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News in Brief

Article • August 1, 2025 • from CLN August, 2025

Filed under: Assault by Police, Misconduct/Corruption, Guard Misconduct, Police Misconduct, Stun Guns/Tasers, Immigration, False Arrest, Evidence - Integrity/Reliability of

News in Brief by Alabama: Walker County Sheriff Nick Smith faces six misdemeanor counts after a grand jury indicted him on May 30, 2025, for knowingly employing uncertified personnel. WBRC in Birmingham reported that Smith’s second-in-command, Chief Deputy Ralph Williams, was also indicted on one count of providing false or …

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, …

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 …

Tenth Circuit: Mere Presence in Vehicle Used to Transport Large Quantity of Drugs Insufficient to Establish Necessary Intent for Conspiracy Conviction

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

Filed under: Conspiracy, Mere Presence, Methamphetamine, Weight and Quantity of Drugs

Tenth Circuit: Mere Presence in Vehicle Used to Transport Large Quantity of Drugs Insufficient to Establish Necessary Intent for Conspiracy Conviction by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit reversed the convictions of the unwitting passenger of a drug mule on the …

Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary

Article • August 1, 2024 • from CLN August, 2024

Filed under: Juries - Fair and Impartial, Racial Bias Exception, Knowingly and Voluntarily Made

Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary by David Reutter by David M. Reutter T he U.S. Court of Appeals for the Tenth Circuit held a defendant’s guilty plea was unknowing …

FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech

Article • May 15, 2024 • from CLN May, 2024

Filed under: Racial Discrimination, Religious Discrimination, FBI, First Amendment, rights, Police State-Surveillance, Social Media

FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech by Jo Ellen Nott by Jo Ellen Knott On March 19, 2024, an Egyptian-Muslim woman in Oklahoma filmed an encounter with FBI agents who visited her home to discuss social media posts. The video …

Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means

Article • May 15, 2024 • from CLN May, 2024

Filed under: Juries - Fair and Impartial, Impartial Jury, Fair Cross Section Requirement, Consequences of Plea, Misleading Advice/Statements to Defendant, Knowingly and Voluntarily Made

Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that John Miguel Swan’s guilty plea was not knowing and voluntary because …

‘Blatant Miscarriage of Justice’: Oklahoma Man Exonerated of Wrongful Conviction After 35 Years Despite Former Prosecutor’s Attempt to Perpetuate Injustice

Article • April 15, 2024 • from CLN April, 2024

Filed under: Wrongful Conviction, Prosecutorial Misconduct

‘Blatant Miscarriage of Justice’: Oklahoma Man Exonerated of Wrongful Conviction After 35 Years Despite Former Prosecutor’s Attempt to Perpetuate Injustice by Douglas Ankney by Douglas Ankney Perry Lott was exonerated in Ada, Oklahoma, of a 1987 rape and burglary conviction after 35 years—30 of which Lott spent in prison—in spite …

McDugle v. Hicks, OK, Petition for Relief, Denial of Public Records, 2023

Brief • December 20, 2023

Filed under: Public Records, Public Records Act

McDugle v. Hicks, OK, Petition for Relief, Denial of Public Records, 2023 PJLe.D DISTRICT couk,RT Gtegh1n1 County, o a. IN THE DISTRICT COURT OF STEPHENS COUNTY STATE OF OKLAHOMA KEVIN McDUGLE and JUSTIN HUMPHREY, as individuals DEC ZD .ffll MILODV HARPER Court Clerk ) ) ) Plaintiffs, vs. JASON HICKS, …

Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill

Article • November 1, 2023 • from CLN November, 2023

Filed under: Murder/Felony Murder, Unreasonable Application of Clearly Established Federal Law, Motive/Opportunity/Intent/Identity Evidence

Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the Western District of …

Estate Of Kellie Wright v. Pottawatomie County Public Safety Center Trust, OK, Complaint, Wrongful Death-Excessive Force, 2023

Brief • July 10, 2023

Filed under: Wrongful Death, Excessive Force (Wrongful Death)

Estate Of Kellie Wright v. Pottawatomie County Public Safety Center Trust, OK, Complaint, Wrongful Death-Excessive Force, 2023 Case 5:23-cv-00594-G Document 1 Filed 07/10/23 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA (1) SHELLY CALLIER, as Co-Administrator of the Estate of KELLIE WRIGHT, …

