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Archive: 2017

December

• Supreme Court Sets Aside Complicated Pennsylvania Death Penalty Case by Derek Gilna
• No Qualified Immunity to Trooper Who Failed to Secure Treatment for Arrestee by Matthew Clarke
• Connecticut Supreme Court: Death Penalty Abolition is Retroactive by Matthew Clarke
• Michigan Supreme Court Uses Technicality to Deny Access to Courts in Suits Against the State by Christopher Zoukis
• Sixth Circuit: Jail Guard's Criticism of Sheriff was Protected Speech by Christopher Zoukis
• California Appellate Court Remands Sex Offender Commitment Order by Christopher Zoukis
• Eighth Circuit Affirms Dismissal of Excessive Force Case by Christopher Zoukis
• Seventh Circuit Rejects Demand for Recusal in Milwaukee Strip-Search Cases by Christopher Zoukis
• First Circuit Vacates Supervised Release Conditions for Sex Offender by Christopher Zoukis
• No Qualified Immunity for Officer Who Beat and Tasered Mentally Ill Man to Death by Christopher Zoukis
• Juvenile Sex Offenders in W.V. Not Required to Register After State Supreme Court Rules 'Adjudication' Not 'Conviction' by Lonnie Burton
• Indiana Supreme Court: Juvenile May Not Be Ordered to Register as Sex Offender Until Release by Lonnie Burton
• Suspect Evidence Informed a Momentous Supreme Court Decision on Criminal Sentencing by Ryan Gabrielson
• Fines and Fees: Explained by Jessica Brand
• A Dubious Arrest, a Compromised Prosecutor, a Tainted Plea: How One Murder Case Exposes a Broken System by Megan Rose
• Yes, Lawsuits Are Expensive--But So Is Police Misconduct
• Arkansas Court Must Make Findings of Fact to Order Incarceration Costs
• Claim of Right to Counsel Infringement Survives in Detainees’ Claim of Recorded Attorney Calls
• Jail Records Protected Conversation: Federal District Court Does Not Dismiss Suit
• SCOTUS: IDEA Exhaustion Applies Only if Suit is Educational
• Willful Violation of Tennessee FOIA Occurs by Requiring Unauthorized Fees
• Tennessee’s Death Penalty on Hold by David Reutter
• Pennsylvania Police Motor Vehicle Recordings Not Exempt From Disclosure by Matthew Clarke
• Ninth Circuit: Police Brady Duty Was Clearly Established in 1984 by Mark Wilson
• $2 Million for Police Killing of Woman in Her Home by Mark Wilson
• Seventh Circuit Upholds Malicious Prosecution and False Arrest Dismissal by Mark Wilson
• Second Circuit: Action Not Mooted by Rejected FRCP 68 Offer of Judgment by Mark Wilson
• D.C. Circuit Reverses Denial of DOJ Whistleblower’s Attorney’s Fees by Mark Wilson
• Voluntary Surrender to Arrest Warrant is Fourth Amendment Seizure by David Reutter
• Supreme Court Remands Border-Shooting Case for Review Under Bivens and Abbasi by David Reutter
• Joint Stipulation Doesn't Remove Federal Jurisdiction in Motion to Intervene by David Reutter
• Reversal of Summary Judgment Due to Conflicting Officers' Reports by David Reutter
• Class Action Fairness Act (CAFA) Bars Federal Court's Exercise of Jurisdiction in Alabama Red Light Scam by David Reutter
• Indiana Court of Appeals Rules in Favor of Sex Offender Prohibited From Contact With His Own Children
• $4.5 Million to Widow of Man Shot by Police by Christopher Zoukis
• $345,000 to Police Over City's Failure to Promote by Christopher Zoukis
• Texas Man Battered By Police Settles Civil Lawsuit by Christopher Zoukis
• $12,500 Settlement in Oregon Unlawful Search and Seizure Lawsuit by Christopher Zoukis
• $1.65 Million Settlement in Nebraska Wrongful Arrest Case by Christopher Zoukis
• $1.75 Million to Settle Case of Police Beating That Led to Brain Damage by Christopher Zoukis
• $82,056 Jury Award in Florida Excessive Force Case by Christopher Zoukis
• $77,500 Settles Michigan Woman's Wrongful Arrest Suit by Christopher Zoukis
• $440,000 Settles Police Officer Harassment, Retaliation Claim by Christopher Zoukis
