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Georgia Supreme Court Reverses Mutually Exclusive Guilty Verdicts

The Georgia Supreme Court answered an unusual, yet significant, question on December 11, 2017. Can a conviction that requires proof that a rental car was stolen outside of the state coexist with a conviction that requires proof that the same car was stolen in the state? Both a trial court and an appellate court said

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Questioning the Use of DNA Testing Software in Criminal Prosecution

The use of DNA evidence in criminal trials has become ubiquitous. Because DNA evidence is highly persuasive to judges and juries, several new tests purport to make positive DNA matches using minuscule amounts of matter or even matter that has been polluted. As defense attorneys push back on these new methods, they are running into

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Civil Asset Forfeiture: Unfair, Unjust, Un-American

Founding Father George Mason once said, “When the same man, or set of men, holds the sword and the purse, there is an end of liberty.” Mason, along with many other founders of the United States of America, believed strongly in the separation of government powers. These men knew firsthand the potential for abuse and

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Larry Nassar: What Will His Life Be Like in Federal Prison?

Larry Nassar, the former USA Gymnastics team physician, is now serving an extended sentence in federal prison for criminal sexual conduct, child pornography, and sexual abuse charges. As part of his plea agreement, Lawrence Gerard Nassar will face a lifetime behind bars, locked away in a high-security federal prison. Here we delve into the details

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Colorado Supreme Court: Criminal Defendant Seeking to Fire Paid, Retained Counsel for Court-Appointed Counsel Need Not Show Good Cause

The Colorado Supreme Court ruled that a criminal defendant may fire retained counsel without any showing of good cause when seeking to replace retained counsel with court-appointed counsel. This is an issue of first impression in Colorado; the Court noted that the U.S. Supreme Court has not answered this precise question. Jesus Ronquillo was charged

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Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests

The Supreme Judicial Court of Massachusetts ruled that a defendant accused of operating a motor vehicle while under the influence (“OUI”) has the right to prevent a jury instruction that could cause the jury to speculate about facts not in evidence. Michael Wolfe was arrested and charged with OUI after a Marlborough police officer observed

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What Is the Number One Duty of a Police Officer?

There is an oft-quoted and deeply ingrained sentiment in police circles, one whose logic seems unassailable at first glance: The number one duty of a police officer is to go home to his or her family at the end of the shift. This feels right. Police operate in a dangerous world of unknowns. They are

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South Carolina Supreme Cancels Thousands of Bench Warrants Due to Constitutional Violations

Thousands of arrest warrants have been recalled by county magistrates and municipal judges across the state after South Carolina Supreme Court Chief Justice Donald Beatty issued new instructions to local magistrates. On September 15, 2017, Beatty issued a memo to summary courts, which include county magistrates and municipal judges, “decrying reported violations of the right

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