Tenth Circuit Deepens Circuit Split on Whether District Courts May Consider ‘Retribution’ in Deciding Whether to Revoke Supervised Release, Ruling It Is an Impermissible Factor to Consider

Article • April 15, 2023 • from CLN May, 2023

Filed under: Revocation Proceedings, Plain/Harmless Error

Tenth Circuit Deepens Circuit Split on Whether District Courts May Consider ‘Retribution’ in Deciding Whether to Revoke Supervised Release, Ruling It Is an Impermissible Factor to Consider by Richard Resch by Richard Resch The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the …

Tenth Circuit: Prisoner Convicted of Covered Drug Offense but Sentenced to Mandatory Life Sentence Via Cross Reference for Murder Under Pre-Booker Guidelines Has Standing to Request First Step Act Sen...

Article • January 15, 2023 • from CLN February, 2023

Filed under: U.S. Sentencing Guidelines, First Step Act, Reasonableness of Sentence, Drug Laws/Offenses

Tenth Circuit: Prisoner Convicted of Covered Drug Offense but Sentenced to Mandatory Life Sentence Via Cross Reference for Murder Under Pre-Booker Guidelines Has Standing to Request First Step Act Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that a prisoner …

News in Brief

Article • December 15, 2022 • from CLN January, 2023

Filed under: News in Brief

News in Brief by Arizona: A police officer in Scottsdale was arrested on Nov. 4, 2022, after allegedly causing a car crash while intoxicated. AZFamily reported that officer Michael Lanouar, a police detective, was taken into custody on suspicion that he had been driving a city-leased car while under the …

News in Brief

Article • October 15, 2022 • from CLN November, 2022

Filed under: News in Brief

News in Brief by Arkansas: A Mulberry police officer and two sheriff’s deputies from Crawford County were suspended after a video surfaced appearing to show them beating a man suspected of making violent threats. Maine Public Radio reported that the three officers were videoed by a bystander as they held …

Tenth Circuit: Guilty Plea Not Knowing and Voluntary Because Sentencing Court Failed to Ask Follow Up Questions After Defendant Said He’s Off His Medication and ‘Mind Isn’t Right’

Article • July 15, 2022 • from CLN August, 2022

Filed under: Medication, Failure to Treat (Mental Illness), Knowingly and Voluntarily Made

Tenth Circuit: Guilty Plea Not Knowing and Voluntary Because Sentencing Court Failed to Ask Follow Up Questions After Defendant Said He’s Off His Medication and ‘Mind Isn’t Right’ by David Reutter by David M. Reutter The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s guilty plea after …

Oklahoma Planning Executions for 25 Men, Including Plausibly Innocent Richard Glossip

Article • June 21, 2022

Filed under: Death Penalty/Death Row, Lethal Injection Method of Execution

Oklahoma Planning Executions for 25 Men, Including Plausibly Innocent Richard Glossip by Jo Ellen Nott by Jo Ellen Nott In the first week of June 2022, a federal judge decided that a three-drug cocktail including the sedative midazolam is a constitutional method of execution. Pursuant to that decision, Oklahoma Attorney …

News in Brief

Article • June 15, 2022 • from CLN July, 2022

Filed under: News in Brief

News in Brief by News in Brief Britain: A court hearing at London’s highest legal body is scheduled for late June 2022, The Guardian reported. It will concern a lawsuit brought against the City of London police for allegedly wrongfully tasering a Black man on April 7, 2018. Case was …

Tenth Circuit: Judgment of Conviction Becomes Final for § 2255 SOL Purposes Upon Conclusion of Direct Review of Deferred Restitution

Article • May 15, 2022 • from CLN June, 2022

Filed under: Restitution Hearing

Tenth Circuit: Judgment of Conviction Becomes Final for § 2255 SOL Purposes Upon Conclusion of Direct Review of Deferred Restitution by Douglas Ankney Answering an open question, the U.S. Court of Appeals for the Tenth Circuit held that a judgment becomes final for purposes of 28 U.S.C. § 2255’s statute …

USA v. Matthew Ware, OK, Verdict, Deprivation of Rights, 2022

Brief • April 14, 2022

Filed under: 42 U.S. Code § 1983, civil action for deprivation of rights

USA v. Matthew Ware, OK, Verdict, Deprivation of Rights, 2022 Case 5:21-cr-00323-F Document 50 Filed 04/14/22 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) ) ) ) ) ) vs. MATTHEW WARE, Defendant. …