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Articles by Sam Rutherford

HRDC Files Civil Rights Action on Behalf of Wrongly Convicted Florida Man Who Spent 45 Years in Prison

by Sam Rutherford

 

On April 17, 2024, the Human Rights Defense Center (“HRDC”), CLN’s non-profit publisher, and the civil rights law firm of Loevy and Loevy filed suit in the U.S. District Court for the Middle District of Florida on behalf of a Jacksonville man who spent nearly ...

Reform-Minded Prosecutors Face Backlash for Prosecuting Bad Cops

by Sam Rutherford

 

In the wake of the Black Lives Matter movement spurred by the police-involved killing of George Floyd, citizens across the country elected reform-minded prosecutors who ran on platforms promising accountability for police who break the law and murder defenseless citizens. Conservative politicians, police unions, and the ...

New York Court of Appeals: Dismissal Required Where Prosecution Failed to Explain Repeated Requests for Post-Readiness Adjournment

by Sam Rutherford

 

The Court of Appeals of New York, the state’s highest court, held that the People violated a defendant’s statutory right to a speedy trial by filing a certificate of readiness and then appearing at several court dates to request a post-readiness adjournment (continuance) without any explanation ...

Colorado Supreme Court Announces Parole Board Not Statutorily Required to Consider ‘Demonstrated Maturity and Rehabilitation’ When Deciding Whether to Release Sex Offenders Who Received Adult Sentences for Crimes Committed as Juveniles

by Sam Rutherford

 

In a case of first impression, the Supreme Court of Colorado held that the parole board is not statutorily required to consider a juvenile sex offender’s “maturity,” though is permitted to do so, but is required to consider the offender’s “rehabilitation” when making release decisions where ...

DOJ Creates Database to Track Federal Law Enforcement Officers Accused of Misconduct

by Samuel Rutherford

 

As reported by the Associated Press, the Department of Justice (“DOJ”) announced the creation of a database designed to track serious misconduct complaints against federal law enforcement officers. The purpose of the database is to ensure that other agencies do not unknowingly hire officers who ...

Idaho Supreme Court Admitting Video of Child-Witness Interviews at Trial Violates Confrontation Clause

by Sam Rutherford

 

The Supreme Court of Idaho held that a trial court violated a defendant’s Confrontation Clause rights by admitting video recorded interviews of a child witness at his trial on charges that he sexually assaulted the child where the child did not testify, thereby depriving the defendant ...

U.S. Sentencing Commission Votes Unanimously to Restrict Use of Acquitted Conduct at Sentencing

by Sam Rutherford

 

On April 17, 2024, the U.S. Sentencing Commission voted unanimously to limit consideration of conduct for which a person was acquitted in federal court from being used in calculating the sentence range under the federal guidelines for a related conviction.

            The U.S. Sentencing Commission Guidelines ...

Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months

by Sam Rutherford

TheSupreme Court of Washington held that the terms “community custody” and “community supervision” are synonymous within the meaning of the second sentence of RCW 9.94A.589(5) for offenses that occurred after July 1, 2000, and that trial courts may not impose consecutive terms of community custody that exceed ...

First Circuit: Defendant’s Statement ‘I guess I’ll wait until I have a lawyer’ Is Unequivocal Invocation of Right to Counsel

by Sam Rutherford

The U.S. Court of Appeals for the First Circuit held that a defendant’s statement in response to Miranda warnings that “I guess my best bet would probably be to not talk” until she had a lawyer was an unequivocal invocation of her right to counsel during custodial ...

Ninth Circuit Announces Adoption of ‘Premises Rule’ for Co-Tenant Consent-to-Search Analysis, Holds Co-Tenant’s Consent Invalid Where Defendant Instructed Co-Tenant Not to Allow Police Entry in Their Presence

by Sam Rutherford

The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s live-in girlfriend could not validly consent to police searching their shared residence where the defendant, who was detained nearby, yelled to her “Don’t let the cops in, and don’t talk to them.”

Background

One ...

 

 

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