California Court of Appeal Holds Perkins Operation Violated Miranda Where Known Law Enforcement Officer’s “Stimulation” Tactics Amounted to Custodial Interrogation After Suspect Invoked Right to Counsel by David Kim by David Kim The Court of Appeal of California, Fourth Appellate District, unanimously reversed a second-degree murder conviction, holding that when …

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 …

NYC Murder Convictions Vacated After Withheld Evidence Reveals “Factually Impossible” Coerced Confession by Jo Ellen Nott by Jo Ellen Nott A Manhattan judge vacated the convictions of Brian Boles and Charles Collins for a 1994 Harlem murder, the Innocence Project reported. Judge Ruth Pickholz ended the nearly three-decade ordeal, which …

Maryland Supreme Court Clarifies Process for Admitting Co-Conspirator’s Hearsay Statements During Police Interview Under ‘Declaration Against Penal Interest’ Exception, Trial Court Must ‘Parse’ Interview to Determine Admissibility of Each Statement by Sam Rutherford by Sam Rutherford The Supreme Court of Maryland clarified the process a trial court must follow when …

Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements by Anthony Accurso by Anthony W. Accurso The Supreme Court of Oregon upheld a Court of Appeals decision ordering a new trial for a defendant …

From the Sad but True Files: Police Oppose Laws Prohibiting Cops From Lying to Juveniles During Interrogations by Douglas Ankney by Douglas Ankney Vehement opposition by law ­enforcement stopped the passage of a 2022 Colorado bill that would have banned police from lying to juvenile suspects while attempting to extract …

Civilian Oversight Commision Special Counsel-Deputy Gangs and Deputy Cliques in the LA Sheriff's Dept-Feb. 2023 REPORT AND RECOMMENDATIONS OF THE SPECIAL COUNSEL TO SHERIFF CIVILIAN OVERSIGHT COMMISSION REGARDING DEPUTY GANGS AND DEPUTY CLIQUES IN THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT February 2023 Sheriff Civilian Oversight Commission COMMISSIONERS Sean Kennedy, Chair …

Oregon Supreme Court: Right to Counsel Violated by Police Questioning Defendant About an Uncharged Crime in Connection With Charged Crime for Which Defendant Represented by Counsel by Mark Wilson by Mark Wilson The Supreme Court of Oregon vacated a murder conviction, holding that police questioning of a represented criminal defendant …

An Empirical Analysis of Racial Differences in Police Use of Force, National Bureau of Economic Research, 2018 NBER WORKING PAPER SERIES AN EMPIRICAL ANALYSIS OF RACIAL DIFFERENCES IN POLICE USE OF FORCE Roland G. Fryer, Jr Working Paper 22399 http://www.nber.org/papers/w22399 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA …