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Motions

Jury Awards Tortured Abu Ghraib Prisoners $42 Million

A jury on Tuesday awarded $42 million to three former detainees of Iraq's notorious Abu Ghraib prison, holding Virginia-based military contractor CACI Premier Technology Inc. responsible for contributing to their torture and mistreatment two decades ago (access full article).

The three testified that they were subjected to beatings, sexual abuse, forced nudity and other cruel treatment at the prison.

Sixth Circuit Reverse Conviction Based on Bad Traffic Stop

What do you get when you combine a routine traffic stop with the driver's criminal history, several air fresheners in the car, driving from a job interview, and the driver's movements while looking for proof of insurance? Knoxville, Tenn. drug interdiction officer: Reasonable suspicion of drugs that justifies prolonging the stop to request a drug dog? (Which reveals an illegal gun but no drugs.) Sixth Circuit: No! And no good-faith exception. Evidence of the illegal gun should have been suppressed.

Seventh Circuit Judges Disagree on Criminal Justice Act Appointments

An indigent criminal defendant has a right to a public defender for many aspects of the criminal process, but not necessarily for all aspects. For example, what about an appeal of a denial of the reduction of a sentence based on certain retroactive amendments to the U.S. Sentencing Guidelines? Seventh Circuit Judge #1: Is this an advisory opinion?

President Biden Announces Record-Setting Non-Capital Commutations

President Biden on Thursday announced he is commuting the prison sentences for nearly 1,500 people and pardoning 39 others in what the White House said was the largest act of clemency in a single day in modern presidential history.

The 1,500 people had been serving long prison sentences that would have been shorter under today's laws and practices. They had been on home confinement since the COVID pandemic.

The pardons went to people who had been convicted of nonviolent crimes, including drug offenses, who the White House said had "turned their lives around."

Sixth Circuit Vacates Conviction Based On Illegal Car Search

With warrant, Cleveland police searched a suspected drug dealer's house. Out on the street, an officer peers into the tinted windows of a car of a person found in the suspected dealer's home—but the car was not mentioned in the warrant—and sees what he suspects is a "bag of dope." Officers tow the car but don't get a warrant. Turns out it, indeed, was "dope." Man: the search of my car is unconstitutional because police need a warrant. Police: we don't need a warrant because drugs were in plain view and here's a video of officers peering into the car and the photo taken inside the car.