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Acquitted Conduct Sentencing: Not Guilty – But Punished Anyway

Article • March 1, 2026 • from CLN April, 2026

Filed under: U.S. Sentencing Guidelines, Federal Legislation, Fifth Amendment, Sixth Amendment, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

Acquitted Conduct Sentencing: Not Guilty – But Punished Anyway by Douglas Ankney by Douglas Ankney When Pontius Pilate declared he found “no fault” in the man before him, he sent Jesus to be crucified anyway. Two thousand years later, a version of this practice persists in America’s federal courts. It …

NEWS IN BRIEF

Article • October 15, 2025 • from CLN November, 2025

NEWS IN BRIEF by California: Former Stanislaus County Sheriff’s Deputy Matthew Joseph Dessert, 42, was sentenced to nine years in prison on August 8, 2025, for sexually abusing his teenage daughter. According to The Modesto Bee, County Superior Court Judge Jeff Mangar said that the lawman violated his office’s trust …

News in Brief

Article • July 1, 2025 • from CLN July, 2025

Filed under: Misconduct/Corruption, Pepper Spray/Tear Gas, Shootings, Dogs, Police--Excessive Force, Brady Violations, Home Search, Bribery/Extortion/Theft, Brady Rule violations, Perjury/Perjured Testimony

News in Brief by Arkansas: The downward spiral of former Hot Spring County Sheriff Derek “Scott” Finkbeiner, 47, continued with his fourth arrest on May 2, 2025, reported KATV out of Little Rock. The arrest stemmed from Finkbeiner’s attempt to contact a witness, co-defendant Jordan Hammond, through the Signal app, …

Bodycam Footage for Sale: Ohio Joins the List of States Charging Money for Bodycam Footage, While Others Restrict It Entirely

Article • April 15, 2025 • from CLN May, 2025

Filed under: Videotaping, Costs, Seizure of Prisoner Funds, Funds for Investigative Services

Bodycam Footage for Sale: Ohio Joins the List of States Charging Money for Bodycam Footage, While Others Restrict It Entirely by James Mills by James Mills Footage from police body cameras could soon become a pricey commodity in Ohio. Ohio has joined Arizona and Indiana on the short list of …

News in Brief

Article • February 15, 2025 • from CLN March, 2025

Filed under: News in Brief

News in Brief by Alaska: In a rare move, federal prosecutors asked an Alaska judge to vacate the 2019 assault conviction of long-time felon Johnny-Lee Preston Burk, citing a concealed relationship between the presiding judge and a prosecutor in the case. The Alaska Beacon reported that United States District Judge …

News in Brief

Article • February 1, 2025 • from CLN February, 2025

Filed under: News in Brief

News in Brief by Arizona: Phoenix resident Penny McCarthy, 66, endured a terrifying ordeal after United States Marshals arrested her at gunpoint in her home, mistaking her for a fugitive, according to KNXV. Body camera footage shows officers refusing to confirm her identity despite McCarthy repeatedly asking them. “I truly …

Indiana Supreme Court: Defendant Entitled to Discharge by Showing No Court ‘Congestion’ After Trial Court’s Unexplained Denial of Speedy Trial Motion

Article • December 1, 2024 • from CLN December, 2024

Filed under: Delays in Prosecution of Case

Indiana Supreme Court: Defendant Entitled to Discharge by Showing No Court ‘Congestion’ After Trial Court’s Unexplained Denial of Speedy Trial Motion by Sam Rutherford by Sam Rutherford The Supreme Court of Indiana held that a trial court’s failure to explain the basis for its denial of a defendant’s motion for …

News In Brief

Article • December 1, 2024 • from CLN December, 2024

Filed under: News in Brief

News In Brief by Alabama: A former Tuscumbia police officer was sentenced to 20 years in prison on August 24, 2024, after pleading guilty to manslaughter in connection with a fatal pedestrian accident. The incident occurred in October 2022 when James “Jay” Keith Steward’s vehicle struck and killed 60-year-old Terry …

News in Brief

Article • October 1, 2024 • from CLN October, 2024

Filed under: News in Brief

News in Brief by Alabama: Former Centre policeman Michael Kilgore, 40, should have known co-conspirators will bumble any crime. After his co-conspirator went singing to authorities, Kilgore was fired and charged with conspiracy to distribute a controlled substance in May 2023. WRCB reported, that according to the plea agreement, Kilgore …

Indiana Supreme Court Announces Proper Procedural Framework for Civil Forfeiture and Who Constitutes an ‘Owner’

