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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 …
Arizona’s Secret Mass Surveillance System: An Obscure Financial Database Amasses Millions of Financial Records in the Shadows by Michael Thompson In Arizona, a secretive program has quietly amassed a staggering trove of financial data on tens of millions of Americans and individuals worldwide, all under the guise of fighting crime. …
Article • April 15, 2025 • from CLN May, 2025
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 …
Article • April 15, 2025 • from CLN May, 2025
Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies by Sagi Schwartzberg by Sagi Schwartzberg The United States Court of Appeals for the Ninth Circuit ruled that Eugene Allen Doerr satisfied the criteria set forth in Rhines v. Weber, 544 U.S. 269 …
Filing • February 18, 2025
Filed under: Public Records Act
HRDC v. Arizona Dept of Corrections, AZ, Complaint, Public Records Violation, 2025 y FEB 1 8 2025 1 David l Bodney (006065) bodneyd@ballardspahr.com 2 Matthew E. Kelley (037353) 3 kelleym@ballardspahr.com Helen Hitz (039579) 4 hitzh@ballardspahr.com 5 BALLARD SPAHR LLP 1 East Washington Street, Suite 2300 6 Phoenix, AZ 85004-2555 Telephone: …
Brief • February 18, 2025
Filed under: Public Records Act
HRDC v. Arizona Dept of Corrections, AZ, Complaint, Public Records Violation, 2025 y FEB 1 8 2025 1 David l Bodney (006065) bodneyd@ballardspahr.com 2 Matthew E. Kelley (037353) 3 kelleym@ballardspahr.com Helen Hitz (039579) 4 hitzh@ballardspahr.com 5 BALLARD SPAHR LLP 1 East Washington Street, Suite 2300 6 Phoenix, AZ 85004-2555 Telephone: …
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 …
SCOTUS Announces Confrontation Clause Prohibits Expert Witness From Testifying About Non-­Testifying Expert’s Statements Regarding Forensic Testing Performed by Non-­Testifying Expert in Support of Testifying Expert’s Opinion Testimony at Trial by Sam Rutherford by Sam Rutherford The Supreme Court of the United States unanimously held that the Sixth Amendment’s Confrontation Clause …
Article • November 1, 2024 • from CLN November, 2024
SCOTUS Clarifies Prejudice Standard Under Strickland for Ineffective Assistance of Counsel Claims at Capital Sentencing by Sam Rutherford by Sam Rutherford The Supreme Court of the United States clarified the governing test for determining whether errors defense counsel made during a capital sentencing hearing resulted in sufficient prejudice to require …
Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community by Anthony Accurso by Anthony W. Accurso The Supreme Court of Arizona held that a defendant’s third postconviction relief (“PCR”) motion was not untimely, nor …
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 …
Brief • June 3, 2024
Filed under: Failure to Treat
Jensen v. Thornell, AZ, Order, Medical Neglect, 2024 Case 2:12-cv-00601-ROS Document 4637 Filed 06/03/24 Page 1 of 9 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Shawn Jensen, 9 Plaintiff, 10 11 v. 12 Ryan Thornell, 13 No. CV-12-00601-PHX-ROS …
Filing • May 3, 2024
Prison Legal News v. Ryan, AZ, Settlement Agreement, PLN Censorship, 2024 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement") is made and entered into by and among: "Plaintiff': Prison Legal News, a project of the Human Rights Defense Center (referred to herein as ''Plaintiff'). "Defendant": State …
Filing • March 20, 2024
Prison Legal News v. Ryan, AZ, Order Granting Attorneys' Fees and Expenses, PLN Censorship, 2024 Case 2:15-cv-02245-ROS Document 379 Filed 03/20/24 Page 1 of 18 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Prison Legal News, Plaintiff, 10 …
U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence by Douglas Ankney by Douglas Ankney The current justices on the Supreme Court of the United States (“SCOTUS”) apparently prioritize ideology over guilt or innocence. Almost 40 years ago, SCOTUS held that the U.S. Constitution’s Sixth Amendment guarantee of a …
Brief • November 7, 2023
Fox v. Arizona, AZ, Order Granting Dft's Motion for Summary Judgment, Sexual Assault, 2023 Case 2:21-cv-01089-MTL Document 177 Filed 11/07/23 Page 1 of 12 1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Marcella Fox, No. CV-21-01089-PHX-MTL Ms. …
Article • November 1, 2023 • from CLN November, 2023
Study: ‘Inconclusive Finding’ by Examiner of Cartridge Casing Should Be Finding of ‘Excluded’ 85% of the Time by Douglas Ankney by Douglas Ankney A recent study by researchers from Arizona State University (“ASU”) “found that 85% of cartridge cases that were judged inconclusive by forensic firearm examiners were actually fired …
Article • November 1, 2023 • from CLN November, 2023
Arizona Attorney General Settles Lawsuit, Agrees to Toss Unconstitutional Law Banning the Recording of Cops by Jo Ellen Nott by Jo Ellen Nott In a victory for the First Amendment, the Arizona Attorney General agreed to settle a lawsuit brought in August 2022 challenging a state law that banned recording …
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 …
Brief • September 22, 2023
Filed under: Excessive Force, Shootings
Waller v. City of Nogales, AZ, Opposition to Dft's Motion for Summary Judgment, Excessive Force, 2023 1 2 3 4 5 Paul Gattone Arizona Bar # 012482 LAW OFFICE OF PAUL GATTONE 301 S. Convent Tucson, AZ 85701 (520) 623-1922 Attorney for Plaintiff 6 IN THE FEDERAL DISTRICT COURT FOR …
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