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Fifth Circuit Holds Davis Retroactive, Conspiracy Cannot Support 924(c) Convictions

Loaded on Jan. 21, 2020 by Dale Chappell published in Criminal Legal News February, 2020, page 39
Location: United States of America.

by Dale Chappell

The U.S. Court of Appeals for the Fifth Circuit held that the U.S. Supreme Court’s recent decision in United States v. Davis, 139 S. Ct. 2319 (2019), declaring another residual clause unconstitutional is retroactive and further held that a conspiracy to commit a crime could not support ...

 

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More from this issue:

  1. News in Brief
  2. Oklahoma: Cocaine Bust Was Really Only Powdered Milk, by Edward Lyon
  3. Freedom or Restitution for the Wrongfully Convicted, by Jayson Hawkins
  4. Eighth Circuit: Defendant Who Pleaded Guilty to State Felonies Didn’t Know He Couldn’t Possess Firearms Prior to Sentencing Because He Didn’t Know He Had Been Convicted, by Anthony Accurso
  5. Sheriff Ackal’s Corruption Continues to Plague Louisiana Parish, by Douglas Ankney
  6. Court Rulings Condemning Cash Bail Systems Increasing, by Edward Lyon
  7. In Case of First Impression, Fourth Circuit Holds First Step Act Applies to Those Serving Supervised Release Revocation Sentences, by Dale Chappell
  8. First Circuit Vacates Conviction Because Sister had Neither Actual nor Apparent Authority to Consent to Search of Brother’s Bags, by Douglas Ankney
  9. South Carolina Supreme Court Grants New Trial Due to Prosecutor’s Prejudicial Closing Remarks, by Douglas Ankney
  10. 3d Circuit: Counsel’s Failure to Investigate Drug Properties for Analogous Drug Comparison at Sentencing Constitutes Ineffective Assistance, by Douglas Ankney
  11. Fourth Circuit Clarifies How to Bring a First Step Act Motion Applying the Fair Sentencing Act, by Dale Chappell
  12. New York Court of Appeals: Police Officers May be Cross-Examined About Acts of Dishonesty Like Any Other Witness, by Douglas Ankney
  13. Georgia Supreme Court Clarifies What a Defendant Must ‘Admit’ Before Raising an Affirmative Defense, by Douglas Ankney
  14. Colorado Supreme Court Reverses Conviction Because Trial Court Failed to Give No-Adverse-Inference Jury Instruction for Choosing Not to Testify, by Douglas Ankney
  15. Fifth Circuit Holds Davis Retroactive, Conspiracy Cannot Support 924(c) Convictions, by Dale Chappell
  16. Book Review: The Habeas Citebook: Prosecutorial Misconduct Is an Invaluable Resource for Challenging Prosecutorial Misconduct, by Dale Chappell
  17. Idaho Supreme Court: Where Police Were Unaware of Probationer’s Fourth Amendment Waiver Until After Unreasonable Search, Waiver Won’t Make Search Reasonable, by Douglas Ankney
  18. Illinois Supreme Court: Statute Banning All Sex Offenders on Probation From Accessing or Using Social Networking Websites Facially Unconstitutional, by Douglas Ankney
  19. Second Circuit Affirms District Court’s Decision Setting Aside Guilty Verdict in a Case of Irreconcilably Inconsistent Verdicts, by Douglas Ankney
  20. Sixth Circuit: Grant of Habeas on Grounds that State Trial Court Violated Defendant’s Right to Present a Complete Defense, by Douglas Ankney
  21. Oregon Supreme Court: Conviction for Interfering with Police Requires Lawful Order, by Mark Wilson
  22. Montana Supreme Court Holds Automatic 35% Drug Fine Facially Unconstitutional, by Dale Chappell
  23. Alaska Police Department Run by Former Convicts, by Kevin Bliss
  24. Washington Supreme Court Affirms Warrantless Search of CSLI Data but Holds Convictions for Both First-degree Rape and Felony Murder Predicated on Rape Violate Double Jeopardy, by Douglas Ankney
  25. Hundreds of Dishonest Cops Called as Witnesses, by Jayson Hawkins
  26. 11th Circuit: General Threat of Harm Inherent in Every Bank Robbery Doesn’t Qualify for ‘Threat-of-Death’ Enhancement, by Douglas Ankney
  27. Which Makes Us Safer? Residency Restrictions or Enhanced Rehabilitation for Former Sexual Offenders?, by Sandy Rozek
  28. New York Criminal Record-Sealing Program Revisited, by Edward Lyon
  29. In Case of First Impression, Pennsylvania Supreme Court Holds Compelling Suspect to Disclose Computer Password Is Testimonial in Nature and Violates Fifth Amendment’s Privilege Against Self Incrimination, by Douglas Ankney
  30. Thousands of Convictions Questioned; Prisoners Released Show Why Law Enforcement Technology Must Be Tested by Third Parties, by Dale Chappell
  31. Washington Supreme Court Announces Rules for Trial Courts When Implicit Racial Bias Alleged in Jury Decision, by Douglas Ankney
  32. To Compute, or Not to Compute: Algorithm-Driven AI in the Criminal Justice System, by Edward Lyon
  33. Ninth Circuit Holds Evidence from Martinez Hearing Can Be Considered in Granting Habeas Relief, Despite Bar Against Evidentiary Hearings on Facts Not Raised Below, by Dale Chappell
  34. Indiana Supreme Court Announces Analytical Framework When Determining Whether Punitive In Rem Forfeiture Violates Excessive Fines Clause, by Douglas Ankney
  35. Hundreds of Cop Shootings Yearly in Arizona, by Edward Lyon
  36. Federal District Court Grants § 2255 Motion, Finds IAC for Failure to Object to Government’s ‘Misstatement of Law’ During Trial, by Dale Chappell
  37. California Supreme Court Overturns Its Warrantless Identification Search Precedent, by Dale Chappell
  38. First Circuit: Application of Subsequent Guidelines Manual to a Prior, Ungrouped Offense Violates Ex Post Facto Clause, by Douglas Ankney
  39. Nullify Government Tyranny: In 2020, Harness the Power of Your Discontent, by John W. Whitehead
  40. Oregon Parole Board Must Explain Reason for Extended Parole Postponement Period, by Mark Wilson
  41. California Supreme Court Holds Confidential Personnel Information of Officers on Internal ‘Brady List’ Can Be Disclosed to Prosecutors, by Dale Chappell
  42. From the Editor, by Richard Resch
  43. Why Are Cops Around the World Using This Outlandish Mind-Reading Tool?, by Christian Sheckler, Ken Armstrong

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