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Third Circuit: No ‘Constructive Possession’ of Firearm Discovered in Trunk of Vehicle Six Months After Defendant’s Arrest, 
During Which Time He Was Incarcerated and Vehicle Impounded in Tow Lot Whose...
Article • July 1, 2025 • from CLN July, 2025
Filed under: Preponderance of the Evidence Standard, Possession or Use of Firearms, Collective Knowledge Doctrine
Third Circuit: No ‘Constructive Possession’ of Firearm Discovered in Trunk of Vehicle Six Months After Defendant’s Arrest, During Which Time He Was Incarcerated and Vehicle Impounded in Tow Lot Whose Sole Security Feature Was a Locked Gate by Sagi Schwartzberg The United States Court of Appeals for the Third Circuit …
News in Brief
Article • May 15, 2025 • from CLN June, 2025
Filed under: News in Brief
News in Brief by Alabama: On March 31, 2025, in State of Alabama v. Mac Marquette, Morgan County Circuit Judge Charles Elliott denied former Decatur Police Department officer Marquette’s motion for self-defense immunity in the fatal shooting of Steve Perkins. According to the Associate Press, the denial depended legally on …
NEWS IN BRIEF
Article • March 15, 2025 • from CLN April, 2025
Filed under: News in Brief
NEWS IN BRIEF by Alabama: On February 19, 2025, a grand jury called for the immediate abolition of the Hanceville Police Department for its “rampant culture of corruption” that turned it into a criminal enterprise. The New York Post reported that an investigation followed the death of dispatcher Christopher Willingham, …
Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defend...
Article • December 15, 2024 • from CLN January, 2025
Filed under: Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Mandatory Minimum Sentence, Plea Agreements/Guilty Pleas, Rejection
Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defendant About Mandatory Sentences If Plea Offer Rejected by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third …
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 …
News in Brief
Article • September 1, 2024 • from CLN September, 2024
Filed under: News in Brief
News in Brief by Arizona: On June 29, 2024, the Tempe police department posted a Facebook message regarding an award that two of its officers had just received. “Congratulations to Officer Zachary Hyde and Officer Gavin Young. Last night both received the Hero Award at the 35th annual Mothers Against …
News in Brief
Article • August 1, 2024 • from CLN August, 2024
Filed under: News in Brief
News in Brief by
NJPP-PrisonProfiteers- How Private Companies Profit From Prison Phone Calls and Harm New Jersey Residents-Aug2024
Publication • August 1, 2024
Filed under: Telephone Rates, Private Phone Contractors
NJPP-PrisonProfiteers- How Private Companies Profit From Prison Phone Calls and Harm New Jersey Residents-Aug2024 August 2024 Prison Profiteers: How Private Companies Profit From Prison Phone Calls and Harm New Jersey Residents Marleina Ubel, Senior Policy Analyst For the thousands of people incarcerated in New Jersey's prisons and jails, a phone …
New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase
Article • May 15, 2024 • from CLN May, 2024
Filed under: witness misidentification, Eyewitness Testimony, Lineups
New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey unanimously extended the investigative eyewitness identification safeguards of State v. Henderson, 27 A.3d …
Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights
Article • April 15, 2024 • from CLN April, 2024
Filed under: Contractor Misconduct, Police Misconduct, Police, Terry Stops, Suspicionless Searches
Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights by Anthony Accurso by Anthony W. Accurso Until recently, police departments in New Jersey were covering expenses for their officers to attend training sessions conducted by Street Cop Training (“SCT”), an organization that encourages “a hypervigilant warrior …
Special Report, Visits and Phone Calls, NJ Office of the Corrections Ombudsperson (April 2024)
Publication • April 1, 2024
Filed under: Telephones, Telephone Access, Visiting, Video Visitation
