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Fourth Circuit: South Carolina Conviction for Assaulting, Wounding, or Beating Officer While Resisting Arrest Is Not Predicate Violent Felony Conviction Under ACCA

Loaded on April 12, 2019 by Douglas Ankney published in Criminal Legal News May, 2019, page 28
Location: South Carolina.

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit held that a conviction for assaulting, beating, or wounding a law enforcement officer while resisting arrest (“ABWO”) in violation of South Carolina Code § 16-9-320(B) (“ABWO statute”) is not a predicate offense because it does not satisfy the ...

 

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  1. News in Brief
  2. Florida Deputy Falsifies Drug Field-Test Results, Freeing 11 From Jail, by Edward Lyon
  3. Police Not Required to Protect; Are They Required to Serve?, by Matthew Clarke
  4. Delaware Supreme Court: ‘The Sixth Amendment Demands More Than the Presence the Morning of Trial of a Warm Body With a Law Degree’, by Douglas Ankney
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  7. Federal Judge Rules Massachusetts Law Banning Secretly Recording Police in Public Is Unconstitutional, by Dale Chappell
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  9. In Washington State, a Man’s Home Is No Longer His Castle, by Edward Lyon
  10. New Jersey Board Finds Suspending Drivers’ Licenses Because of Failure to Pay Court Fines Doesn’t Work, by Dale Chappell
  11. Fourth Circuit: District Court Must Provide Rationale When Denying Motion for § 3582(c)(2) Sentence Reduction, by Douglas Ankney
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  13. Pennsylvania Supreme Court Rules as a Matter of 1st Impression That Mother’s Use of Opioids During Pregnancy Not Child Abuse, by Chad Marks
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  16. Creation of Prosecutorial Watchdog in New York Spotlights Distinction Between Misconduct and Unfair Conduct, by Michael Berk
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  18. Fifth Circuit Rules Miscalculation of Guidelines Sentencing 
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  20. Former New Jersey Police Chief Faces Rare Federal Hate Crime Charges
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  22. Ninth Circuit Vacates a Sentence Imposed for Violation of Supervised Release Because the District Court Failed to Disclose to the Defendant the Probation Officer’s Confidential Sentencing Recommendations
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  25. Florida Cop Found Guilty of Killing Stranded Driver, a First in 30 Years in State
  26. Second Circuit: Government’s Misleading Disclosure Warrants New Trial, by Douglas Ankney
  27. Facial Recognition Gives Police Easier Access to Cellphones, by Dale Chappell
  28. Why Brady Lists Still Don’t Work, by Douglas Ankney
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  30. Fourth Circuit Reverses Dismissal of Habeas and Remands for Hearing on Actual Innocence Claim, by Douglas Ankney
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