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Article • April 12, 2019 • from CLN May, 2019
Filed under: Evidence, Search warrants
Fourth Circuit: Unreasonable Post-Seizure Delay in Obtaining Warrant Requires Suppression of Evidence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that a 31-day delay in obtaining a search warrant after seizing a defendant’s cellphone, without reasonable justification, violates the Fourth Amendment and …
Article • June 17, 2018 • from CLN July, 2018
Ohio Supreme Court: Prisoner Entitled to Results of Post-Conviction DNA Profile by Matthew Clarke by Matt Clarke On March 6, 2018, the Supreme Court of Ohio held that the State must provide a prisoner the DNA profile created after his application for post-conviction DNA testing of crime-scene evidence was granted. …
Article • March 16, 2018 • from CLN April, 2018
Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness by Derek Gilna by Derek Gilna Judicial proceedings are governed by strict rules, but none is more burdensome to convicted offenders than having their testimony disregarded because of a prior felony conviction. Federal proceedings are governed by …
Article • February 16, 2018 • from CLN March, 2018
CA Court Rejects Inventory Search and Inevitable Discovery Arguments in Warrantless Search Case by Richard Resch by Richard Resch The Court of Appeal of California, First Appellate District, ruled that evidence obtained in violation of the Fourth Amendment and the California Constitution should have been suppressed, and it reversed defendant’s …
Article • February 16, 2018 • from CLN March, 2018
DNA Evidence: New Jersey Court Vacates Two 1996 Murder Convictions by Mark Wilson by Mark Wilson After spending 24 years behind bars for murder, Eric Kelley and Ralph Lee walked out of a New Jersey prison in November 2017. Weeks earlier, New Jersey Superior Court Judge Michael Portelli had vacated …
Article • December 27, 2017
Suspect Evidence Informed a Momentous Supreme Court Decision on Criminal Sentencing by Ryan Gabrielson by Ryan Gabrielson, ProPublica  <script type="text/javascript" src="https://pixel.propublica.org/pixel.js" async="true"></script> More than 30 years ago, Congress identified what it said was a grave threat to the American promise of equal justice for all: Federal judges were giving wildly different punishments …
Article • December 19, 2017
Faulty Forensics and Lab Scandals Highlight Urgent Need for Enforceable Scientific Standards by Matthew Clarke by Matt Clarke A 2009 report by the National Academy of Sciences (“NAS”) criticizing the varying quality of crime labs throughout the nation and questioning the scientific basis of several forensic methods that were routinely …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Evidence
California SVP Determination Based on Hearsay Evidence Reversed by Mark Wilson by Mark Wilson The Court of Appeal of California, Second Appellate District reversed a Sexually Violent Predator (“SVP”) adjudication, finding that the State’s expert witnesses improperly testified about inadmissible hearsay evidence in support of their conclusion that the SVP …
Publication • 2016
Filed under: Evidence, Expert Witnesses
EOPPCAST - Forensic Science in Criminal Courts, 2016 REPORT TO THE PRESIDENT Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods Executive Office of the President President’s Council of Advisors on Science and Technology September 2016 REPORT TO THE PRESIDENT Forensic Science in Criminal Courts: Ensuring Scientific Validity …