×
You've used up your 3 free articles for this month. Subscribe today.
Electrocution by Taser Is Not Death From Excited Delirium
Loaded on Nov. 1, 2023
by Douglas Ankney
published in Criminal Legal News
November, 2023, page 33
Filed under:
Stun Guns/Tasers,
Excessive Force (Wrongful Death).
Location:
United States of America.
by Douglas Ankney
A rose by another name may still be a rose, but electrocution by a cop’s taser is deemed death from excited delirium. At least, that was the determination until recently. In March 2023, the National Association of Medical Examiners (“NAME”) said “excited delirium” should not be cited ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Your Car Is Spying on You, by Michael Thompson
- People of Maine at Forefront of Battle to Keep Government Security Apparatus in Check, by Douglas Ankney
- A Nation of Snitches: DHS Is Grooming Americans to Report on Each Other, by Nisha Whitehead, John W. Whitehead
- Montana Supreme Court: Retroactive Application of Montana’s Sex Offender Registration Law, as Amended Since 2007, Violates Ex Post Facto Clause of State Constitution, by Douglas Ankney
- Checking In With Community Supervision, by Anthony Accurso
- New Jersey Takes First Steps in Eliminating Public Defender Fees, by Jordan Arizmendi
- Ninth Circuit: Younger Abstention Doctrine Inapplicable Where Habeas Petitioner Seeks Stay While § 1172.6 Petition in State Court Being Litigated and Petitioner Entitled to Stay of Habeas Proceedings While State Petition Pending, by Douglas Ankney
- Advent of ‘Green’ Ammunition Prompts Forensic Science to Analyze Organic and Inorganic Gunshot Residue and Establish Benchmarks for CSI, by Jo Ellen Nott
- Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, by Richard Resch
- Michigan Supreme Court Holds Guilty Plea Cannot Be ‘Voluntary and Knowing’ When Induced by Inaccurate Understanding of Minimum and Maximum Prison Sentence, by David Reutter
- Study Reveals Important Details About iPhone’s Building Level Registration Reliability, by Jo Ellen Nott
- California Supreme Court Clarifies Harmless-Error Analysis of Alternative-Theory Error, Reverses and Remands Where Court of Appeal Applied Incorrect Standard, by Douglas Ankney
- Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim, by Douglas Ankney
- 10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm, by Anthony Accurso
- Study: ‘Inconclusive Finding’ by Examiner of Cartridge Casing Should Be Finding of ‘Excluded’ 85% of the Time, by Douglas Ankney
- Facial Recognition Software Gives Unreliable Results with Black Individuals and Leads to Unlawful Arrests, by Jo Ellen Nott
- ICE Employees Caught (Again) Misusing Access to Databases, by Jordan Arizmendi
- Fourth Circuit: Evidence Suppressed Where Officers Seized Defendant Without Reasonable Suspicion and Forced Him to Prove He Was Not Armed, by Anthony Accurso
- Electrocution by Taser Is Not Death From Excited Delirium, by Douglas Ankney
- New Jersey Supreme Court Announces Presumption in Favor of In-Person Interpreter for Criminal Trials and Issues Guidelines for Use of Video Remote Interpreting, by Matthew Clarke
- Sheep and Sheepdogs: Use and Abuse of Non-Lethal Crowd Control Weapons, by Benjamin Tschirhart
- Arizona Attorney General Settles Lawsuit, Agrees to Toss Unconstitutional Law Banning the Recording of Cops, by Jo Ellen Nott
- Fourth Circuit Vacates Denial of First Step Act Relief Where Record Unclear Whether District Court Considered All Nonfrivolous Arguments Raised by Defendant, by Douglas Ankney
- Sixth Circuit: Plain Error Where District Court Required Defendant at Resentencing to Admit Guilt in Order to Fully Consider Defendant’s Evidence of Rehabilitation, by Douglas Ankney
- Colorado’s Amendments to Post-Conviction DNA Testing Statute Allows Greater Number of Affected Persons to Seek Testing, by Douglas Ankney
- Gunshot Detection Technology Continues to Acquire New Business Despite Major Clients Dropping Contracts and Researchers Questioning Its Effectiveness, by Jo Ellen Nott
- Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill, by Douglas Ankney
- Computing Fear in Black and Brown Communities, by Michael Thompson
