by Matt Clarke
Recently revealed internal training documents from the Bronx District Attorney’s Office show that prosecutors are being trained in courtroom techniques designed to delay trial, undermining defendants’ speedy trial rights and extending the pretrial incarceration of those unable to afford bail.
New York’s C.P.L. 30.30 is ...
by Matt Clarke
Criminal Legal News and its sister publication, Prison Legal News, have long covered prosecutors’ use of questionable forensics and unscientific lab techniques to secure convictions [PLN Oct. 2010, p. l; Apr. 2015, p. l, and CLN Jan. 2018, p. l; July 2018, p. 36]. ...
by Matt Clarke
On July 12, 2018, the U.S. Court of Appeals for the Third Circuit ordered that habeas relief be provisionally granted in the case of a Pennsylvania death row prisoner whose attorney failed to sufficiently investigate and present mitigation evidence regarding his abusive childhood and mental health ...
by Matt Clarke
The U.S. Court of Appeals for the Sixth Circuit held that an Ohio federal district court erred when it doubled a defendant’s cocaine-possession sentence from the recommended 60 months to 120 months based on an online news article on the increase in drug overdose deaths in ...
by Matt Clarke
The U.S. Court of Appeals for the First Circuit declined to recognize a joint participation exception to the spousal testimonial privilege for married criminal co-conspirators. In deciding upon this issue of first impression in the circuit, the Court affirmed the district court’s determination that such an exception ...
by Matt Clarke
On August 15, 2018, the Supreme Court of Minnesota held that the classification of a previous offense used to calculate a defendant’s criminal history under Minnesota Sentencing Guidelines 2.B.7.a is controlled by the offense definitions and sentencing policies in effect at the time the offense was ...
by Matt Clarke
The Supreme Court of Appeals of West Virginia ruled that a prosecutor’s recommendation that sentences should be served consecutively violated a plea agreement requiring the State to “remain silent on a recommendation at sentencing.” The Court vacated the sentence and remanded the case for resentencing before a ...
by Matt Clarke
The Tenth Circuit Court of Appeals ruled that the proper test for whether a district court should hold a pretrial hearing on a motion challenging the seizure of assets is whether the defendant has sufficient unseized assets to pay the reasonable costs of retaining his choice of ...
by Matt Clarke
Across the United States, cities are adopting ordinances that effectively criminalize homelessness. The behavior banned includes: sitting, lying down, or placing property on a sidewalk; camping or sleeping in public (including in a vehicle); standing on a roadway median; blocking a sidewalk; loitering; panhandling; and sharing food ...
by Matt Clarke
The U.S. Court of Appeals for the Seventh Circuit vacated three of the four conditions of supervised release (“CSR”) challenged by a man who had been convicted of possessing child pornography.
Joseph Canfield pleaded guilty to possessing digital images of child pornography in Illinois federal court. He ...
