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Second Circuit Declares Police Firearms Examiners Subject to Brady, Examiner Who Failed to Disclose Exculpatory Ballistics Report Not Entitled to Qualified Immunity

Loaded on Dec. 15, 2021 by Douglas Ankney published in Criminal Legal News January, 2022, page 34
Filed under: Opinions and Expert Testimony, Immunity - Absolute and Qualified, Evidence - Failure to Disclose. Location: Connecticut.

by Douglas Ankney

The U.S. Court of Appeals for the Second Circuit affirmed the decision of the U.S. District Court for the District of Connecticut that held police forensic firearms examiner James Stephenson was not entitled to qualified immunity in a suit alleging he withheld exculpatory ballistics reports in violation ...

 

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  1. How Cops Use Copyright Laws to Prevent the Public from Recording Their Bad Acts, by Dale Chappell
  2. “If Everybody’s White, There Can’t Be Any Racial Bias”: The Disappearance of Hispanic Drivers From Traffic Records, by Richard Webster
  3. Brooklyn DA Releases List of Untrustworthy Cops, by Anthony Accurso
  4. You’d Better Watch Out: The Surveillance State Has a Naughty List, and You’re On It, by Nisha Whitehead, John W. Whitehead
  5. Sixth Circuit: Only One Conviction May Result Under § 922(g) for Single Incident of Firearm Possession, by Douglas Ankney
  6. Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof, by Douglas Ankney
  7. The AEDPA: A Forgotten Catalyst in Mass Incarceration, by Dale Chappell
  8. New Jersey Supreme Court Announces Arrestees in Police Custody Have Reasonable Expectation of Privacy in Calls Made on Police Station Phone Absent Notice That Call Is Being Monitored or Recorded, by Douglas Ankney
  9. Crime Rates Rise and Fall. The Police Mostly Have Nothing to Do With It., by Aya Gruber
  10. Pennsylvania Supreme Court Announces Framework for Determining Whether State of Mind Exception to Hearsay Rule Applies to Out-of-Court Statements, Dual-Purpose Statements Generally Inadmissible, by Matthew Clarke
  11. Fourth Circuit: Long-Term Aerial Surveillance That Reveals ‘Whole of Individuals’ Movements’ Constitutes Search Without a Warrant, Violates Fourth Amendment, by Douglas Ankney
  12. Rethinking the ‘Sex Offender’ Label, by Derek Logue
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  14. California Court of Appeal: Police Created Atmosphere of Custodial Interrogation Requiring Miranda Warnings Even Though Prearrest Interview Occurred in Teen Suspect’s Home, by Douglas Ankney
  15. California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes, by Douglas Ankney
  16. Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption, by Douglas Ankney
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