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Seventh Circuit Rules Failure to Issue Summons or Warrant Means Supervised Release Not Tolled While Merely in Custody
Loaded on Aug. 21, 2019
by Anthony Accurso
published in Criminal Legal News
September, 2019, page 40
by Anthony Accurso
The U.S. Court of Appeals for the Seventh Circuit ruled that, where a defendant is detained prior to the expiration of his supervised release, he must be released when his supervision expires unless the court orders a warrant or summons, not merely a detention order.
William Block ...
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More from this issue:
- News in Brief
- St. Louis Ordered to Stop Holding Detainees Simply Because They Can’t Afford Bail, by Kevin Bliss
- Debunked Shaken-Baby Syndrome Leads to Reduced Sentence, by Anthony Accurso
- Video Bail Hearings Violate Rights in Many Ways, by Edward Lyon
- Chicago Fingerprint Unit Flawed, Under Scrutiny, by Bill Barton
- Seventh Circuit Rules Failure to Issue Summons or Warrant Means Supervised Release Not Tolled While Merely in Custody, by Anthony Accurso
- Private Companies Use DNA Profiles to Snitch on Customers and Their Families, by Douglas Ankney
- California Losing Millions in Civil Asset Forfeiture Funds as Law Aims to Curb Police Abuse
- Second Circuit Holds NY Sodomy Not ‘Prior Sex Conviction’ for Purposes of Federal Statute Mandating Life Sentence for Repeat Sex Offenders, by Dale Chappell
- Groundbreaking Empirical Study of Expungement Released, by Bill Barton
- Sixth Circuit Announces § 2244(B)(1) Doesn’t Apply to Successive § 2255 Petitions and Rules That If the District Court Relied on Residual Clause of ACCA When Determining Prior Conviction Qualified as Predicate Felony, Then Sentence Cannot Stand, by Douglas Ankney
- Florida Supreme Court Holds Sentencing Statute That Allows Judge to Determine Dangerousness Triggering Upward Depar-ture of Maximum Sentence Unconstitutional, by Dale Chappell
- Minnesota Supreme Court Clarifies That State Has Burden to Prove Competency to Stand Trial, by Dale Chappell
- Will Police Recruitment Crisis Prompt Change in Behavior?, by Douglas Ankney
- Houston Police Cover up Crime Scene With Poor Investigation Techniques, by Kevin Bliss
- Colorado Supreme Court Announces Sniff by Drug Dog Trained to Detect Marijuana Now Constitutes a ‘Search’ Requiring Probable Cause, by Dale Chappell
- Tennessee Supreme Court Holds Judge Lacks Authority to Sign Search Warrant for Property Outside Court’s Jurisdiction, by Dale Chappell
- Another Study Shows There’s No ‘War on Police’, by Bill Barton
- 7th Circuit Instructs District Court to Grant Federal Prisoner’s Habeas Based on § 2255(e) Savings Clause, by Douglas Ankney
- Qualified Immunity: Explained, by Emily Clark, Amir H. Ali
- Massive Outing of Nationwide Instances of Police Misconduct Revealed, by Edward Lyon
- Massachusetts Supreme Judicial Court Explains Procedures of G. L. c. 278A and Rules That a Claim of Self-Defense Is a Claim of Factual Innocence, by Douglas Ankney
- Vermont Supreme Court Rules DUI Breath Test Subject to Voluntariness Challenge Despite Implied Consent Law, by Mark Wilson
- California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64, by Douglas Ankney
- California Supreme Court Reverses Attempted Murder and Explains Elements Required For Kill Zone Theory Instruction, by Anthony Accurso
- Oregon Supreme Court Holds ‘Attempt’ Requires Intent to Personally Participate in the Crime, by Dale Chappell
- $13.1 Million Settlement Reached by Actor Framed for Murder, by Douglas Ankney
- BOP Finally Implements First Step Act, Officially Releases 3,100 Prisoners Under ‘Good Conduct Time’, by Dale Chappell
- Colorado Supreme Court Announces That the People Cannot Withdraw From a Plea Agreement After the Trial Court Rejects Stipulated Sentence, by Douglas Ankney
- NYU Study Shows ‘Predictive Policing Systems’ Promote Bad Data, Bad Policing, by Dale Chappell
- SCOTUS: SOL Governing § 1983 Claim Asserting Fabrication of Evidence Begins to Run on Date Criminal Proceedings Are Terminated in Complainant’s Favor, by Douglas Ankney
- Indiana Supreme Court Reduces 30-Year Prison Sentence to 23-Year Community Corrections Placement in Rare Case, by Chad Marks
