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Seventh Circuit: Violent Cop’s Below-Guideline Sentence Not Justified, Again

Loaded on Nov. 16, 2017 by Mark Wilson published in Criminal Legal News December, 2017, page 26
Filed under: Police Misconduct, Sentencing. Location: Indiana.

by Mark Wilson

The United States Court of Appeals for the Seventh Circuit held for a second time that a lower court improperly failed to explain its rationale for sentencing a violent police officer significantly below the applicable guideline range.

Terry Joe Smith was a police officer with Indiana’s Putnam ...

 

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More from this issue:

  1. Absurd, Abusive, and Outrageous: The Creation of Crime and Criminals in America, by Christopher Zoukis
  2. Study’s Data Show Racial Disparity in Plea Bargaining Outcomes, by Derek Gilna
  3. Missouri Supreme Court Holds Probation Revocation for Nonpayment of Court Costs Unconstitutional, by Mark Wilson
  4. Evidence Scandal Leads to the Dismissal of over 140 Texas Criminal Cases, by Matthew Clarke
  5. Fourth Circuit Holds Supervised Release Revocation Sentence Unreasonable, by Christopher Zoukis
  6. Urban Institute Releases Report Detailing the Effects of Criminal Background Checks on Employment, by Derek Gilna
  7. California SVP Determination Based on Hearsay Evidence Reversed, by Mark Wilson
  8. Alford Pleas: Prosecutors’ Choice for the Wrongfully Convicted, by David Reutter
  9. Eighth Circuit: Warrantless Seizure of Handgun Not Permitted under Plain View Doctrine, by Mark Wilson
  10. News in Brief
  11. Oregon Supreme Court Rules No Vindictiveness in Resentencing Where Longer Term for Specific Conviction but Overall Multi-Conviction Sentence Shorter, by Mark Wilson
  12. Seventh Circuit: Violent Cop’s Below-Guideline Sentence Not Justified, Again, by Mark Wilson
  13. Unloaded Firearm in Zipped Case Is Not “Deadly Weapon” under Oregon’s First-Degree Burglary Statute, by Mark Wilson
  14. D.C. Court of Appeals Rules Warrantless Use of Stingray Device Constitutes Unlawful Search and Reverses Defendant’s Convictions, by Richard Resch
  15. Eleventh Circuit Holds Defendants Voluntarily Consented to Search in Police Ruse to Search Home Purportedly to Investigate Burglary, by David Reutter
  16. Pennsylvania Supreme Court Rules State Sex Offender Registration Law Violates Ex Post Facto Clause, by David Reutter
  17. Georgia Supreme Court Rules Flipping the Bird Is Not Disorderly Conduct, by Christopher Zoukis
  18. New Study: “Broken Windows” Policing May Not Be as Effective as Thought, by Christopher Zoukis
  19. California Felonizes Some Prosecutorial Misconduct, by Matthew Clarke
  20. Ninth Circuit Concludes Mandatory Supervision Akin to Parole for Fourth Amendment Analysis, by Mark Wilson
  21. Proof of Law Enforcement Duty Is Primary Job to Establish Peace Officer Status, by David Reutter
  22. Oregon Enacts Law Requiring Grand Jury Testimony to Be Recorded—Finally!, by Mark Wilson
  23. Georgia Supreme Court Tosses DUI Conviction Based on Officer’s Testimony of Impairment, by Christopher Zoukis
  24. Third Circuit Holds Habeas Petitioner’s Claim Based on Prosecutor Knowingly Using Perjured Testimony Not Subject to Brecht “Actual Prejudice” Standard, by Richard Resch
  25. Nevada Supreme Court: Mistrial Due to Egregious and Improper Conduct by Prosecutor Bars Retrial, by Christopher Zoukis
  26. Several States Bar Landlords from Automatically Denying Housing to Felons
  27. Habeas Hints: SCOTUS Review 2016–17, by Tara Hoveland, Kent Russell
  28. Fourth Circuit Holds North Carolina Sex Offender Restrictions Unconstitutional, by Matthew Clarke
  29. Colorado Supreme Court Rules That Criminal Trespass Is a Lesser Included Offense of Burglary, by Christopher Zoukis
  30. Colorado Supreme Court Rules That Unlawful Sexual Contact Is a Lesser Included Offense of Sexual Assault, by Christopher Zoukis
  31. Kentucky Court Rules Death Penalty Statute Applied to Defendant under 21 Years Old Unconstitutional, by Mark Wilson

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