• $75,000 Settles Baltimore Man's Excessive Force Claim by Christopher Zoukis
• $80,000 Jury Award in Texas Excessive Force Claim by Christopher Zoukis
• $2,000 Settles Texas False Arrest Claim by Christopher Zoukis
• $385,000 to Victim of Police Sex Abuse in Penn. by Christopher Zoukis
• $327,500 to 77-Year-Old for Civil Rights Violations by Christopher Zoukis
• $160,000 to Maryland Man for Civil Rights Violations by Christopher Zoukis
• $88,616 to Florida Woman Falsely Arrested by Christopher Zoukis
• $10,000 Settles North Carolina Man's Claim of Assault, False Arrest by Christopher Zoukis
• Kentucky Cop Resigns After Unconstitutional Search by Christopher Zoukis
• $1,000,000 Jury Verdict Against Sheriff Who Engaged in Political Retaliation by Christopher Zoukis
• Testimony of Expert Witness Excluded by David Reutter
• California Supreme Court Orders Consideration of Anonymization or Redaction of Mass Data for Public Record Disclosure by David Reutter
• $36,203 Jury Award in California Excessive Force Case by Christopher Zoukis
• $320,000 Settlement in Wrongful Imprisonment Case by Christopher Zoukis
• $36,000 Settles Palm Beach False Arrest by Christopher Zoukis
• $1.625 Million Jury Award For Civil Rights Violation by Charlotte "Special Police" by Christopher Zoukis
• Faulty Forensics and Lab Scandals Highlight Urgent Need for Enforceable Scientific Standards by Matthew Clarke
• Criminal Cops: Tracking Crimes Committed by Police Officers by Christopher Zoukis (p 33)
• This Activist Is Prying Loose Missouri Drug Task Force Records One Lawsuit at a Time by C.J. Ciaramella
• Prosecutors in New Orleans Prosecute Public Defenders for Doing Their Job by Matthew Clarke (p 30)
• Seventh Circuit: No Federal Court Jurisdiction to Resolve State Executive and Legislative Branch Disputes by Mark Wilson (p 30)
• Eighth Circuit Reverses Summary Judgment on Ferguson Protestor’s Excessive Force Claim by Mark Wilson (p 34)
• Ninth Circuit Suppresses Gang Affiliation Evidence Obtained Without Miranda Warnings by Mark Wilson (p 30)
• Mississippi Supreme Court Upholds Lawyer’s Contempt Sanction for “Improper” Argument by Mark Wilson (p 29)
• Trump Administration Kills Obama’s Forensic Evidence Reliability Reform Efforts by Mark Wilson (p 28)
• Georgia Supreme Court Grants New Trial After Trial Transcript Lost by Christopher Zoukis (p 27)
• Texas Police Officer Still Has His Job After Multiple Excessive Force Settlements
• New California Law Safeguards Minors’ Rights When in Police Custody (p 25)
• New Jersey Supreme Court Provides Guidance on “Exigent Circumstances” Warrantless Searches by Christopher Zoukis
• Report Finds States’ Suspension of Driver’s Licenses for Unpaid Fines Counterproductive by Derek Gilna
• $450,000 Settlement to Whistleblower in Case of Framing by David Reutter (p 26)
• What Do You Get for Kicking Handcuffed Suspects? Promoted and $130,000 Annual Pension for Life by Derek Gilna (p 26)
• Retired Police Officer Receives 28-Year Sentence for Drive-By Shooting by Christopher Zoukis
• Idaho Supreme Court Reinstates Class Action Against the State Alleging Inadequate Public Defense System by Mark Wilson (p 22)
• Suffolk County District Attorney and Aide Indicted for Beating and Coverup by Derek Gilna (p 22)
• Baltimore Police Department’s Misconduct Scandals Result in Hundreds of Dismissals and Indictment of Eight Officers by Derek Gilna (p 21)
• Eighth Circuit Reverses Summary Judgment in Deadly Excessive Force Claim Because Reasonableness of Officers’ Actions Not Conclusively Established by David Reutter
• Oregon Supreme Court Announces Default Rule When Plea Agreement Silent About Reprosecution Upon Subsequent Death of Victim by Mark Wilson (p 20)
• New York Becomes First State to Require Trial Judges to Remind Prosecutors of Their Brady Obligations During All Criminal Trials by Christopher Zoukis (p 19)
