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Oregon Supreme Court Announces Bright-Line Rule Requiring Dismissal Without Prejudice When State Fails to Appoint Counsel for Eligible Criminal Defendant Within 60 Days in Misdemeanor Cases or 90 Days in Felony Cases Post-Arraignment by David Kim by David Kim The Supreme Court of Oregon held that the State violates Article …
Maryland Supreme Court Announces Public Defender Act Requires Effective Assistance of Counsel in Certiorari Petition Where Public Defender Appointed Panel Attorney for Direct Appeal and Certiorari Petition by Sagi Schwartzberg by Sagi Schwartzberg In an issue of first impression, the Supreme Court of Maryland held that under the plain language …
Article • December 15, 2025 • from CLN January, 2026
Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents by David Kim by David Kim The United States Court of Appeals for the Ninth Circuit reversed the U.S. District Court for the District of …
Indigent Defense: Appointed Counsel Does Not Mean Free Counsel by David Reutter by David M. Reutter The law firmly provides that every criminal defendant has the constitutional right to the effective assistance of counsel. Appearance of counsel is largely dependent upon one’s financial state. A person of financial means is …
Article • September 1, 2024 • from CLN September, 2024
AI-Generated Police Reports Must Have Guardrails for Inaccuracy, Bias, Transparency, and Review by Jo Ellen Nott by Jo Ellen Nott Axon announced the launch of Draft One, a technology that the company calls its newest public safety product, on April 23, 2024. This AI system generates police reports from the …
Seventh Circuit: Whether Right to Counsel ‘Attaches’ Is Not Dependent on Defendant’s Appearance at Probable Cause Hearing by Anthony Accurso by Anthony W Accurso The U.S. Court of Appeals for the Seventh Circuit ruled that Wisconsin courts denied a defendant his Sixth Amendment right to counsel by failing to appoint …
Article • December 15, 2022 • from CLN January, 2023
Miami Police Officer Who Broke ‘Blue Code of Silence’ Being Investigated by Casey Bastian by Casey J. Bastian Miami Police Department (“MPD”) Chief of Police Manny Morales believes in officer accountability. His statement makes that clear: “If in fact it is determined that it is our officer, he will be …
Article • December 15, 2022 • from CLN January, 2023
Indiana Supreme Court Announces Trial Rule 26(B)(3) Governs Whether Police Reports Are Protected Work Product, Expressly Overruling Keaton by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that trial courts are to follow the two-pronged definition of Trial Rule (“TR”) 26(B)(3) to determine whether a police report …
Article • June 15, 2022 • from CLN July, 2022
Police Outsourcing Reduces Transparency by Anthony Accurso by Anthony W. Accurso Transparency and accountability in law enforcement make for better relationships between police and the communities they serve, but a growing reliance on tech provided to police by private companies is reducing transparency. An October 2021 report in the journal …
Article • April 3, 2022
DOJ: More Police Departments Declining to Report Hate Crimes by Brooke Kaufman by Brooke Kaufman According to Axios, some law enforcement agencies are choosing not to share statistics on hate crimes with the FBI. This comes as the U.S. Justice Department reports “skyrocketing” hate crime incidents. Advocates and DOJ officials …
Article • December 15, 2021 • from CLN January, 2022
Brooklyn DA Releases List of Untrustworthy Cops by Anthony Accurso by Anthony W. Accurso The District Attorney’s Office for Brooklyn, New York, released a list of New York City Police Department officers who cannot testify in court because of prior misconduct. Known as a Brady (or more precisely for New …
Article • November 15, 2021 • from CLN December, 2021
Report Chronicles Growing List of Exonerations by Jayson Hawkins by Jayson Hawkins In the first years of the 21st century, exonerations of men and women who had served decades for crimes they did not commit made national news, both because of the terrible tragedies they represent and because they were …
Article • December 15, 2020 • from CLN January, 2021
Lawsuit Challenges DEA Cash Seizures by Jayson Hawkins by Jayson Hawkins Traveling with large amounts of cash is perfectly legal, even on a commercial airliner, so Stacy Jones and her husband were unconcerned about putting over $40,000 in their carry-on luggage when they had to cut their casino vacation short. …
Article • September 15, 2020 • from CLN October, 2020
SCOTUS ‘Shadow Docket’ Secretly Pushes Agendas, Issues Major Rulings Without Argument or Public Knowledge by Dale Chappell  by Dale Chappell For the first time since 1862, the U.S. Supreme Court has decided a record low number of regular-docket cases – just 52. But that doesn’t mean the highest court in …
Publication • 2020
Systemic Oppression and the Contested Ground of Information Access for Incarcerated People 2020 DE GRUYTER Open Information Science 2020; 4: 169–185 Research Article Jeanie Austin*, Melissa Charenko, Michelle Dillon, Jodi Lincoln Systemic Oppression and the Contested Ground of Information Access for Incarcerated People https://doi.org/10.1515/opis-2020-0013 Received October 30, 2019; accepted July …
Article • April 15, 2020 • from CLN May, 2020
Prosecutors Overrepresented Among Federal Judges by Jayson Hawkins by Jayson Hawkins Imagine your alma mater was about to play its rival in the season’s biggest game. Imagine also that, the day before the game, it was revealed that the majority of the referees were alumni of the other school. Even …
Article • December 1, 2019
Filed under: Court Appearances
Oregon Release Agreement Did Not Require Personal Appearance; FTA Conviction Reversed by Mark Wilson by Mark Wilson The Oregon Court of Appeals reversed a first-degree failure to appear conviction, finding that the release agreement allowed for an appearance through counsel rather than personal appearance. Zachary Michael Lobue was detained in …
Article • October 15, 2019 • from CLN November, 2019
Tens of Thousands of Sentencing Decisions Are Hidden Within PACER, Hindering Access by Lawyers and Defendants by Dale Chappell by Dale Chappell Thanks to technology, judges’ decisions in the thousands of sentences they impose each year get isolated in an unsearchable database called PACER — Public Access to Court Electronic …
Article • September 16, 2019 • from CLN October, 2019
Partial Justice by Christopher Zoukis How a Judiciary Poisoned by Politics, Ideology, and Unaccountability Contributes to the Wrongful Conviction of Innocent Men and Women by Christopher Zoukis, MBA Alexander Hamilton said in Federalist Paper No. 78 that the judiciary “may truly be said to have neither force nor will but …
Article • July 16, 2019 • from CLN August, 2019
Court Reporters Likely Fail to Accurately Transcribe Testimony for Speakers of ‘African American English’ by Anthony Accurso by Anthony Accurso  A recent Vice.com article draws attention to a pioneering study that concludes court reporters exhibit low proficiency with African American English (“AAE”), and that the problem results in a systemic …
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