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‘Sexome’ Bacteria Offers New Path to Justice in Sexual Assault Cases Where DNA Is Not Present by Jo Ellen Nott Forensic science has traditionally relied on DNA evidence from sperm to identify suspects in sexual assault cases. However, when no sperm is present—such as when a perpetrator uses a condom—these …
Article • February 1, 2025 • from CLN February, 2025
Federal Facial Recognition Technology Fails Again by Michael Thompson by Michael Dean Thompson The federal government has again discovered that its use of facial recognition technology (“FRT”) harms Americans. The agencies using the technology are often doing so with little oversight or training, which is what the Government Accountability Office …
Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit …
Article • April 15, 2023 • from CLN May, 2023
Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners by Dale Chappell by Dale Chappell If you’re filing for post-convictionrelief under 28 U.S.C. § 2255, getting the court to grant an evidentiary hearing is a big step toward getting that relief. Successful § 2255 motions are often based on claims …
Article • December 15, 2022 • from CLN January, 2023
New York Court of Appeals Reverses Murder Conviction Where Trial Court’s Evidentiary Rulings Deprived Defendant of ‘Opportunity to Present Complete Defense’ by Douglas Ankney by Douglas Ankney The Court of Appeals of New York reversed Deshawn Deverow’s murder conviction after concluding the trial court’s evidentiary rulings deprived him of “a …
Article • August 15, 2020 • from CLN September, 2020
Hawai’i Supreme Court Announces Police Officers May Not Testify That Driver Appeared Intoxicated, Overruling Toyomura by Douglas Ankney by Douglas Ankney On June 30, 2020, the Supreme Court of Hawai’i announced that, going forward, police officers are not permitted to testify in expert or lay capacity that a driver appeared …
Article • June 15, 2020 • from CLN July, 2020
Colorado Supreme Court: Requiring Defense to Disclose Exhibits to Prosecution Before Trial Violates Due Process Rights by Dale Chappell by Dale Chappell Ending what had been a “standard case-management practice,” the Supreme Court of Colorado held that a trial court may not order a defendant to turn over his defense …
Article • September 16, 2019 • from CLN October, 2019
Third Circuit Rules Lower Courts Abused Discretion When They Failed to Conduct Evidentiary Hearing on Brady Claim and on Conflict of Interest Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that the Superior Court abused its discretion when it failed to …
Article • February 14, 2019 • from CLN March, 2019
Texas Court of Criminal Appeals Clarifies Proper Evidentiary Standard and Type of Evidence for Informal Competency Hearing by Christopher Zoukis by Christopher Zoukis The Court of Criminal Appeals of Texas reversed a trial court’s refusal to grant a criminal defendant a formal competency evaluation, finding that the trial court and …
Article • November 28, 2018 • from CLN December, 2018
New York Court of Appeals: Excited Utterance Must Be Based on Personal Observation to Be Admissible as Exception to Hearsay Rule by Dale Chappell by Dale Chappell The New York Court of Appeals reversed a conviction in which an “excited utterance” overheard in the background on a 911 call ostensibly …
Article • November 6, 2018 • from CLN November, 2018
Nevada Supreme Court Announces Testimony at Probation Revocation Hearing Inadmissible in Later Criminal Proceeding by Dale Chappell by Dale Chappell Announcing a new rule to protect the constitutional rights of criminal defendants who face both probation revocation and new criminal charges, the Nevada Supreme Court held that testimony and evidence …
Article • September 24, 2018 • from CLN October, 2018
Federal Court Suppresses Evidence Where Consent to Search Vehicle Obtained Via Google Translate by Christopher Zoukis by Christopher Zoukis A federal judge in the United States District Court for the District of Kansas threw out evidence found during a warrantless search of a vehicle when “consent” was obtained from a …
Article • September 23, 2018 • from CLN October, 2018
Kentucky Supreme Court Tosses Evidence Holding Dog Sniff of Nervous Driver with Prior Drug Charges was Unreasonable by Dale Chappell by Dale Chappell The Supreme Court of Kentucky held that a drug-dog sniff based on the nervousness of the driver who had prior drug charges (but not convictions) was an …
Article • September 23, 2018 • from CLN October, 2018
Filed under: Evidentiary Ruling
Seventh Circuit Affirms Order Granting New Trial Due to Newly Discovered Evidence by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit affirmed a district court’s ruling that a criminal defendant should get a new trial because an audio recording that was favorable and …
Article • August 20, 2018 • from CLN September, 2018
Eighth Circuit Rules Officer’s Inability to Read Temporary Vehicle Tag Does Not Justify Traffic Stop, Evidence Obtained Must be Suppressed by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that evidence obtained during a traffic stop that was …
Article • July 21, 2018 • from CLN August, 2018
Seventh Circuit Affirms Suppression of Evidence Because Traffic Stop Unreasonably Prolonged by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit affirmed a district court’s ruling that evidence obtained from an unlawfully extended traffic stop must be suppressed. The March 7, 2018, decision upheld …
Not Disclosed: NSA-Obtained Evidence by Derek Gilna by Derek Gilna The Intercept has revealed that Foreign Intelligence Surveillance Act (“FISA”) evidence is frequently being used to convict people in federal court without disclosing to defendants that such evidence is being relied upon, as required by federal law. “The FBI frequently searches …
Article • January 19, 2018 • from CLN February, 2018
Washington Supreme Court Grants Full Evidentiary Hearing for Civilly Committed SVP by Mark Wilson by Mark Wilson The en banc Supreme Court of Washington held that a civilly committed sexually violent predator (“SVP”) was entitled to an evidentiary hearing. The State failed to carry its burden of making a prima …
McBride v. Sanden, IA, Complaint, Wrongful Arrest, 2018 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA JOSEPH ROSCO MCBRIDE, PLAINTIFF, vs. JERRY A. VANDER SANDEN, individually and in his official capacity as Linn County Attorney and LINN COUNTY, IOWA, DEFENDANTS. ) ) ) ) ) ) …
Article • December 21, 2017
Ninth Circuit: Police Brady Duty Was Clearly Established in 1984 by Mark Wilson by Mark Wilson The United States Court of Appeals for the Ninth Circuit held that the law was clearly established before 1984 that police officers have a duty to disclose material, exculpatory evidence. In 1963, the United …
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