• DOJ Ends Unconstitutional Investigative Holds by Louisiana Police by David Reutter (p 18)
• Idaho Supreme Court: Officer Must Intend to Arrest Before Conducting a Search Incident to Arrest by Christopher Zoukis (p 17)
• In Case of First Impression, Louisiana Supreme Court Holds Public Records Restriction Inapplicable to Defense Attorney’s Request for Client’s Files and Awards Fees by Mark Wilson (p 18)
• Tennessee Supreme Court Clarifies Split Confinement Sentence Procedures by David Reutter (p 16)
• Sentence Vacated Due to Improper Enhancement Under Sentencing Guidelines by Christopher Zoukis (p 16)
• Texas Attorney General Rules Civilly Committed Sex Offenders Entitled to Vote by Mail Ballot by Matthew Clarke (p 15)
• U.S. Supreme Court Rejects Habeas Relief Citing AEDPA Deference by Brandon Sample (p 14)
• New York City Quietly Assembling Massive Unregulated DNA Database by Derek Gilna (p 13)
• Supreme Court Holds Texas May Not Use Outdated Standards to Determine Intellectual Disability in Death Penalty Cases by Matthew Clarke (p 12)
• Intellectual Disabilities Must Be Considered in Oregon Proportionality Challenges by Mark Wilson
• Ninth Circuit Reverses Summary Judgment on Unreasonable Seizure Claim by Mark Wilson (p 11)
• Ninth Circuit: Discovery Rule Applies to Judicial Deception Claims by Mark Wilson (p 10)
• From the Editor by Richard Resch (p 10)
• U.S. Supreme Court Decision Temporarily Throws Florida’s Death Machine Into Disarray and Prompts Change to State’s Death Penalty by David Reutter (p 9)
• Petition Asks Massachusetts High Court to Dismiss 18,000 Drug Convictions Tainted by Chemist Who Falsified Results by Derek Gilna
• News in Brief (p 35)
• D.C. Circuit Holds Bivens Not Available for Extraterritorial Incidents
• Changes to California’s Parole Scheme Not Unconstitutional
• Second Circuit Certifies Question of Law in Bail Forfeiture Case to New York Court of Appeals by Lonnie Burton
• Texas Court of Appeals Upholds Dismissal of Suit Against Parole Board by Matthew Clarke
• Wyoming Supreme Court Upholds Probation Officer's Conviction for Sexual Assault
• California Court of Appeals Vacates Parole Denial for Claiming Innocence by Matthew Clarke
• California Court of Appeals Holds Consecutive Sentence Begins When Prisoner Found Suitable for Parole
• North Carolina Supreme Court Upholds Social Media Ban for Registered Sex Offenders by Matthew Clarke
• Public Records Relating to Sex Offender Registry Not Exempt from Disclosure, Washington Court Rules by Lonnie Burton
• Washington Supreme Court: Jail Not Responsible for Crimes Committed by Ex-Prisoner
• Sixth Circuit Affirms Summary Judgment Dismissal in Lawsuit Filed by Man Wrongfully Convicted of Arson, Murder
• Third Circuit Questions Bail System While Upholding Dismissal of Lawsuit Alleging Malicious Prosecution
• Despite Opposition, California Governor Moves to Reduce Prison Terms by Matthew Clarke
• Seventh Circuit Upholds Denial of FOIA Request for Terrorist Organization Information by Christopher Zoukis
• Virginia Supreme Court Orders Retrial in Civil Commitment Proceeding by Christopher Zoukis
• Seventh Circuit: Falsely Accused Man, Conviction Expunged, Cannot Sue Anonymously by Christopher Zoukis
• Eleventh Circuit Grants Habeas Hearing in Judicial Bias Case by Christopher Zoukis
• Fifth Circuit Vacates Child Pornography Sentence by Christopher Zoukis
• Efforts to End “Scourge of Money Bail” Meeting with Success by David Reutter
• Corrupt Georgia Judge Sentenced to Prison in Drug Plant Scheme
• Oregon Cop Resigns for On-Duty Sexual Abuse
• Oregon Sheriff Faces Excessive Force Criminal Investigation
• Man Wrongly Imprisoned on Death Row for 28 Years May Sue Ohio
• Congress Exempts from Taxation Awards to Wrongfully Convicted by Derek Gilna
• Fifth Circuit Allows Intervention by Sierra Club in Reverse FOIA Suit by Christopher Zoukis
