Articles Tagged with custody

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WKU’s director of media relations Zach Greenwell reported that assistant men’s basketball coach Ben Hansbrough has resigned from his position on Monday to “pursue other opportunities.” Hansbrough spent two seasons as a support staffer with the Western Kentucky Hilltoppers, and he was promoted to a full-time assistant coach this summer. His departure from the job followed his arrest on Saturday for allegedly driving under the influence.

Police responded to a report of a collision between Hansbrough’s car and a second automobile in the El Mazatlan Mexican Restaurant parking lot. According to the arrest report the second driver claimed he smelled alcohol on Hansbrough’s breath. When the officer asked if he had consumed any alcohol that night Hansbrough maintained that he had not had anything to drink since the previous evening.

The arrest report also stated that the officer administered a standard field sobriety test and Hansbrough allegedly showed indications of intoxication. He was taken into custody and the arresting officer claimed he could smell alcohol on his person as he put him into the police car.

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In passing Assembly Bill 813, California has now joined 44 other states nationwide in allowing a person who has suffered a criminal conviction to challenge that conviction, even though he or she is no longer in custody.

The new statutes allows relief based on 1) a claim of actual innocence; and 2) failure to fully understand the consequences of the plea.

Although the statute applies to both citizens and non-citizens, in practice, this statute is expected to allow immigrants to seek relief for past convictions which hold devastating immigration consequences.

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