Special Report, Visits and Phone Calls, NJ Office of the Corrections Ombudsperson (April 2024) Visits and Phone Calls NJ Office of the Corrections Ombudsperson, Special Report April 2024 EXECUTIVE SUMMARY Sustaining relationships with loved ones through a period of incarceration can be difficult, but research suggests that doing so has …
Howard v. The County of Essex, NJ, Complaint, Discrimination, 2024
Brief • March 4, 2024
Filed under: Discrimination, Racial Discrimination
Howard v. The County of Essex, NJ, Complaint, Discrimination, 2024 ESX-L-001515-24 03/04/2024 2:00:00 AM Pg 1 of 26 Trans ID: LCV2024562192 LURETHA M. STRIBLING, ESQ. 1030 South Avenue West, Suite 1A Westfield, New Jersey 07090 (908) 403-0113 Attorney for the Plaintiff Attorney ID No. 008452004 LMStribling@verizon.net IDESHA HOWARD SUPERIOR COURT …
New Jersey Supreme Court Excludes CSLI Testimony Based on Agent’s ‘Rule Of Thumb’ Method for Determining Defendant’s Location
Article • February 15, 2024 • from CLN February, 2024
Filed under: Cell-Phone Location/Tracking Data, Application, Opinions and Expert Testimony, Expert and Opinion Testimony
New Jersey Supreme Court Excludes CSLI Testimony Based on Agent’s ‘Rule Of Thumb’ Method for Determining Defendant’s Location by Anthony Accurso by Anthony W. Accurso The Supreme Court of New Jersey held a lower court erred when it allowed an FBI agent to testify about cell site location information (“CSLI”) …
Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upo...
Article • February 15, 2024 • from CLN February, 2024
Filed under: Third-party Consent, Searches - Automobile, Rental; Cars, Privacy Right, Third Party Consent
Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upon Arrest, and Car Parked Nearby by Anthony Accurso by Anthony W. Accurso The U.S. Court …
New Jersey Takes First Steps in Eliminating Public Defender Fees
Article • November 1, 2023 • from CLN November, 2023
Filed under: Attorney Fees (PLRA)
New Jersey Takes First Steps in Eliminating Public Defender Fees by Jordan Arizmendi by Jordan Arizmendi Although advocates say there is still work to do to ensure New Jersey public defenders don’t come with a price tag attached, New Jersey Governor Phil Murphy (D) took the first giant step earlier …
New Jersey Supreme Court Announces Presumption in Favor of In-Person Interpreter for Criminal Trials and Issues Guidelines for Use of Video Remote Interpreting
Article • November 1, 2023 • from CLN November, 2023
Filed under: Interpreters, Video-Conferencing, Sentencing by Videoconferencing
New Jersey Supreme Court Announces Presumption in Favor of In-Person Interpreter for Criminal Trials and Issues Guidelines for Use of Video Remote Interpreting by Matthew Clarke by Matt Clarke In a case of first impression, the Supreme Court of New Jersey held that there is a presumption in favor of …
Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding
Article • November 1, 2023 • from CLN November, 2023
Filed under: U.S. Sentencing Guidelines, Appealable Issues/Orders, Certificate of Appealability
Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding by Douglas Ankney by Douglas Ankney In a case of first impression in the Circuit, the U.S. Court of Appeals for the Third Circuit held that a federal prisoner appealing a District …
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 …
New Jersey Supreme Court: Third-Party’s Apparent Authority to Consent to Search Premises Does Not Extend to Defendant’s Personal Property Located on Premises
Article • September 1, 2023 • from CLN September, 2023
Filed under: Consent, Consent Searches
New Jersey Supreme Court: Third-Party’s Apparent Authority to Consent to Search Premises Does Not Extend to Defendant’s Personal Property Located on Premises by Anthony Accurso by Anthony W Accurso The Supreme Court of New Jersey held that a third party, with property in a storage trailer shared with the defendant, …
News in Brief
Article • August 1, 2023 • from CLN August, 2023
Filed under: News in Brief
News in Brief by California: The District Attorney for Los Angeles County, George Gascón, announced that a police officer in San Fernando was charged with theft. CBS News reported that the officer, Jeffrey King, 37, was handed charges on June 6, 2023, of misdemeanor petty theft, felony extortion, and felony …
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