• Expert Opinions Sufficient to Dispute Material Facts for Denial of Summary Judgment by David Reutter
• Qualified Immunity for Parole Commissioner Accused of Biased Decision Making by David Reutter
• Alabama Prisoner Convicted of Kidnapping Minor Can be Labeled Sex Offender by David Reutter
• $67,500 Settlement in Case of Mistaken Identity in Minnesota by Lonnie Burton
• Unlawful Ban on Trooper's Speech Outside His Official Duties Not Entitled to Qualified Immunity by David Reutter
• $82,500 Damages to Detained American, Federal Judge Blasts ICE by Christopher Zoukis
• $151,000 Malicious Prosecution Award Upheld by Pennsylvania Appellate Court by Christopher Zoukis
• $100,000 Settlement in Atlanta False Arrest and Imprisonment by Christopher Zoukis
• $6.375 Million to Exonerated Former Prisoner by Christopher Zoukis
• $1.5 Million to Cali. Phlebotomist for Sexual Harassment Suit Against Supervising Police Officer by Christopher Zoukis
• California Attorney Invoices Not Categorically Exempt from PRA Disclosure by Mark Wilson

November

• Tenth Circuit: Oklahoma Sex Offender Restrictions Are Not Punitive by Mark Wilson
• Appeals Court Rules in Favor of NAACP Ad by Mark Wilson
• Connecticut Removal of Spanish-Speaking Juror Not Reversible Without Prejudice by Mark Wilson
• Whether Indiana Identity Fraud is for "Unlawful Purpose" is Affirmative Defense, Not Element of Offense by Mark Wilson
• Nevada: Woman Freed After 35 Years Sues for Wrongful Murder Conviction by Lonnie Burton
• Michigan Court Forced to End “Pay or Stay” Policy by David Reutter
• Reform of Florida’s Criminal Justice Laws Urged by David Reutter
• Study Indicates Racial Bias Skews Criminality Risk Assessment Tool by David Reutter
• Fifth Circuit Dismisses Interlocutory Appeal of Roadside Body-Cavity Search Suit by Matthew Clarke
• Corruption Homeland Security Dep't. Worse Than Porous Border by Matthew Clarke
• Ohio's Adam Walsh Act Registration Not Retroactive by Mark Wilson
• Fifth Circuit Upholds Denial of Continuance to Retain Counsel Morning of Revocation Hearing by Mark Wilson
• Arkansas Supreme Court: Accident Report Information Not Exempt from FOIA Disclosure by Mark Wilson
• Pennsylvania’s Lifetime Employment Ban Unconstitutional by David Reutter
• Missouri’s Release of Pot Dealer Doing LWOP Gives Hope to Nonviolent Drug Offenders Incarcerated Nationwide by Joe Watson
• Absurd, Abusive, and Outrageous: The Creation of Crime and Criminals in America by Christopher Zoukis
• Study’s Data Show Racial Disparity in Plea Bargaining Outcomes by Derek Gilna (p 31)
• $6.7 Million to Cali. Mom After Police Broke Her Ankle During Warrantless Entry by Derek Gilna
• Missouri Supreme Court Holds Probation Revocation for Nonpayment of Court Costs Unconstitutional by Mark Wilson (p 34)
• Evidence Scandal Leads to the Dismissal of over 140 Texas Criminal Cases by Matthew Clarke (p 34)
• South Dakota Supreme Court Holds Warrantless Use of Pole Camera Outside Residence for Two Months Constitutes a Search in Violation of Fourth Amendment by Richard Resch
• State Bar of Texas Pursuing Disciplinary Action against Prosecutor Who Lied about Deals with Jailhouse Informants in Capital Case by Richard Resch
• Seventh Circuit Vacates Death Sentence Because Stun Belt Worn by Defendant Contaminated Penalty Phase by Mark Wilson
• Fourth Circuit Holds Supervised Release Revocation Sentence Unreasonable by Christopher Zoukis (p 30)
• Urban Institute Releases Report Detailing the Effects of Criminal Background Checks on Employment by Derek Gilna (p 31)
• California SVP Determination Based on Hearsay Evidence Reversed by Mark Wilson (p 29)
• Alford Pleas: Prosecutors’ Choice for the Wrongfully Convicted by David Reutter (p 28)
• Eighth Circuit: Warrantless Seizure of Handgun Not Permitted under Plain View Doctrine by Mark Wilson (p 28)
