by Matt Clarke
On October 5, 2017, the Supreme Court of New Mexico held that an impaired driver generally could not be subject to criminal penalties for refusing to submit to a blood test for the presence of alcohol or drugs.
On April 23, 2011, Laressa Vargas encountered a DWI ...
by Matt Clarke
On September 27, 2017, the Court of Criminal Appeals of Texas held that a guilty plea for obtaining a controlled substance “through the use of a fraudulent prescription form” was invalid because it was given as a result of deficient legal advice from defendant’s attorney who failed ...
by Matt Clarke
On December 11, 2017, the Supreme Court of Georgia vacated convictions and sentences for aggravated assault and firearms possession due to a merger error.
Thyrell Depree Donaldson, a Georgia state prisoner, appealed his convictions for felony murder, aggravated assault, and two counts of firearms possession, all in ...
by Matt Clarke
On December 5, 2017, the Supreme Court of Rhode Island held that, “from this point forward, Shatney v. State, 755 A.2d 130 (R.I. 2000), shall be deemed abrogated and inapplicable in any case involving both an initial application for postconviction relief and an applicant who has been ...
by Matt Clarke
On October 24, 2017, the U.S. Court of Appeals for the Fifth Circuit held that an indicted Mississippi pre-trial detainee’s Fourteenth Amendment due process rights were violated when she was held for 96 days without appearing before a judge or having an opportunity to post bail.
Jessica ...
by Matt Clarke
The federal child pornography case against a California doctor was dismissed after the judge excluded all the evidence seized from his home because an FBI agent lied on the affidavit supporting the search warrant for his home, falsely claiming technicians working on the doctor’s computer had discovered ...
by Matthew Clarke
The term “junk science” does not quite cover the revolution in our understanding of the diagnosis of shaken baby syndrome. Medical experts now know that their belief in how to diagnose a clear sign of child abuse based upon a determination of shaken baby syndrome was mistaken. ...
by Matt Clarke
“Broken windows” policing has not been linked to a reduction in serious crime, but it has been linked to an increase in police lying. “Broken windows” policing is based on the belief that aggressive police enforcement of minor criminal violations—such as trespassing, possession of marijuana, or using ...
by Matt Clarke
An Ohio police officer who resigns under a cloud of pending disciplinary action or who is fired may not have reached the end of a law enforcement career. In some Ohio towns, employment as a police officer in another department is just down the road.
WCPO Cincinnati ...
by Matt Clarke
In 1931, a commission to investigate Prohibition-era corruption appointed by President Hoover issued the Wickersham Report. The report criticized the so-called Third Degree, which was the standard police interrogation technique of the time and involved beating a suspect until he or she confessed, then lying about the ...
