by Casey J. Bastian
“Having an encounter with police … is an unsettling encounter for anybody, but for someone with autism, it can be extremely distressing.”
—
Helen Lyons, Metropolitan Police Detective Superintendent, Adults Neglected, Vulnerable and Abused Division
Anyone who has experienced even a simple traffic stop understands the ...
by Jo Ellen Nott
The Journal of Empirical Legal Studies published a ground-breaking study out of Cornell University that proves prosecutors question Black venire persons in a hard-to-detect, but significantly different way, than they question other potential jurors.
“Quantifying Disparate Questioning of Black and White Jurors in Capital Jury Selection” ...
by Benjamin Tschirhart
There are 64 sheriffs across the state of Louisiana. Despite what many of them apparently believe, they are subject to certain rules and laws, just like the rest of us. That message just hasn’t reached some of them. Two-thirds of them appear to be in violation of ...
by Douglas Ankney
In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held that the revised sentences of defendants who violate the terms of their supervised release cannot include the maximum term of imprisonment and a period of home confinement because “home confinement with ...
by Michael Dean Thompson
Global Positioning Satellite (“GPS”) systems began as a tool to help the American military prosecute wars. Among its many uses today is to help the American criminal justice system prosecute its citizens. Not too long ago, the government was forced to tag vehicles with GPS monitoring ...
by Matthew Clarke
Ever since it was used to identify the Golden Gate Killer in 2018, Forensic Genetic Genealogy (“FGG”) has been accepted by law enforcement as a tool for identifying unknown suspects. Most people view it as just another DNA profiling method, similar to that used to create the ...
by Jordan Arizmendi
As an old and wise theologian once said, “A half-truth is a whole lie.” If we are to take those words to heart, then what should we call 44 sworn testimonies of a police officer that were all 100% lies? Prosecutors in Chicago have dropped 15 cases ...
by Richard Resch
The Court of Criminal Appeals of Texas held a trial court lacked jurisdiction to revoke community supervision where the violation occurred after the statutory maximum term of five years concluded, despite the fact he had been sentenced to a 10-year term.
Before the Court was the writ ...
by Jordan Arizmendi
Once upon a time, parole and probation – also referred to as community supervision – were intended to reduce our nation’s jail and prison populations. In fact, when used properly, community supervision can be one of the most effective tools in our carceral system for reducing mass ...
by Douglas Ankney
The U.S. Court of Appeals for the Third Circuit held that because a conviction under Pennsylvania’s first-degree aggravated assault statute, 18 Pa. Cons. Stat. § 2702(a)(1), does not require the element of physical force, such a conviction cannot serve as a qualifying predicate for purposes of the Armed ...
by Matt Clarke
The U.S. Court of Appeals for the First Circuit held that the U.S. District Court for the District of Puerto Rico’s upward variant sentence after revocation of supervised release in a case for conspiracy to possess cocaine with intent to distribute was “procedurally and substantively unreasonable because ...
by David M. Reutter
The U.S. Court of Appeals for the Sixth Circuit held a District Court commits “procedural error by failing to appreciate the scope of its discretion” and by indicating that policy “disagreements are not a proper basis to vary” from the Sentencing Guidelines. The Court also found ...
by Douglas Ankney
The Supreme Court of Indiana reversed Kyle N. Doroszko’s involuntary manslaughter conviction because the trial court denied defense counsel the opportunity to voir dire prospective jurors directly in violation of Indiana Trial Rule 47(D).
During a prearranged marijuana transaction, Traychon Taylor attempted to rob Doroszko. A struggle ...
by John & Nisha Whitehead
“Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a ...
by Douglas Ankney
The U.S. Court of Appeals for the Fourth Circuit held that Kelvin Brown’s disparate sentence of 30 years on two convictions for violating 18 U.S.C. § 924(c) created an “extraordinary and compelling reason” for his early release, and the 18 U.S.C. § 3553(a) sentencing factors overwhelmingly favored a sentence ...
by Anthony W. Accurso
The Supreme Judicial Court of Massachusetts ruled defendant’s (a Black man of the Muslim faith) showing that trial counsel harbored bigoted views towards Blacks and Muslims constituted an actual conflict of interest that entitled him to a new trial without the need for a further showing ...
