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Sentencing Court’s Grant of Prior Custody Credit was Not ‘Clear Error’ to Allow for Removal

Loaded on April 19, 2018 by Dale Chappell published in Criminal Legal News May, 2018, page 32
Filed under: Sentencing. Location: Louisiana.

by Dale Chappell

The government’s “eleventh hour” motion to “correct” a sentence to remove credit for time served in a related case before federal sentencing was improperly granted by the district court, the U.S. Court of Appeals for the Fifth Circuit held November 16, 2017.

When Derrick Smothers, Terrell Smothers, ...

 

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More from this issue:

  1. Parallel Construction: Building Criminal Cases Using Secret, Unconstitutional Surveillance
  2. New York Times Investigation Spotlights NYPD Practice of ‘Testilying’, by Derek Gilna
  3. New Washington State Law Removes ‘Actual Malice’ Roadblock in Police Prosecutions, by Derek Gilna
  4. Arizona Supreme Court Announces Defendants May Claim Both Self-Defense and Misidentification, by Richard Resch
  5. Iowa Supreme Court Announces Indecent Exposure Statute Does Not Apply to Still Images of Genitals, by Dale Chappell
  6. $175,000 Settlement Reached in Lawsuit Alleging Officers Literally Tried to Feed Graffiti Suspects to K-9s, by Christopher Zoukis
  7. New Jersey Supreme Court Interprets Criminal Harassment Statute to Avoid First Amendment Problem, by Christopher Zoukis
  8. Prosecutors’ Offices Taking Thousands in Grant Money, Fueling Crackdown on Sex Buyers, by Steve Horn
  9. $325,000 Paid by Sheriff’s Office to Settle Fatal Shooting Case Over Not Wearing Seat Belt, by Derek Gilna
  10. Privacy Advocates Concerned About Google AI and Pentagon Drone Surveillance, by Derek Gilna
  11. Intellectual Disability and Wrongful Conviction in Death Cases: A Lethal Combination, by David Reutter
  12. Philadelphia Tests Automating the Bail Risk Assessment Process, by David Reutter
  13. Eighth Circuit: Teague Analysis Bars Retroactive Application of Padilla Ineffective Assistance of Counsel Claim, by Christopher Zoukis
  14. The ‘Office Shuffle’: Ohio Police Recycle Bad Apples Among Rural Departments, by Matthew Clarke
  15. Former Civil Rights Lawyer Krasner Puts Justice Reform into Practice as New Philly DA, by Derek Gilna
  16. Mississippi Supreme Court Reverses Conviction Ruling; State Failed to Prove ‘Constructive Possession’ of Marijuana, by Dale Chappell
  17. Sixth Circuit Denies Qualified Immunity for Officers in No-Knock Home Entry Case, by Richard Resch
  18. Sentencing Court’s Grant of Prior Custody Credit was Not ‘Clear Error’ to Allow for Removal, by Dale Chappell
  19. NYU Students Form Dollar Bail Brigade to Help Free New Yorkers Held on $1 Bail, by Christopher Zoukis
  20. Illinois Supreme Court Strikes Down Part of Two Stalking Statutes as Unconstitutional, by Richard Resch
  21. Texas District Attorney Stops Prosecuting Trace Drug Cases
  22. Trenton Police Officers’ ‘Violent’ Comments Captured on Body Camera, by Derek Gilna
  23. Kansas Supreme Court Rules Grant of ‘Use’ Immunity Insufficient to Compel Testimony, by Richard Resch
  24. Massachusetts High Court Vacates Felony-Murder Conviction for Failure to Suppress Cellphone Search, by Christopher Zoukis
  25. Study: Unionized Police? Increased Misconduct, by Derek Gilna
  26. Utah Supreme Court Changes Course on Admissibility of Preliminary Hearing Testimony at Trial, by Christopher Zoukis
  27. 9th Circuit: District Court Improperly Deferred to Nevada Supreme Court in AEDPA Analysis, by David Reutter
  28. California Supreme Court Grants Habeas Petition and Vacates Capital Murder Conviction Due to False Expert Testimony at Trial, by Richard Resch
  29. Controversial Police Interrogation Technique That Often Results in False Confessions Abandoned by Influential Training Consultant, by Matthew Clarke
  30. $42 Million Paid Out in Decade of New Jersey Police Criminality, Abuse
  31. First Circuit Modifies Emergency Aid Doctrine for Warrantless Entry of a Home, by Richard Resch
  32. Texas Quietly Authorizes Nation’s First Public Safety Employees Treatment Courts, by Matthew Clarke
  33. Kansas Supreme Court Nixes Probation After Full Sentence of Confinement Served, by Edward Lyon
  34. Eleventh Circuit Holds Court May Not Dismiss 2255 Motion by Invoking Collateral Attack Waiver Sua Sponte, by Dale Chappell
  35. $300,000 Settlement in Suit Over Death of Intoxicated Man Abandoned by Deputies, by Matthew Clarke
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  37. Texas Court of Criminal Appeals: Furtive Gestures, Brief Visit Not Probable Cause, by Dale Chappell
  38. Qualified Immunity: The Supreme Court’s Unlawful Assault on Civil Rights and Police Accountability, by Jay Schweikert
  39. Asset Forfeitures Fund New York DA’s Office Bonuses
  40. U.S. District Court in Georgia Holds Spousal Testimonial Privilege Applies to Pre-Marital Events
  41. N.C. Supreme Court Rules Deficient Indictment Not Jurisdictional and Issue Can’t be Raised for First Time on Appeal, by Dale Chappell
  42. The Sex Offender Registry: It’s Not What You Think, by Sandy Rozek
  43. Congressional Spending Bill Provision ‘Clouds’ Constitutional Rights in Criminal Probes, by Steve Horn
  44. Seventh Circuit Finds Plain Error Where Guilty Plea Accepted Without Rule 11 Colloquy, by Christopher Zoukis
  45. Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides, by Brandon Sample
  46. Texas Court of Criminal Appeals Holds Defendant Entitled to Self-Defense Jury Charge if There is Any Evidence to Support It, by Matthew Clarke
  47. From the Editor, by Richard Resch
  48. N.Y.’s Top Court Clarifies Freedom of Information Exemption for Disclosure of Confidential Sources of Information, by Christopher Zoukis
  49. News in Brief

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