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Montana Supreme Court: City May Not Impose Local Surcharge Not Authorized by State Law for Violation of State Criminal Statute
by Derek Gilna
Corrine Franklin, who pleaded guilty to disorderly conduct in Missoula, Montana, Municipal Court, was assessed a $25 surcharge by the City of Missoula, earmarked for a fund for the City Attorney’s Office. She objected to that surcharge, and on September 11, 2018, the Montana Supreme Court agreed ...
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More from this issue:
- News in Brief
- Race-Based Arrests Rampant in San Francisco, by Kevin Bliss
- Tracking the Prevalence of Police Crime, by David Reutter
- Former Balch Springs, Texas, Officer Found Guilty of Murder of Black Teen, by Kevin Bliss
- Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected, by Kevin Bliss
- $225,000 Settlement by Detroit for Unjustified Shooting of Dogs in Drug Case, by Derek Gilna
- Why Defining a ‘Credible Witness’ in Criminal Trials Is a Slippery Slope, by Steve Horn
- Illinois Law on Informants Designed to Avoid Wrongful Convictions, by Betty Nelander
- ‘Innocent Man Almost Executed’ Freed After Decade on Death Row, by Betty Nelander
- Washington Governor Expects to Pardon About 3,500 for Single Misdemeanor Pot Convictions, by Betty Nelander
- Police Commit Significant Number of Sex Crimes, Which May Shock the General Public but Not Those Familiar with Law Enforcement, by Kevin Bliss
- Juror Bias Often Triggered by Severity of Crime Charged, by Edward Lyon
- Investigation and Arrest of Mail Bomb Suspect Rips Cover Off Postal Surveillance, by Derek Gilna
- Campus Cops on Municipal Streets Raises Transparency and Accountability Concerns, by Virginia Griese
- Louisiana Ends Jim Crow-era Law: Unanimous Jury Requirement Now in Constitution, by Virginia Griese
- ‘Texas Reneging on Deal’ With Draconian Sex Offender Registry, but Some Are Fighting Back, by Edward Lyon
- Montana Supreme Court: Retrial Following Mistrial Declared Without ‘Manifest Necessity’ Violates Prohibition on Double Jeopardy, by Mark Wilson
- U.S. Senator Sounds Alarm on Privacy, Public Safety Concerns of Cell-Site Simulators, by Derek Gilna
- DEA Agents Trap Cocaine-Trafficking Suspects with Doctored Blackberrys, by Derek Gilna
- Federal Judge Signals That Defense Counsel Will Be Permitted To Argue Jury Nullification in Questionable Child Porn Prosecution, by Chad Marks
- Texas Court of Criminal Appeals Rules Defense Attorney Violated McCoy, Reverses Capital Convictions and Orders New Trial, by Chad Marks
- Nevada Supreme Court Reverses Convictions Where Trial Court Failed to Conduct Third Step of Batson Challenge, by Chad Marks
- Sixth Circuit: Tennessee Aggravated Sexual Battery Is Not a SORNA Tier III Offense, by Christopher Zoukis
- Georgia Supreme Court: Asportation Required to Support Kidnapping Conviction, by David Reutter
- Montana Supreme Court Overrules Its Precedents Confusing Venue and Jurisdiction, Announces Venue Is Waivable But Cannot Waive Jurisdiction, by Dale Chappell
- California Court of Appeal: Commissioner Cannot Preside Over Parole Revocation Hearing Absent Stipulation, by Douglas Ankney
- Wisconsin Supreme Court Rules Attempt to Close Door in Officer’s Face Clear Signal that Consent Not Given for Warrantless Entry, by Douglas Ankney
- Report: Bitemark Analysis Debunked as Pseudoscience, by Richard Resch
- Montana Supreme Court: City May Not Impose Local Surcharge Not Authorized by State Law for Violation of State Criminal Statute, by Derek Gilna