• News in Brief (p 35)
• Oregon Supreme Court Rules No Vindictiveness in Resentencing Where Longer Term for Specific Conviction but Overall Multi-Conviction Sentence Shorter by Mark Wilson (p 27)
• Seventh Circuit: Violent Cop’s Below-Guideline Sentence Not Justified, Again by Mark Wilson (p 26)
• Unloaded Firearm in Zipped Case Is Not “Deadly Weapon” under Oregon’s First-Degree Burglary Statute by Mark Wilson (p 26)
• D.C. Court of Appeals Rules Warrantless Use of Stingray Device Constitutes Unlawful Search and Reverses Defendant’s Convictions by Richard Resch (p 25)
• Eleventh Circuit Holds Defendants Voluntarily Consented to Search in Police Ruse to Search Home Purportedly to Investigate Burglary by David Reutter (p 24)
• Pennsylvania Supreme Court Rules State Sex Offender Registration Law Violates Ex Post Facto Clause by David Reutter (p 24)
• Washington Supreme Court Holds Riding Lawnmower Not Motor Vehicle Under Theft Statute
• Georgia Supreme Court Rules Flipping the Bird Is Not Disorderly Conduct by Christopher Zoukis (p 22)
• New Study: “Broken Windows” Policing May Not Be as Effective as Thought by Christopher Zoukis (p 22)
• California Felonizes Some Prosecutorial Misconduct by Matthew Clarke (p 21)
• Mass. Supreme Court: Field Sobriety Tests Inadmissible Re: Marijuana by Christopher Zoukis
• Ninth Circuit Concludes Mandatory Supervision Akin to Parole for Fourth Amendment Analysis by Mark Wilson (p 20)
• Proof of Law Enforcement Duty Is Primary Job to Establish Peace Officer Status by David Reutter (p 19)
• Oregon Enacts Law Requiring Grand Jury Testimony to Be Recorded—Finally! by Mark Wilson (p 18)
• U.S. Court of Appeals for D.C. Circuit Holds Waiver of FOIA Rights in Plea Agreement Unenforceable by David Reutter
• Georgia Supreme Court Tosses DUI Conviction Based on Officer’s Testimony of Impairment by Christopher Zoukis (p 17)
• Third Circuit Holds Habeas Petitioner’s Claim Based on Prosecutor Knowingly Using Perjured Testimony Not Subject to Brecht “Actual Prejudice” Standard by Richard Resch (p 16)
• Nevada Supreme Court: Mistrial Due to Egregious and Improper Conduct by Prosecutor Bars Retrial by Christopher Zoukis (p 16)
• $1.1 Million False Arrest Award Affirmed by David Reutter
• Several States Bar Landlords from Automatically Denying Housing to Felons (p 14)
• Habeas Hints: SCOTUS Review 2016–17 by Tara Hoveland, Kent Russell (p 12)
• Fourth Circuit Holds North Carolina Sex Offender Restrictions Unconstitutional by Matthew Clarke (p 11)
• Colorado Supreme Court Rules That Criminal Trespass Is a Lesser Included Offense of Burglary by Christopher Zoukis (p 10)
• Colorado Supreme Court Rules That Unlawful Sexual Contact Is a Lesser Included Offense of Sexual Assault by Christopher Zoukis (p 10)
• Kentucky Court Rules Death Penalty Statute Applied to Defendant under 21 Years Old Unconstitutional by Mark Wilson (p 8)
• From the Editor by Paul Wright
• The FBI's Forgotten Criminal Record by James Bovard
• What Happens When A Troubled Police Department Refuses To Reform?
• It’s a Fact: Supreme Court Errors Aren’t Hard to Find

October

• $102,437 Jury Award in Miami Beach Florida False Arrest Case by Christopher Zoukis
• $6,700 Jury Award in San Antonio Texas Police Brutality Case by Christopher Zoukis
• $5,485,394 Award in New York Wrongful Conviction Case by Christopher Zoukis
• $3.1 Million Awarded in Florida False Arrest, Malicious Prosecution Case by A A
• FBI Ordered to Speed Up FOIA Document Production by Christopher Zoukis
• Ohio Supreme Court Declares Poor Relative Not Suitable to Adopt Her Nephew by Christopher Zoukis
• No Forfeiture-Database Backup With Millions on the Line, NYPD Admits by Adam Klasfeld
• Excited. Delirious. Dead. by Michael Barajas
• "You're Still in Jail": How Electronic Monitoring Is a Shackle on the Movement for Decarceration by James Kilgore