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California Court of Appeal: Trial Court Violated Humphrey by Setting High Bail Without Considering Financial Condition of Defendant or Nonfinancial Conditions of Release
by Matt Clarke
The Court of Appeal of California, Second Appellate District, held the trial court erred by setting bail at an amount it knew the defendant was unable to post and failing to consider nonfinancial conditions of release for the purpose of pretrial detention in violation of In re ...
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More from this issue:
- Blue Lies Matter, by Nia T. Evans
- Missouri Supreme Court: Witness’ Two-Way Live Video Feed Testimony Violates Confrontation Clause, by Jacob Barrett
- Federal Habeas Corpus: Jurisdictional Pitfalls When Seeking Habeas Relief, by Dale Chappell
- New Jersey Supreme Court: Description of Race and Gender of Robbery Suspects, Without More, Doesn’t Constitute Reasonable Suspicion for Investigatory Traffic Stop of Black Motorists, by Mark Wilson
- Commentary: Attacking the Guilty Plea—Court Cautions More Time Possible in Child Porn Case if Post-Conviction Motion Successful, by Dale Chappell
- SCOTUS: No Procedural-Default Exceptions to Excuse Federal Habeas Evidentiary Hearing Bar, by Dale Chappell
- Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal, by David M. Reutter
- Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation, by David M. Reutter
- Ninth Circuit Holds Statute Criminalizing Encouraging or Inducing Alien to Reside in U.S. Is Overbroad and Facially Unconstitutional, by Mark Wilson
- Federal Prosecutors Directed to Stop Obtaining Compassionate Release Waivers From Defendants During Plea Agreements and to Not Enforce Previously Obtained Waivers, by Harold Hempstead
- Cop Training Other Cops to Use Facial Recognition to ID Individuals During Traffic Stops, by Anthony Accurso
- Seventh Circuit: District Court’s Failure to Exercise Discretion After Erroneously Finding Defendant Ineligible for Relief Under First Step Act Was Abuse of Discretion, by Douglas Ankney
- Seventh Circuit Vacates Sentence Where District Court’s Rationale for Defendant’s Offense Level Unclear, by Douglas Ankney
- Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence, by David M. Reutter
- California Court of Appeal: Trial Court Violated Humphrey by Setting High Bail Without Considering Financial Condition of Defendant or Nonfinancial Conditions of Release, by Matthew Clarke
- U.S. Treasury Bypasses Fourth Amendment by Buying Location Data for Law Enforcement Purposes, by Anthony Accurso
- Texas Court of Criminal Appeals Announces Coty’s ‘Inference-of-Falsity’ Framework Extended to Apply to Police Officers With Established History of Falsifying Evidence in Drug Cases, by Richard Resch
- The Feds Are Monitoring Messaging Apps, and Some Are Shockingly Unsecure, by Anthony Accurso
- Cops in Virginia Beach Used Fake DNA Reports During Interrogations, by Douglas Ankney
- Tenth Circuit Vacates Special Conditions of Supervised Release Where District Court Failed to Make Appropriate Findings and Provide Adequate Explanation, by Douglas Ankney
- Fourth Circuit: Good Cause Not Required to Withdraw Consent to Magistrate Judge’s Jurisdiction Prior to Other Parties Consenting, by Harold Hempstead
- Kentucky Supreme Court: Traffic Stop Impermissibly Extended Where Officer Stopped Writing Citation to Aid Drug-Detection Dog’s Sniff of Vehicle’s Exterior, by Anthony Accurso
- New Jersey Supreme Court: Youth May Be Considered as a Mitigating Factor but Not Aggravating Factor in Sentencing, by David Reutter
- Texas Court of Criminal Appeals Announces Overruled Motion for New Trial May Be Amended With Court’s Leave Within 30-Day Period After Sentenced Imposed, by Matthew Clarke
- Tenth Circuit Announces District Court Abused Discretion by Imposing Harsher Sentence Based on Defendant’s Decision to Plead Guilty Without Plea Agreement, by David Reutter
- Expert Forensic Testimony Flawed by Implicit Racial Bias, by Casey Bastian
