals for the Seventh Circuit held on February 12, 2021, …
Article • April 15, 2021 • from CLN May, 2021
Abuse of Civil Asset Forfeiture Laws Prompts Class Action Lawsuit by Casey Bastian by Casey J. Bastian Civil asset forfeiture laws allow law enforcement agencies to seize property if that property is suspected of being related to criminal activity. These laws do not require that the owner be convicted of …
Article • April 15, 2021 • from CLN May, 2021
Tech Company Enables Surveillance by Jayson Hawkins by Jayson Hawkins A little-known tech company in Texas has altered the landscape of digital police surveillance. Hawk Analytics, headquartered in Bartonville, has developed software that streamlines the process police use to turn the huge quantities of information they get from cellular companies …
Michigan State Police Reverse on Use of Messaging App That Can Evade FOIA Requests by Douglas Ankney by Douglas Ankney The Michigan State Police (“MSP”) made admissions in a lawsuit revealing that top officials within the MSP used a text-messaging encryption app that causes messages to self-destruct once deleted, leaving …
Wyoming Supreme Court: District Court Abused Discretion by Granting State’s Dismissal of Charges Without Prejudice and Refiling to Gain Tactical Advantage, Remands for Dismissal With Prejudice by Douglas Ankney by Douglas Ankney The Supreme Court of Wyoming ruled that a district court abused its discretion when it dismissed without prejudice …
Article • April 15, 2021 • from CLN May, 2021
Fourth Circuit: Employment Restriction for Supervised Release Overbroad and Impermissible Delegation of Power to Probation by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on January 22, 2021, on a direct appeal, that a total ban on any employment unless authorized by probation …
Article • April 15, 2021 • from CLN May, 2021
Texas Court of Criminal Appeals: Good Faith Exception Inapplicable to Unsworn Search Warrant by Anthony Accurso by Anthony Accurso The Court of Criminal Appeals of Texas held that the good faith exception to Texas’ exclusionary rule does not apply where an officer executes a search warrant that he knows is …
Article • April 3, 2021
End Controversial Programs That Fund Surveillance Tech by Anthony Accurso By Anthony Accurso The incoming Biden administration has promised to work on the issues of inequity in policing and racial inequity. These issues are intertwined and will be mostly complicated to solve. However, President Biden could start by issuing executive …
Article • March 27, 2021
Filed under: Forfeiture
Massachusetts Worst in Nation for Civil Forfeiture Laws by Dale Chappell by Dale Chappell The Institute for Justice announced in its latest Policy for Profit report that Massachusetts was the only state in the country to earn an “F” because of its unfair civil forfeiture laws. One reason is that …
Article • March 26, 2021
Filed under: Racial Profiling
Report Revisits FBI’s History of White Extremism by Jayson Hawkins by Jayson Hawkins The images that emerged from the Jan. 6, 2021, siege of Capitol Hill left many people around the world appalled that such events could occur in the cradle of modern democracy. Yet the then­president’s rhetoric of incitement …
Article • March 26, 2021
Developmentally Challenged Man on Registry to Get New Hearing by Douglas Ankney by Douglas Ankney The Illinois Prison Review Board has agreed to review Adam Nesteikis’ case. Adam, 34, needs more attention than most men his age. He must be reminded to brush his teeth and to shave. He was …
Article • March 15, 2021 • from CLN April, 2021
Man Serving 505-Year Sentence Granted Compassionate Release Due to COVID-19 by A 73-year-old man serving a 505-year sentence in federal prison without parole was granted compassionate release by his sentencing judge in November 2020, citing the risk of death from COVID-19 as the reason he should be at home and …
Article • March 15, 2021 • from CLN April, 2021
Police Robo Stalkers in a Location Near You by Douglas Ankney by Douglas Ankney Today’s RoboCops are not armed predators (yet), but they read license plates, track cellphones, and report “suspicious” persons. According to the Electronic Freedom Frontier, companies like Boston Dynamics and Knightscope market robots to law enforcement. About …
Article • March 15, 2021 • from CLN April, 2021
Second Circuit: Jury Instructions Regarding Defendant’s Motive to Testify Falsely Improper by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Second Circuit vacated a defendant’s conviction after the U.S. District Court for the Eastern District of New York issued jury instructions that implied the defendant had …
Article • March 15, 2021 • from CLN April, 2021
Filed under: News in Brief
News in Brief by California: A federal jury awarded a man who suffered severe head and face injuries in an encounter with a San Diego detective $1.5 million in November 2020. San Diego’s City Council, meanwhile, is expected to “approve a $2.5 million settlement, the money awarded by the jury …
Article • March 15, 2021 • from CLN April, 2021
Machinery of Death: When the Government Acts as Judge, Jury and Executioner by John W. Whitehead by John W. Whitehead and Nisha Whitehead, The Rutherford Institute – Commentary “Police fail to grasp that they are public servants for peace. They should provide a civil service, to enforce the laws equally, …
Article • March 15, 2021 • from CLN April, 2021
How the Criminal Justice System Fails People With Mental Illness by Jordan Smith by Jordan Smith, The Intercept “I found your baby,” Michelle Durden recalls the police officer saying after her son went missing. “He’s alive. And he’s in jail.” At first, Michelle Durden thought her eldest son, Cameron Davis, …
California Court of Appeal Overturns Child Sex Abuse Convictions Based on Prosecution’s Violation of Brady Obligations by Withholding Witness Impeachment Evidence by Matthew Clarke by Matt Clarke The Court of Appeal of California, First Appellate District, reversed a man’s convictions for forcible rape, digital penetration, and misdemeanor battery of a …
Fourth Circuit: Conditions of Release Banning Internet Access and Legal Pornography Overbroad and Not Reasonably Related by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Western District of North Carolina’s special conditions of release that banned …
Article • March 15, 2021 • from CLN April, 2021
Kentucky Supreme Court Reverses Murder Convictions Due to ‘Flagrant Prosecutorial Misconduct’ in Misleading Jury by Matthew Clarke by Matt Clarke The Supreme Court of Kentucky reversed a woman’s convictions for first and second-degree arson and six counts of attempted murder, four of which were enhanced as hate crimes, because the …
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