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Seventh Circuit: ‘Force’ for Aggravated Sexual Abuse Requires ‘Physical Force,’ Not Psychological Coercion
Loaded on Aug. 19, 2018
by Christopher Zoukis
published in Criminal Legal News
September, 2018, page 32
Filed under:
Criminal Prosecution.
Location:
Wisconsin.
by Christopher Zoukis
The United States Court of Appeals for the Seventh Circuit reversed the denial of a prisoner’s § 2255 claim of ineffective assistance of counsel, rendering the prisoner’s conviction on charges of aggravated sexual abuse void. The February 20, 2018, opinion sent the case back to the district ...
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More from this issue:
- How Coercive Interrogations Can Lead to a False Confession, by Brian Leslie
- $9 Million Settlement in Baltimore Wrongful Conviction Case, by Christopher Zoukis
- Fifth Circuit Affirms Habeas Relief Granted to Louisiana Prisoner Who Overcame SOL by ‘Credible Showing of Actual Innocence’, by Christopher Zoukis
- Minneapolis Police Used EMS Staff to Drug Certain Suspects, Report Says, by Betty Nelander
- U.S. Supreme Court: Drivers of Rental Cars Not on Rental Agreement Have Expectation of Privacy, by Dale Chappell
- Seventh Circuit: ‘Force’ for Aggravated Sexual Abuse Requires ‘Physical Force,’ Not Psychological Coercion, by Christopher Zoukis
- U.S. Supreme Court’s Carpenter Decision a Warning to Police on Warrantless Data Searches, by Derek Gilna
- Washington Supreme Court Clarifies Process by Which Insanity Acquittees May Petition for Release, by Christopher Zoukis
- SCOTUS’ Unanimous Death-Penalty Jury Verdict Decision Affecting Florida Cases, by Derek Gilna
- New Kansas Law Compensates Those Wrongfully Convicted, by Dale Chappell
- Georgia Defense Attorney Wins Another ‘Jury-Nullification’ Case, by Derek Gilna
- New Jersey Appellate Division Extends Urbina Self-Defense Rule to Defense of Others in Plea Allocution, by David Reutter
- Virginia Supreme Court Holds Convictions for Common Law and Statutory Involuntary Manslaughter Violate Double Jeopardy Clause, by Dale Chappell
- Cato Institute: Require Cops to Carry Liability Insurance, by Christopher Zoukis
- SCOTUS Issues Landmark Fourth Amendment and Digital Privacy Opinion in Carpenter
- Eighth Circuit Rules Officer’s Inability to Read Temporary Vehicle Tag Does Not Justify Traffic Stop, Evidence Obtained Must be Suppressed, by Christopher Zoukis
- First Circuit Holds Appeal Not Barred by Plea Agreement Waiver Provision When Sentence Exceeds Agreement, by David Reutter
- New York City Decriminalizes Some Public Smoking of Marijuana in Policy Shift, by Derek Gilna
- Can Cops Shoot a Fleeing Suspect in the Back?, by Dale Chappell
- Texas Courts Rubber Stamp Post-Conviction Fact Findings in Death Penalty Cases, Study Says, by Matthew Clarke
- New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms, by Christopher Zoukis
- Hawaii Supreme Court Vacates Conviction Due to Prosecutor’s Bogus Argument Attacking Defense Counsel, by Matthew Clarke
- Drug Detection Using Fingerprints in the Works, by Matthew Clarke
- Sixth Circuit Reverses Relevant Conduct Firearm Enhancement Because No Connection Between Possession Charges Based on Two Separate Shootouts, by Christopher Zoukis
- Kansas Supreme Court: Deadly Weapon-Use Finding Prerequisite to Imposing Violent Offender Registration Requirement, by Matthew Clarke
- Third Circuit Grants Habeas Relief to Prisoner Convicted of First-Degree Murder Without Evidence of Specific Intent to Kill, by Christopher Zoukis
- Why Sex Offender Registries Keep Growing Even as Sexual Violence Rates Fall, by Steven Yoder
- NYPD’s Lack of Disciplinary Record Transparency Frustrates Prosecutors, by Betty Nelander
- Maryland’s Top Court Rules Actual Notice by Trial Judge Unnecessary to Trigger Hearing Requirement On Defendant’s Request to Replace Defense Counsel, by Christopher Zoukis
- Immigration Authorities Seize Wrongfully Convicted Man After Release, by Matthew Clarke
- Chicago Tries to Reduce Deficit at its Poorer Citizens’ Expense, by Edward Lyon
- Kansas (Finally) Outlaws Sex Between Cops and Detained Citizens
- California Property Owners Billed for Their Own Prosecution, by Christopher Zoukis
- What Some Prison Sentence Lengths Actually Reflect, by Edward Lyon
- Trial Lawyer Advocates ‘Jury Nullification’ To Acquit the Unjustly Accused, by Derek Gilna
- Academic Paper Highlights Need to Tighten Rules for Fingerprint Evidence in Light of False-Positive Error Rate, by Steve Horn
- New York City Gang Database Increases 70 Percent Since 2014, by Derek Gilna
- South Dakota Supreme Court Rules that Trial Court Cannot Reject a Plea Agreement It Already Implicitly Accepted, by Christopher Zoukis
- New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release, by Dale Chappell
- Iowa Supreme Court: Relief from Conviction Not Required When Suing for Legal Malpractice Based on Wrongful Sentence, by Dale Chappell
- South Dakota Supreme Court Announces Search Incident to Arrest Exception to Warrant Requirement Does Not Apply to Collection of Urine Sample Upon Arrest, by Dale Chappell
- Armed and Dangerous: If Police Don’t Have to Protect the Public, What Good Are They?, by John W. Whitehead
- There’s No Rational Way to Justify America’s Drug Laws, by Maia Szalavitz
- News in Brief
- Secondary DNA Transfer: The Rarely Discussed Phenomenon That Can Place the Innocent (and the Dead) at a Crime Scene They’ve Never Been To, by Christopher Zoukis
More from Christopher Zoukis:
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- Trump v. Biden on Criminal Justice, Oct. 1, 2020
- Coronavirus in Prison: The Cruel Reality, Aug. 1, 2020
- With Lives of Immigrant Detainees at Risk to COVID-19, Federal Judge Forces ICE’s Hand, July 1, 2020
- A Nation on the Brink, June 15, 2020
- Federal Court Slams Michigan Jail for Bungling COVID-19 Pandemic, Demands Names of Vulnerable Prisoners for Release, June 1, 2020
- Silence: The Bureau of Prisons’ Pathetic Response to the COVID-19 Pandemic, June 1, 2020
- New York Judge Orders Release of 18 Rikers Island Detainees Due to COVID-19 Risk, June 1, 2020
- Coronavirus: A Nationwide Survey of the Push for Early Release as Pandemic Fears Grow, May 1, 2020
- California Three-Judge Court Denies Emergency Motion to Reduce Prison Population During Pandemic, May 1, 2020
More from these topics:
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- U.N. Panel Finds Rampant Racism in U.S. Criminal Justice System, June 1, 2024. Racial Discrimination, Commentary/Reviews, Crime/Demographics, Criminal Prosecution, Statistics/Trends.
- Over 5,000 Prisoners Federally Sentenced Every Month, May 1, 2024. Criminal Prosecution, Statistics/Trends, U.S. Sentencing Guidelines, Bureau of Prisons (BOP).
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