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Third Circuit Vacates Possession of Cocaine Conviction Due to Insufficient Evidence to Support Weight Element
by David M. Reutter
On July 7, 2023, the U.S. Court of Appeals for the Third Circuit, in a precedential ruling, ordered a defendant to be resentenced after it found there was insufficient evidence to support a conviction for possession with intent to distribute 500 grams or more of cocaine ...
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More from this issue:
- Police Misconduct Reform: Forcing Police Officers to Have ‘Skin in the Game’ by Creating Financial Incentives with Insurance Premiums, by David Reutter
- Sixth Circuit: Sentence Procedurally Unreasonable Where District Court Failed to Explain Decision to Impose Consecutive Sentences and Substantively Unreasonable Where Court Improperly Weighed Sentencing Factors, by Douglas Ankney
- Closed Circuit Cameras: Not the Objective Lenses We’re Told, by Benjamin Tschirhart
- Database Containing 450,000 Records of NYPD Misconduct Now Available, by Douglas Ankney
- Ninth Circuit Announces District Courts Have Discretion to Consider Non-Retroactive Changes in Post-Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reduction, by Douglas Ankney
- New Tool Used by Police to Improve Interviewing Skills, by Jordan Arizmendi
- New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework, by Richard Resch
- Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review, by Douglas Ankney
- U.S. Sentencing Commission Publishes Compassionate Release Datafile for Fiscal Years 2020-2022, by Casey Bastian
- SCOTUS Announces Pending Investigation or Proceeding Is Not Required for an Offense to be ‘Related to Obstruction of Justice’ and Qualify as ‘Aggravated Felony’ in Removal of Noncitizen, by Douglas Ankney
- We’re All Suspects in a DNA Lineup, Waiting to be Matched with a Crime, by Nisha Whitehead, John W. Whitehead
- California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-Murder Theory, by Douglas Ankney
- U.S. Supreme Court Announces § 2255(e)’s ‘Saving Clause’ Does Not Enable Prisoners to File § 2241 Petition Based on AEDPA’s Rule Against Second or Successive § 2255 Motions, by Douglas Ankney
- ‘Data for Defenders’: Valuable New Resource for Defense Counsel and Pro Se Litigants, by Jordan Arizmendi
- Maryland Supreme Court: Firearms Identification Methodology Does Not Provide Reliable Basis for Expert’s Unqualified Opinion That Bullets Recovered at Crime Scene Were Fired From Defendant’s Gun, by Douglas Ankney
- California Court of Appeal: Trial Court Abused Discretion in Failing to Recall Terminally Ill Prisoner’s Sentence Following CDCR’s Recommendation for Compassionate Release, by Douglas Ankney
- American Bar Association’s 2023 Plea Bargain Task Force Report, by Carlo Difundo
- Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’, by Douglas Ankney
- D.C. Circuit Orders New Trial Due to Brady Violations Involving Source of Information, Not Withholding of Information Itself, by Richard Resch
- Texas Court of Criminal Appeals Holds Granting Motion for New Trial Because ‘Verdict Is Contrary to Law and Evidence,’ Without Further Explanation, Bars Retrial, by Matthew Clarke
- Third Circuit Vacates Possession of Cocaine Conviction Due to Insufficient Evidence to Support Weight Element, by David Reutter
- How the Backdoor Loophole Enables the FBI to Search Your Communications Without a Warrant, by Michael Thompson
- Ninth Circuit Announces No Deference to Application Note 1 to Guideline § 4B1.2(b) Because It Impermissibly Expands Definition of ‘Controlled Substance Offense’, by Douglas Ankney
- Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review, by Douglas Ankney
- Digital Voiceprinting Is Not Ready for Court, by Anthony Accurso
- Oregon Supreme Court Clarifies Mansor Ruling for Search Warrants for Digital Data and Announces Framework for Suppression When Warrant Contains Both Constitutional and Unconstitutional Search Categories, by Anthony Accurso
- News in Brief
More from David Reutter:
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, May 15, 2024
- Criminal Justice Reform Becoming a Corporate Priority, May 15, 2024
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024
- Suit Proceeds Against CoreCivic by Guard Strip-Searched at Georgia Prison, April 26, 2024
- $1.4 Million Verdict for Florida Jail Guard Injured in Transport Van Crash, April 26, 2024
- Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions, April 26, 2024
- $155 Million Settlement for 10,000 California Prison Guard Supervisors in Wage Lawsuit, April 26, 2024
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024
More from these topics:
- California Court of Appeal: Trial Court’s Dismissal of Charge Based on Express Statement of ‘Insufficient Evidence’ Is Equivalent to Acquittal for § 1170.95 Resentencing, May 15, 2022. New Trial/Judgment of Acquittal, Insufficiency of the Evidence.
- Second Circuit: Nondescript Photo of Unidentified Black Male Insufficient Grounds to Conduct Investigatory Stop, Nov. 15, 2020. Insufficiency of the Evidence, Pat Down Searches.
- 10th Circuit: Evidence Insufficient to Support Conviction for Attempting to Kill Witness, May 15, 2020. Insufficiency of the Evidence.
- Massachusetts Supreme Judicial Court Reverses Murder Conviction Due to Insufficient Evidence, April 15, 2020. Murder/Felony Murder, Insufficiency of the Evidence.