- DOJ Concludes Louisville Police Engaging in Patterns of Unconstitutional Conduct, by Douglas Ankney
- ICE Tramples Over the Judicial System, by Jordan Arizmendi
- U.K. Study of Consistency Among Pairs of Child Witnesses Shows Surprising Results, by Matthew Clarke
- Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding, by Douglas Ankney
- West Virginia Supreme Court Announces in the Absence of a Deadline, Trial Court Must Permit Defendant to Stipule to Prior Conviction During Trial, by Douglas Ankney
- Geofencing January 6th, by Michael Thompson
- Three’s a Crowd: Issues of DNA Mixture Analysis and Interpretation, by Eike Blohm, MD
- New Mexico Supreme Court Announces Trial Courts Retain Common Law Jurisdictional Authority to Correct Illegal Sentences, Allows Defendant to Withdraw Plea After Sentence Correction Involving Additional Parole Time, by Anthony Accurso
- News in Brief
More from Douglas Ankney:
- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024
- Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024
- New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, May 15, 2024
- Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, May 15, 2024
- New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase, May 15, 2024
- $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024
- Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, April 15, 2024
- New York Court of Appeals Declines to Adopt Per Se Rule That Handcuffed Person Is Always ‘In Custody’ for Miranda Purposes, but Holds the Handcuffed Defendant Was ‘In Custody’ and Suppress Incriminating Statements, April 15, 2024
- Fifth Circuit: Admission of DHS Investigation Form G-166F at Trial Where Preparer of Form Did Not Testify Violates Confrontation Clause and Rule Against Hearsay, April 15, 2024
- Does the Fourth Amendment Protect Cellphones at the Border?, April 15, 2024
More from these topics:
- Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018, April 1, 2024. Prisoner-Prisoner Assault, Jail Misconduct, Jail Specific, Wrongful Death, Excessive Force (Wrongful Death), Public Records Act.
- $8.5 Million Settlement After Pretrial Detainee Suffocated by Guards and Medical Staff at Virginia Psychiatric Hospital, April 1, 2024. Guard Misconduct, Medical Misconduct, Excessive Force (Wrongful Death), Civil Commitment.
- Colorado Sheriff Resigns After Deputies Fatally Shoot Motorist, March 1, 2024. Supervisory Liability, Excessive Force (Wrongful Death).
- Sixth Circuit Revives Suit by Pregnant Mentally Ill Michigan Detainee Allegedly Kicked in Her Womb by Jail Guard, Losing Baby, Feb. 1, 2024. Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness).
- Fifth Circuit: Texas Jail Guard’s Use of Taser on Compliant Detainee Unconstitutional, Feb. 1, 2024. Jail Misconduct, Stun Guns/Tasers, Supervisory Liability.
- BOP Slammed for Prisoner Abuse in Now-Shuttered Segregation Unit at USP-Thomson in Illinois, Feb. 1, 2024. Retaliation for Media Contact, Retaliation for Filing Grievances, Retaliatory Segregation, Failure to Protect (General), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Control Units/SHU/Solitary Confinement, Bureau of Prisons (BOP).
- California Bans Bogus ‘Excited Delirium’ Diagnosis as Cause of Death, Jan. 15, 2024. Medical Misconduct, junk science, Medical Neglect/Malpractice, Police--Excessive Force, Excessive Force (Wrongful Death), State Statutes.
- Alabama DOC Proves Truly “Heartless”, Jan. 1, 2024. Prisoner-Prisoner Assault, Guard Misconduct, Threats by Staff, Parole Board Misconduct, Retaliation for Litigating, Retaliation for Media Contact, Retaliation for Organizing, Whistleblowing, Retaliatory Segregation, Prison/Jail Murders, Failure to Protect (General), Staffing, Wrongful Death, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Control Units/SHU/Solitary Confinement.
- Former Florida Guard Gets Five Years for Fatal Assault on Mentally Ill Prisoner, Jan. 1, 2024. Misconduct/Corruption, Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death), Guards/Staff.
- Multiple Staffers Arrested at Georgia’s Clayton County Jail, Jan. 1, 2024. Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Stun Guns/Tasers, Restraints, Excessive Force (Wrongful Death).