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Massachusetts Remains a Civil Forfeiture Outlier
by Jayson Hawkins
The five-plus decade battlefield of America’s war on drugs and crime is littered with dishonesty, abuse, and failure, which goes far to explain why 50 years of social war has achieved nothing beyond the growth of a massive police state and increased unrest in over-policed communities.
Many ...
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More from this issue:
- Acquitted Conduct Sentencing, by Douglas Ankney
- Mental Health Response Teams Proved Effective in New York City, by Casey Bastian
- ‘Planning for Losing’: A Lesson on Justice Reform from Afghanistan, by Marc Levin
- Texas Court of Criminal Appeals: Defendant Satisfied Requirements of Confession and Avoidance, ‘Unintentional Self-Defense’ Jury Instruction Allowed Against Charge of Intentional Offense, by Douglas Ankney
- Fourth Circuit: State’s Failure to Plead Procedural Default Results in De Novo Review on Merits; Prosecutor’s Comments to Jury to Send ‘Societal Message’ Denied Defendant Fair Trial, Habeas Relief Warranted, by Dale Chappell
- Mental Illness and False Confessions: A Wakeup Call to Investigators, by Joseph Buckley
- Georgia Supreme Court Declares ‘Relevance’ Not Legal Standard for Suppression Determination Where Items Seized Outside Scope of Warrant, Clarifies Plain View Doctrine Proper Standard, and Overrules McBee, Walsh Line of Cases, by Anthony Accurso
- Michigan Supreme Court Announces 2011 SORA May Not Be Retroactively Applied to Registrants Whose Offenses Predated Its Enactment Because Doing So Violates Prohibition on Ex Post Facto Laws, by Douglas Ankney
- California Now Able to Decertify Bad Cops, by Edward Lyon
- Texas Court of Criminal Appeals: Although Subsequent Indictment Recites Same Language as Original Indictment, SOL Isn’t Tolled Where Subsequent Indictment Fails to Charge Same Conduct, Act, or Transaction, by Douglas Ankney
- Texas Court of Criminal Appeals: Trial Court Abused Discretion by Refusing to Allow Withdrawal of Jury-Trial Waiver for Defendant Who Ultimately Rejected Plea Deal, by David Reutter
- Idaho Supreme Court Rejects ‘Instinctive Entry Rule’ as Not Implicating Fourth Amendment Where Drug-Sniffing Dog Breaches Interior of Vehicle During Exterior Search and Suppresses Evidence, by Douglas Ankney
- SCOTUS Announces Pursuit of a Misdemeanant Does Not Categorically Constitute an Exigent Circumstance Authorizing a Warrantless Home Entry, by Douglas Ankney
- Pennsylvania Supreme Court Announces New Framework for Enforcing Right to Effective Counsel in Post-Conviction Relief Act Proceeding, by Douglas Ankney
- Connecticut Supreme Court Overrules Aquino, Holding Appeal Not Moot Where Defendant Deported During Pendency but Unclear Whether Appealed Conviction Sole Basis for Deportation, by Douglas Ankney
- Nevada Supreme Court: Prisoner’s Claim He Is Now Actually Innocent of Death Penalty Sufficient to Overcome Proce-dural Bars to Habeas Relief, by Douglas Ankney
- California Court of Appeal: Peremptory Challenge to Judge in Habeas Case Subject to 10-Day Filing Period, Not 60 Days, Under § 170.6(a)(1), by Dale Chappell
- SCOTUS: Rehaif Error Doesn’t Automatically Require Reversal of Conviction, Plain-Error Test Must Be Satisfied for Re-lief, by Dale Chappell
- Oregon Supreme Court Announces Abandonment of Per Se Exigency Rule in Automobile Exception and Holds Warrantless Seizure or Search Must Be Based on Actual Exigent Circumstances, by Jacob Barrett
- Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces Bodycam Video Subsequently Reviewed in Unrelated Investigation Constitutes Unconstitutional Warrantless Search, by Anthony Accurso
- Concealed Videos Expose Pattern of Abuse by Louisiana State Police, by Jayson Hawkins