by Anthony W. Accurso
New Mexico Governor Michelle Lujan Gresham signed SB64, the No Life Sentences for Juveniles Act, into law on March 17, 2023, ending life without parole (“LWOP”) sentencing for offenders under 18 years of age. New Mexico joined 24 other states and the District of Columbia in ...
by Douglas Ankney
The U.S. Court of Appeals for the Fourth Circuit reversed Elliott B. Graham’s 18 U.S.C. § 924(c) conviction for “using a firearm during a crime of violence” because (1) the conviction was predicated upon a kidnapping conviction, (2) kidnapping is no longer considered a qualifying predicate crime of ...
by Jo Ellen Nott
Texas Governor Greg Abbott (R) launched Operation Lone Star in March 2021 after declaring a state of emergency in response to a rise in border crossings and fentanyl trafficking in southern Texas. As part of the $4.5 billion Texas spent in two years, the Texas Department ...
by Jordan Arizmendi
In 2022, a New York court barred law enforcement from using familial DNA searches (“FDS”). According to the court, the state’s regulations for FDS were invalid because they first needed to be approved by the state legislature.
However, on October 24, 2023, the New York Court of Appeals (the ...
by David M. Reutter
This Paper “is the first to provide an in-depth analysis of the role criminal court administrators have played in the shift from criminal courts as sites of adjudication to criminal courts as sites of social control,” contributes to the conversations “about the failure of criminal courts ...
by Douglas Ankney
The U.S. Court of Appeals for the Fifth Circuit held that a Fourth Amendment seizure occurred when an officer, with emergency lights activated, pulled in behind Jacob Boone Wright’s vehicle and almost simultaneously ordered him to remain in his car to which Wright sufficiently complied.
Officer Jakobsohn ...
by Anthony W. Accurso
The Electronic Frontier Foundation (“EFF”) released an interactive map to track the network of surveillance towers along the U.S. borders with Mexico and Canada, as well as several and some less obvious locations, and which explains the contractors and technology in use at each tower.
Customs ...
by Matt Clarke
The Supreme Court of Kentucky reversed convictions for first-degree wanton endangerment (“FDWE”) and first-degree persistent felony offender, holding that the trial court erred by failing to give a second-degree wanton endangerment (“SDWE”) jury instruction when the admitted evidence supported such an instruction.
Dwight Taylor met A.P. at ...
by Jo Ellen Nott
The Mississippi Supreme Court mandated on April 13, 2023, that poor criminal defendants must have an attorney throughout the entire criminal process. In re Miss. Rules of Crim. Procedure, 2023 Miss. LEXIS 103 (2023). The state high court made this decision to eliminate the “dead zone” ...
by Richard Resch
In a case involving an issue of first impression, the U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Southern District of Indiana erred by denying Russell Taylor’s motion to suppress and request for an evidentiary hearing to determine the ...
by Matt Clarke
The Supreme Court of California reinstated a prisoner’s petition for resentencing pursuant to Senate Bill No. 1437 (2017-2018 Reg. Session) (“SB 1437”) after finding that the trial court had misapprehended the legal requirements for proving aiding and abetting implied malice murder.
When he was 15 years old, ...
by David M. Reutter
The Supreme Judicial Court of Maine concluded a post-conviction review (“PCR”) court misconstrued aspects of relevant law concerning a claim that counsel’s failure to assert the right to a speedy trial constituted ineffective assistance of counsel.
The Court’s opinion was issued in an appeal brought by ...
by Douglas Ankney
The U.S. Court of Appeals for the Sixth Circuit held that because Ohio’s aggravated robbery statute, Ohio Revised Code § 2911.01(A), does not contain a mens rea requirement of knowing and purposeful use, attempted use, or threatened use of physical force, a conviction under that statute can be ...
Loaded on
Dec. 15, 2023
published in Criminal Legal News
December, 2023, page 50
Arizona: KNXV Phoenix reported that on October 20, 2023, former prosecutor April Sponsel had some interesting things to say at the State Bar trial against her. She was fired for conspiring with law enforcement to falsely charge protestors as gang members. She adamantly denied any wrongdoing and saw nothing wrong ...