- Sixth Circuit Holds Tennessee Burglary Not Violent Felony Under ACCA, Overturning Previous Controlling Authority in Light of SCOTUS’ Mathis Opinion, by Dale Chappell
- Maine Supreme Court Rules Double Jeopardy Bars Re-Use of Evidence at Second Trial After Acquittal Based on Same Evidence at First Trial on Different Charges, by Dale Chappell
- West Virginia Supreme Court Vacates Sentence After State Violates Plea Bargain by Making Recommendation at Sentencing, by Matthew Clarke
- Tenth Circuit Clarifies Proper Test for Pretrial Hearing on Seized Assets Needed to Retain Counsel, by Matthew Clarke
- Public Support for Militarized Policing Ebbs, Fails to Improve Safety, by Edward Lyon
- Minnesota Supreme Court Clarifies Rule Against Judicial ‘Participation’ in Plea Negotiations, by Dale Chappell
- Study Shows Reassigning Problem Cops Could Have Saved Chicago More than $6 Million in Lawsuit Payouts, by Dale Chappell
- Washington Supreme Court Announces Effective Date of Certificate of Discharge Is Date Offender Completes All Sentence Requirements, by Chad Marks
- Fourth Circuit Vacates USSG Career Offender Sentence Predicated on Georgia Robbery, by Christopher Zoukis
- Iowa Supreme Court Announces New SOL Rule for Consecutive Postconviction IAC Claims, by Dale Chappell
- Ninth Circuit Remands Drug Case for Reconsideration of Sentencing Guidelines’ Minor-Role Adjustment, by Christopher Zoukis
- N.Y. Court of Appeals Announces When Trial Commences for Timeliness of Pro Se Requests, by Edward Lyon
- President Trump Signs First Step Act Into Law—It’s a Good Initial Attempt at Meaningful Reform, by Chad Marks
- South Carolina Supreme Court Holds Broken Chain of Custody for Drug Evidence Requires Reversal of Conviction, by Dale Chappell
- America’s Cities Are Criminalizing Homelessness, by Matthew Clarke
- Habeas Hints: SCOTUS Review 2017-18, by Tara Hoveland, Kent Russell
- Pennsylvania Supreme Court Holds Defendant Unambiguously Invoked Right to Remain Silent Suppresses Confession and Derivative Physical Evidence and Announces New Rule, by Chad Marks
- Capital Punishment in the United States: Explained, by Callie Heller, Jessica Brand
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
- Pennsylvania County Forgives $65 Million in Jail Pay-to-Stay Fees, March 1, 2025. Seizure of Prisoner Funds, Booking Fees.
- PPI Releases 10th Anniversary Report on Mass Incarceration in the U.S., Nov. 15, 2024. Prison Reform, Criminal justice system reform, Effects of Mass Incarceration.
- Nailing Down “Top Cop” Kamala Harris on Criminal Justice Reform, Oct. 15, 2024. Criminal justice system reform.
- Study Finds That Black Americans Want Both Police Presence and Reform: Looking Beyond the Headlines, Oct. 1, 2024. Criminal justice system reform, Police, Racial Profiling.
- Bruce Johnson 1950–2024, Sept. 15, 2024. Editorials, Criminal justice system reform, Attorneys.
- Massachusetts Prison Closure Reflects Success of Criminal Justice Reforms, Aug. 15, 2024. Criminal justice system reform, Rural Prisons.
- BOP Hires Sentencing Reform Advocate, July 1, 2024. Criminal justice system reform, Bureau of Prisons (BOP).
- Virginia Legislature Tables “Second-Look” Bills, July 1, 2024. Criminal justice system reform, Good Time.
- Landmark Drug Possession Reform Based on Unproven Allegations Reversed in Oregon, June 15, 2024. Criminal justice system reform, War on Drugs, State Law Claims.
- Washington Superior Court Says Jail Cannot Bill Poor Detainees for Medical Care, May 1, 2024. Medical, Seizure of Prisoner Funds, Booking Fees.