- Vermont Supreme Court Announces Proper Legal Standard for Warrantless Search of Home’s Curtilage, by Anthony Accurso
- Eighth Circuit: Inadmissible Hearsay Improperly Used to Revoke Supervised Release, by Matthew Clarke
- Facial Recognition Run-Down, by Anthony Accurso
- Rutgers University Pioneers New Jersey Innocence Project, by Casey Bastian
- Massachusetts Remains a Civil Forfeiture Outlier, by Jayson Hawkins
- Sixth Circuit: Michigan’s Ordinarily ‘Adequate’ Contemporaneous-Objection Rule, in Unique Circumstances, May Not Procedurally Bar Federal Habeas Review, by Dale Chappell
- Non-Prosecution Policies Seem to Work in Baltimore, by Jayson Hawkins
- DEA Continues to Seize Money Without Proof of Criminality, by Casey Bastian
- Florida’s Catch-22 for the Innocent Defendant (and Others Wishing to Protect Their Right Against Self-Incrimination), by M. Eve Hanan
- Big Tech Using Third Parties to Sell Surveillance Tools to ICE and Border Patrol, by Anthony Accurso
- Pegasus Software: State-sponsored Spyware Usage Likely Infecting Billions of Phones, by Casey Bastian
- Armed Police Drones Are Coming, by Anthony Accurso
- News in Brief
More from Jayson Hawkins:
- Bad Lawyering, Bankruptcy Torpedo Suit Over Delaware Prisoner’s Death, July 15, 2023
- Senators Rail at DOJ Failure to Report In-Custody Deaths, June 15, 2023
- Financial Pressure Finally Brings Police Reform, June 15, 2023
- “Slap On the Wrist” for California Bail Agents Who Hired Bounty Hunter Who Killed Their Client, May 1, 2023
- MTV Documentary Shines Light on Art Behind Bars, May 1, 2023
- Arizona Prisoner Condemned Again for Cellmate’s Murder, May 1, 2023
- U.S. Response to Haitian Crisis: Fund More Prisons, April 1, 2023
- Former State Prison Guards in Georgia Sentenced for Prisoner Assaults and Cover-Up, April 1, 2023
- After Years of Hard Work and Dedication, Adnan Syed Is Freed by Serendipity, March 15, 2023
- Accused War Criminals Training Cops: What Could Go Wrong?, March 15, 2023
More from these topics:
- Prison Profiteers Ready to Help Trump Make Good on Deportation Threats, Feb. 15, 2025. GEO Group/Wackenhut, Government Misconduct, Deportation/Removal/Exclusion, Police/Govt Misconduct.
- Colorado Legislature’s New Jail Oversight Committee Not Weighted in Detainees’ Favor, Jan. 15, 2025. Government Misconduct, Committee Reports, Relevant Conduct.
- GOP Michigan County Commissioner Re-elected— and Headed to Federal Prison, Jan. 15, 2025. Government Misconduct, Marijuana Laws/Issues, Probation, Parole & Supervised Release, Criticism of Government.
- Indiana Supreme Court Announces Proper Procedural Framework for Civil Forfeiture and Who Constitutes an ‘Owner’, Sept. 1, 2024. Forfeiture.
- 1,200 Washington Prisoners Lose Laptops After One Shows Up on eBay, Aug. 15, 2024. Government Misconduct, Education, Computers, Internet.
- Georgia Sheriff Takes $160,000 Kickback from Pay Tel for Video Visitation, July 1, 2024. Government Misconduct, Video Visitation, Private Phone Contractors.
- Reform-Minded Prosecutors Face Backlash for Prosecuting Bad Cops, June 15, 2024. Police Misconduct, Government Misconduct, Prosecutor/Attorney General Misconduct, Prosecutors, Police/Govt Misconduct, Criticism of Government.
- Medical Examiners’ Biased Manner of Death Determinations Sending Innocent People to Prison and Exonerating Bad Cops, June 15, 2024. Police Misconduct, Medical Misconduct, Government Misconduct, Forensic Sciences, Police/Govt Misconduct.
- More Alabama Prisoners’ Families Say Their Corpses Were Returned Without Organs, June 1, 2024. DOC/BOP misconduct, Government Misconduct.
- Watchdog Finds “Alarming Conditions” at BOP Women’s Lockup in Florida, June 1, 2024. Government Misconduct, Totality of Conditions, Bureau of Prisons (BOP).