- New Jersey Supreme Court: Prosecution May Appeal Drug Court Sentence Only When Sentence Is Illegal, by Douglas Ankney
- Sixth Circuit: Prosecutor’s Numerous Improper Comments Constitute Flagrant Misconduct Depriving Defendants of a Fair Trial, by Anthony Accurso
- Fourth Circuit Reverses Lower Court for Giving Dispositive Weight to Plea Agreement Language Rather Than Fact-Based Evaluation of Weight of Evidence in IAC Claim, by David M. Reutter
- Taking Notes Influences Jurors’ Verdicts, by Douglas Ankney
- Colorado Supreme Court Announces That Claims of Insufficient Evidence Not Preserved at Trial Are Subject to De Novo Review on Appeal, by Douglas Ankney
- Refusing to Permit Attorney to Make Offer of Proof Is Abuse of Discretion, Says Indiana Supreme Court, by Douglas Ankney
- Change to New York Misdemeanor Definition May Benefit Non-Citizens, by Michael Berk
- Montana Supreme Court Rules Leaving a Brewery Doesn’t Provide Particularized Suspicion of DUI, by Anthony Accurso
- Massachusetts Supreme Court Holds Statute Requiring GPS Monitoring of Probationers Convicted of Sex Offenses Unconstitutional ‘as Applied’, by Douglas Ankney
- Oregon Supreme Court: Claim Based on New Rule of Constitutional Law Cognizable in Untimely Oregon PCR Action, by Mark Wilson
- Virtual Imprisonment as Big Brother Interactively Listens From Cradle to School to Prison to Parole to Grave, by Edward Lyon
- Column: Obtaining Relief Under 'Davis' in the Wake of 'Johnson', by Dale Chappell
- Seventh Circuit: Woman Answering Door of Suspect’s Residence Wearing Bathrobe Does Not Constitute Apparent Authority to Consent to Search, by Chad Marks
- The Role of Police Misconduct in Wrongful Convictions, by Matthew Clarke
More from Anthony Accurso:
- Sixth Circuit Holds Dismissal Not Automatic When Plaintiff Simultaneously Files Same Claims in State Court, Aug. 1, 2025
- Delaware’s ACLU Files Action on Behalf Of Six Prisoners Assaulted During Midnight Raid, Aug. 1, 2025
- DOJ Inspects BOP Food Service Operations, Finds Troubling Issues at Multiple Facilities, Aug. 1, 2025
- Guaranteed Basic Income Programs for Prisoners Reduce Food Insecurity and Homelessness, Aug. 1, 2025
- Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant, Aug. 1, 2025
- Nearly $60,000 Awarded to Mother Of Dead Missouri Prisoner In Suit For His DOC Records, July 15, 2025
- $42,000 Paid to Wisconsin Prisoner Allowed to Harm Himself While Under Observation, July 15, 2025
- Ongoing Detainee Deaths Push Rikers Island into Federal Court Receivership, July 15, 2025
- The Dangerous Practice of Late-Night Jail Releases, July 15, 2025
- Percentage Of Prisoners Serving Life Without Parole Is Up Despite Overall Decrease in Prison Population, July 15, 2025
More from these topics:
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Release and Reentry, Bureau of Prisons (BOP), Compassionate Release.
- The Dangerous Practice of Late-Night Jail Releases, July 15, 2025. Failure to Protect (General), Jail Specific, Arrest and Booking, Release and Reentry.
- $1.6 Million Class-Action Settlement for Virginia Prisoners Subjected to Delayed Release, July 15, 2025. Release and Reentry, Overdetention.
- Massachusetts High Schooler Detained by ICE Caught in “Collateral Arrest”, July 15, 2025. Arrest and Booking, Immigration, Arrest Warrants.
- $2.8 Million Settlement in National NUMI Debit Release Card Class Action, June 1, 2025. Release and Reentry, Money/Property, Seizure of Prisoner Funds, Prisoner Property, Trust Accounts.
- Former Tacoma Reentry Center Severs Washington DOC Contract, Jan. 15, 2025. Release and Reentry, housing.
- Eleventh Circuit Announces Defendant Must Know Leaving Residential Facility Without Permission Is ‘Unlawful’ for Escape Conviction Under 28 U.S.C. § 4082(a), Dec. 15, 2024. Escapes, Release and Reentry, Constructive/Imputed/Presumed knowledge.
- Missouri Prisoners Losing Reentry Money to “Incarceration Reimbursement”, Oct. 15, 2024. Release and Reentry, Seizure of Prisoner Funds, Prisoner Property.
- Florida Reentry “Success” Story: Convicted Embezzler Promoted to Oversee Miami-Dade County Contracts, Oct. 15, 2024. Release and Reentry, Embezzlement.
- New TV Show Dramatizes Prisoner’s Re-entry, Oct. 15, 2024. Release and Reentry, TV/Movies.