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Tenth Circuit Holds Davis Retroactive, Retaliation Against a Witness Not Crime of Violence Under § 924(c)

Loaded on Dec. 17, 2019 by Dale Chappell published in Criminal Legal News January, 2020, page 16
Filed under: Witnesses. Location: United States of America.

by Dale Chappell

In a lengthy opinion addressing two issues of first impression in the circuit, the U.S. Court of Appeals for the Tenth Circuit held that United States v. Davis, 139 S. Ct. 2319 (2019) (holding 18 U.S.C. § 924(c)(3)(B) void for vagueness), created a new substantive right that’s ...

 

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  1. News in Brief
  2. National Fingerprint Database Frees Man After 36 Years, by Jayson Hawkins
  3. Seventh Circuit Holds Indiana Pointing a Firearm and Intimidation Convictions No Longer Qualify Under ACCA After Johnson, by Pat O'Connell
  4. Asset Forfeiture Not So Helpful to Crime-Fighting, by Edward Lyon
  5. New York Court of Appeals Overturns Murder Conviction, Finds Prosecutor Withheld Critical Video Evidence in Violation of Brady Obligations, by Dale Chappell
  6. Tennessee Supreme Court Reverses Conviction Because Trial Court Refused to Give ‘Necessity’ Jury Instruction Because Defendant Never Testified About Mental State, by Douglas Ankney
  7. Sixth Circuit Reverses District Court’s Denial of Safety-Valve Relief, by Douglas Ankney
  8. Georgia Supreme Court Announces Fundamental Overhaul of Jurisprudence Governing Appeals of Guilty Pleas and Out-of-Time Appeals, by Douglas Ankney
  9. California Court of Appeal: Equal Protection Requires Pretrial Detainees on Home Confinement Be Eligible for Good Conduct Credits, by Douglas Ankney
  10. U.S. Supreme Court ‘Death Caucus’ Setting Death Penalty Litigation Tone, by Kevin Bliss
  11. Georgia Supreme Court: Warrantless Search of Vehicle’s Airbag Control Module is Unconstitutional, by Douglas Ankney
  12. Seventh Circuit Vacates Sentence Because Sentencing Judge Should Have Recused Himself Due to Ex Parte Communications with U.S. Attorney’s Office, by Douglas Ankney
  13. Santa Didn’t Create Naughty Cops List, But It’s Worth Checking Twice, by Douglas Ankney
  14. Nevada Supreme Court: Trial Court Must Give Manslaughter Instruction Even When Evidence Is Circumstantial, by Douglas Ankney
  15. Seventh Circuit Reaffirms Sex Trafficking and Kidnapping Are not Violent Felonies for 924(c) After Davis, by Dale Chappell
  16. Supreme Court of Hawai’i Rules Presenting Falsified Polygraph Results Is Coercive Per Se, by Douglas Ankney
  17. Sixth Circuit Holds Career Offender Status Does not Bar Retroactive FSA Relief Under First Step Act, by Dale Chappell
  18. Using Algorithms to Erase Pot Convictions in California, by Douglas Ankney
  19. Colorado Supreme Court Announces Clarifications and Modifications to Proportionality Review Standard as Applied to Habitual-Offender Sentences, by Douglas Ankney
  20. Costly Electronic Monitoring Programs Replacing Ineffective Jail Bond Systems, by Kevin Bliss
  21. NJ Supreme Court: Confession not Voluntary Where Police Tell Suspect Truth Would Set Him Free, Promise Him Counseling Instead of Jail, and Minimize Seriousness of Offenses, by Douglas Ankney
  22. Eleventh Circuit: Conspiracy to Commit Hobbs Act Robbery not a Crime of Violence Under 18 U.S.C. § 924(c), by Douglas Ankney
  23. Third Circuit Grants Habeas Relief in Loss of GBMI Plea in Pennsylvania Court Due to IAC, Announces New Rule, by Dale Chappell
  24. Washington Supreme Court: Failure to Pay Fines Don’t Increase Sentencing Score, by Anthony Accurso
  25. Harmless Error: Explained, by Gabe Newland
  26. On Remand from Supreme Court, Eleventh Circuit Holds in Specific Circumstances an Ake Violation Constitutes Structural Error, by Douglas Ankney
  27. Refusing to Permit Attorney to Make Offer of Proof Is Abuse of Discretion, Says Indiana Supreme Court, by Douglas Ankney
  28. Police Use of Rapid DNA Machines Unregulated, by Jayson Hawkins
  29. Tenth Circuit Holds Davis Retroactive, Retaliation Against a Witness Not Crime of Violence Under § 924(c), by Dale Chappell
  30. Perils of Risk Assessment Tools in Criminal Justice, by Jayson Hawkins
  31. If It Saves More Than One Child, by Sandy Rozek
  32. U.S. District Court Holds Hobbs Act Robbery not Crime of Violence for § 924(c), Grants § 2255 Motion, by Dale Chappell
  33. From the Editors
  34. Fourth Circuit: Ineffective Assistance of Counsel in Death Penalty Case for Failure to Investigate Fetal Alcohol Syndrome as Mitigating Factor During Sentencing Phase, by Chad Marks
  35. Hawai’i Supreme Court Announces New Rule Requiring Both Judges and Juries to Consider Numerous Factors in Witness ID Cases, by Dale Chappell
  36. Insurance Companies Are Paying Cops To Investigate Their Own Customers, by Kendall Taggart

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