Article • September 1, 2024 • from CLN September, 2024

Filed under: Forfeiture

Indiana Supreme Court Announces Proper Procedural Framework for Civil Forfeiture and Who Constitutes an ‘Owner’ by Sam Rutherford by Sam Rutherford The Supreme Court of Indiana recently issued a decision clarifying the procedural framework, relevant pleading standards, and the State’s evidentiary burden before it may lawfully seize a citizen’s money …

Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees

Article • June 15, 2024 • from CLN June, 2024

Filed under: Appointment of Counsel, Costs, Restitution, Bail Bonds

Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees by Douglas Ankney by Douglas Ankney   The Supreme Court of Indiana clarified the framework for determining when a court may apply a cash bail toward payment of …

Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel

Article • March 15, 2024 • from CLN March, 2024

Filed under: Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise

Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit made the rare decision to order an evidentiary …

Lung Float Test: Junk Science Used to Convict Women of Murder

Article • March 15, 2024 • from CLN March, 2024

Filed under: junk science, Wrongful Conviction

Lung Float Test: Junk Science Used to Convict Women of Murder by David Reutter by David M. Reutter When a woman has a child while alone that does not survive, authorities may wonder if the child was stillborn or murdered by the mother. Many medical examiners attempt to answer that …

Indiana Supreme Court Announces Civil Forfeiture Triggers Right to Jury Trial

Article • February 15, 2024 • from CLN February, 2024

Filed under: Forfeiture, Forfeiture Money Judgments, Jury Trial

Indiana Supreme Court Announces Civil Forfeiture Triggers Right to Jury Trial by Matthew Clarke by Matt Clarke The Supreme Court of Indiana held that civil forfeiture triggers the right to a jury trial. As Alucious Kizer fled from a traffic stop, he discarded 74 grams of methamphetamine, 67 grams of …

Indiana Supreme Court Suppresses All Evidence Related to Polygraph Exam for Examiner’s Failure to Disclose Unilater-ally Changing Exam Results From ‘Admissible’ to ‘Inadmissible’ Due to Defendant’s Me...

Article • January 15, 2024 • from CLN January, 2024

Filed under: Mental Health, Polygraph Evidence/Testing, Results of Polygraph Test, Delay in Disclosure

Indiana Supreme Court Suppresses All Evidence Related to Polygraph Exam for Examiner’s Failure to Disclose Unilater-ally Changing Exam Results From ‘Admissible’ to ‘Inadmissible’ Due to Defendant’s Mental State by Anthony Accurso by Anthony W. Accurso The Supreme Court of Indiana upheld evidentiary suppression of a defendant’s polygraph results and inculpatory …

Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge

Article • December 15, 2023 • from CLN December, 2023

Filed under: Search warrants, Warrants, Probable Cause, Material Falsehoods, Authorized Persons

Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge by Richard Resch by Richard Resch In a case involving an issue of first impression, the U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court …

Indiana Supreme Court Reverses Involuntary Manslaughter Conviction Where Trial Court Denied Defense Counsel Opportunity to Directly Voir Dire Prospective Jurors

Article • December 15, 2023 • from CLN December, 2023

Filed under: Voir Dire, Case Specific Questions, During Trial

Indiana Supreme Court Reverses Involuntary Manslaughter Conviction Where Trial Court Denied Defense Counsel Opportunity to Directly Voir Dire Prospective Jurors by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana reversed Kyle N. Doroszko’s involuntary manslaughter conviction because the trial court denied defense counsel the opportunity to voir dire …

Coomer v. Lowe, IN, Settlement, Assault, 2024

Brief • November 28, 2023

Filed under: Sexual Assault, Conditions of Confinement

Coomer v. Lowe, IN, Settlement, Assault, 2024 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is made and entered into by and between BEATRICE COOMER, individually, ("Plaintiff') and Scottie Maples, in his official capacity as Clark County Sheriff, David Lowe, Mark Meyer, Dakota Brown, Caleb Boger, Kassidy May-Wilson, …

Royer v. City of Elkhart, IN, Complaint, Wrongful Conviction, 2023

Brief • October 13, 2023

Filed under: Wrongful Conviction

Royer v. City of Elkhart, IN, Complaint, Wrongful Conviction, 2023 USDC IN/ND case 3:22-cv-00254-HAB-MGG document 173-1 filed 10/13/23 page 1 of 65 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA, SOUTH BEND DIVISION ANDREW ROYER, Plaintiff, v. CITY OF ELKHART, CARLTON CONWAY, MARK DAGGY, PAUL CONVERSE, …

News in Brief

Article • October 1, 2023 • from CLN October, 2023

Filed under: News in Brief

News in Brief by Arizona: According to information attained by Hatewatch, the leader of the extremist Constitutional Sheriffs and Peace Officers Association emailed a video regarding an investigation into his son which could potentially cause the father to be prosecuted. Richard Mack sent a video of his son’s alleged child …