- Oregon Becomes 38th State to Enact Wrongful Conviction Compensation Law, by Mark Wilson
- Federal Officers Can Violate Civil Rights With Near Impunity - Supreme Court’s Refusal to Consider New Bivens Contexts Provides Protection to Those Who Abuse Their Authority, by Casey Bastian
- Organization Created Platform to Log Police Misconduct in North Carolina, by Ashleigh Dye
- A Union Scandal Landed Hundreds of NYPD Officers on a Secret Watchlist. That Hasn’t Stopped Some From Jeopardizing Cases., by Jake Pearson
- Police Outsourcing Reduces Transparency, by Anthony Accurso
- COVID-19 Measures Do Not Interfere with Jurors’ Ability to Distinguish Between Truth and Lies, by Casey Bastian
- The Right to be Forgotten, by David Reutter
- Oregon Bans Pre-Conviction Mugshot Public Disclosure, by Mark Wilson
- Racially Disparate Sentencing Patterns Prevalent Amongst Federal Judges, by Casey Bastian
- What Happened When Oakland Tried to Make Police Pay For Misconduct Decades Ago, by Akintunde Ahmad
- Council of State Governments Initiates Efforts to Reduce Barriers to Employment for the Formerly Incarcerated, by Douglas Ankney
- News in Brief
More from Matthew Clarke:
- Federal Watchdog Slams BOP for Sham Accreditations, July 1, 2024
- Seventh Circuit Affirms Dismissal of Retaliation Claim By Federal Prisoner Against Guard in Illinois Lockup Who Saw Grievance Against Him, July 1, 2024
- Ohio Supreme Court Says Prisoner’s ‘Kite’ Is Public Record, But Denies Damages for Withholding It, July 1, 2024
- Forensic Genetic Genealogy: Law Enforcement’s Rapid Adoption Outpacing Adoption of Laws and Ethical Guidelines Regulating Its Use, June 15, 2024
- Report Finds Inaccurate Field Drug Tests Major Cause of Wrongful Convictions, June 15, 2024
- Vermont Court Orders Centurion to Cough Up Records in HRDC Suit, June 1, 2024
- Seventh Circuit: Heck Bars Civil Rights Challenges to Civil Commitment, June 1, 2024
- Lawsuit Alleges Black ICE Detainee Subjected to Racial Slurs, Choked in Restraint Chair at Pennsylvania Jail, June 1, 2024
- $7 Million Settlement for Mentally Ill Detainee’s Death in California’s Santa Rita Jail, June 1, 2024
- Florida County Pays $300,000 to Settle Jail Suicide Suit, June 1, 2024
More from these topics:
- Maryland County Wins Fight to Let Bureaucrats Make Pretrial Release Decisions, July 1, 2024. Bail/Pretrial Release.
- Changes to Appeals of Pretrial Detention Decisions Prompts Illinois Supreme Court to Adopt Changes to Appellate Rules, June 15, 2024. Appeals/Appellate Jurisdiction, Preservation of Appellate Rights/Issues, Court Rules, Bail/Pretrial Release.
- Colorado Law Creates “Rebuttable Presumption” Against Incarcerating Pregnant Women, June 1, 2024. OB/GYN, Bail, Alternative Sentencing, Mothers in Prison, Bail/Pretrial Release, Pending Appeal/Sentencing.
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024. Private Contractors, Food, Water, Jail Specific, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Bail/Pretrial Release.
- Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment?, April 15, 2024. Commentary/Reviews, Statistics/Trends, Electronic Monitoring, Electronic Surveillance, Bail/Pretrial Release, Conditions of.
- Illinois Eases Restrictions on Prisoners Released Under Supervision, March 1, 2024. Bail/Pretrial Release, Mandatory Term of Supervised Release, Conditions of.
- Resistance to Bail Reform Powered By Untruthful Scaremongering, Feb. 1, 2024. Bail Bonds, Bail/Pretrial Release, Danger to the Community.
- Cash Bail Eliminated in Illinois, Reduced in Los Angeles County, Feb. 1, 2024. Bail Bonds, Bail/Pretrial Release.
- U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, Jan. 15, 2024. AEDPA, Procedural Default/Error, Proving Cause, Capital Cases, Procedural Error, Effective Assistance of Counsel, Counsel - Right to, Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness, Right to Counsel.
- Nearly $75 Million Class-Action Settlement Reached For Delayed Releases from N.Y.C. Jails, Jan. 1, 2024. Class Certification, Class Notice, Bail/Pretrial Release.