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New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial by David Reutter by David M. Reutter The Supreme Court of New Jersey unanimously reversed the defendant’s controlled dangerous substances …
Second Circuit Holds Exclusion of Evidence Corroborating Defendant’s Testimony About Third-Party Statements Bearing on Intent Was Error, Clarifying That Rule 404(b) Does Not Bar Non-Propensity Evidence Offered to Support Credibility by David Kim by David Kim The United States Court of Appeals for the Second Circuit vacated a cocaine-importation conspiracy …
Washington Supreme Court Holds Courts Must Meaningfully Consider Youth When Assessing Miranda Waiver and Clarifies That Res Gestae Exception Requires Temporal Proximity to Charged Crime by Sagi Schwartzberg by Sagi Schwartzberg Sitting en banc, the Supreme Court of Washington vacated a second-degree murder conviction and held that the trial court …
Aphantasia: Why Truthful Witnesses Can Sound Like Liars by Richard Resch by Richard Resch "Close your eyes. Picture it. Now tell me exactly what you saw.” Across America, police treat this as a credibility test. Every day, truthful people fail it. That is the detective in the interview room. In …
Kansas Supreme Court: Trial Court Erred by Admitting Evidence of Prior Crimes Without Proper Foundation Because State Failed to Prove Defendant Committed Those Crimes by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of Kansas held that a trial court erred by admitting evidence of uncharged, suspected child abuse that …
Third Circuit: Where Prosecutor “Flooded” Jury Trial With Evidence of Defendant’s Prior Bad Acts, Counsel Was Constitutionally Ineffective in Not Seeking Contemporaneous Limiting Instructions and Not Objecting When Evidence Went Beyond Limited Purpose – by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the Third Circuit …
ICE’s Expansive Surveillance Tool Monitors Hundreds of Websites and Apps by James Mills by James Mills U.S. Immigration and Customs Enforcement (“ICE”) has developed a powerful surveillance tool that allows analysts to extract metadata from hundreds of websites, apps, and platforms, enabling the agency to gather detailed information on individuals, …
Article • April 15, 2025 • from CLN May, 2025
D.C. Police Continue Heavy Investment in Social Media Monitoring by Anthony Accurso by Anthony W. Accurso The Metropolitan Police Department (“MPD”) in Washington, D.C., has spent hundreds of thousands of dollars to monitor social media activity, targeting protesters and others not suspected of crimes, according to public records obtained through …
Reining in Police Monitoring of Social Media by Michael Thompson by Michael Dean Thompson Social media has revolutionized connectivity, allowing people to develop and maintain relationships well beyond what was possible just a generation earlier. The revolution has, however, enabled the joint planning, execution, and documentation of crimes. It is …
Article • September 1, 2024 • from CLN September, 2024
Texas Court of Criminal Appeals Holds Admission of Defendant’s Rap Videos at Trial Was Unfair Propensity Evidence and Orders New Trial by Sam Rutherford by Sam Rutherford The Court of Criminal Appeals of Texas, that state’s highest court of review in criminal cases, held that a trial court erred in …
New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense by Richard Resch by Richard Resch The Court of Appeals of New York reversed Harvey Weinstein’s convictions for …
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 …
Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Maine reversed a defendant’s domestic violence conviction after finding her attorney was ineffective for opening the door to prejudicial evidence about her parenting …
New York Court of Appeals: Admission of Prior Bad Acts Evidence to Prove Propensity to Commit Crime Harmful Error by David Reutter by David M. Reutter The Court of Appeals of New York held a trial court erred in admitting evidence of prior bad acts evidence. It further concluded the …
FBI’s Bias for Keywords by Carlo Difundo by Carlos Difundo In September of 2021, then-Assistant Director for Counterterrorism Jill Sanborn told the Senate that the FBI did not monitor publicly available social media conversations. “It’s not within our authorities,” she told them, adding that the First Amendment barred them from …
Article • August 1, 2023 • from CLN August, 2023
New York State Police Are Ramping Up Social Media Surveillance by Open records requests reveal that the New York State Police (“NYSP”) have been spending money on electronic communication surveillance tools, specifically to gather information from social media and related sites. According to records requests for expenditures relating to surveillance …
Brief • July 4, 2023
Filed under: Social Media
State of Missouri v. Biden, LA, Judgment-Prelim Injunction, Social Media, 2023 Case 3:22-cv-01213-TAD-KDM Document 294 Filed 07/04/23 Page 1 of 7 PageID #: 26947 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION STATE OF MISSOURI, ET AL. CASE NO. 3:22-CV-01213 VERSUS JUDGE TERRY A. DOUGHTY JOSEPH R BIDEN …
Article • April 9, 2023
Filed under: EP2P Software, Social Media
AI Company Scraped 30 Billion Facebook Pictures and Sold Them to the Cops by Jordan Arizmendi by Jordan Arizmendi Clearview AI is a surveillance technology used by at least 2,400 law enforcement agencies. Its CEO Hoan Ton-That recently said, in a BBC interview, that Clearview AI has fed its AI …
Article • December 22, 2022
Filed under: Censorship, Social Media
The Twitter Files by Benjamin Tschirhart, Richard Resch The Twitter Files Internal Communications Reveal Collusion With Outside Parties, Including Government Officials and Political Operatives, to Censor and Deplatform People Based on Their Views – the Most Prominent Being Donald Trump Despite Being a Story of Historic Importance, Mainstream Media Are …
Article • November 15, 2022 • from CLN December, 2022
Social Media Surveillance by Jayson Hawkins by Jayson Hawkins Big Brother is still watching. Amid a growing chorus of troubling reports about the extraordinarily effective efforts of the police state in China to spy on its citizens’ online activity, evidence continues to accumulate showing that police excel at snooping around …
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