×
You've used up your 3 free articles for this month. Subscribe today.
Seventh Circuit Vacates Sentence Because Sentencing Judge Should Have Recused Himself Due to Ex Parte Communications with U.S. Attorney’s Office
Loaded on Dec. 18, 2019
by Douglas Ankney
published in Criminal Legal News
January, 2020, page 34
Filed under:
Judicial Misconduct.
Location:
United States of America.
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit vacated the sentence of James Atwood because Judge Colin S. Bruce should have recused himself before imposing a sentence on Atwood because of Bruce’s ex parte communications with the prosecuting U.S. Attorney’s Office.
Atwood appeared before Bruce for ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- News in Brief
- National Fingerprint Database Frees Man After 36 Years, by Jayson Hawkins
- Seventh Circuit Holds Indiana Pointing a Firearm and Intimidation Convictions No Longer Qualify Under ACCA After Johnson, by Pat O'Connell
- Asset Forfeiture Not So Helpful to Crime-Fighting, by Edward Lyon
- New York Court of Appeals Overturns Murder Conviction, Finds Prosecutor Withheld Critical Video Evidence in Violation of Brady Obligations, by Dale Chappell
- Tennessee Supreme Court Reverses Conviction Because Trial Court Refused to Give ‘Necessity’ Jury Instruction Because Defendant Never Testified About Mental State, by Douglas Ankney
- Sixth Circuit Reverses District Court’s Denial of Safety-Valve Relief, by Douglas Ankney
- Georgia Supreme Court Announces Fundamental Overhaul of Jurisprudence Governing Appeals of Guilty Pleas and Out-of-Time Appeals, by Douglas Ankney
- California Court of Appeal: Equal Protection Requires Pretrial Detainees on Home Confinement Be Eligible for Good Conduct Credits, by Douglas Ankney
- U.S. Supreme Court ‘Death Caucus’ Setting Death Penalty Litigation Tone, by Kevin Bliss
- Georgia Supreme Court: Warrantless Search of Vehicle’s Airbag Control Module is Unconstitutional, by Douglas Ankney
- 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
- Santa Didn’t Create Naughty Cops List, But It’s Worth Checking Twice, by Douglas Ankney
- Nevada Supreme Court: Trial Court Must Give Manslaughter Instruction Even When Evidence Is Circumstantial, by Douglas Ankney
- Seventh Circuit Reaffirms Sex Trafficking and Kidnapping Are not Violent Felonies for 924(c) After Davis, by Dale Chappell
- Supreme Court of Hawai’i Rules Presenting Falsified Polygraph Results Is Coercive Per Se, by Douglas Ankney
- Sixth Circuit Holds Career Offender Status Does not Bar Retroactive FSA Relief Under First Step Act, by Dale Chappell
- Using Algorithms to Erase Pot Convictions in California, by Douglas Ankney
- Colorado Supreme Court Announces Clarifications and Modifications to Proportionality Review Standard as Applied to Habitual-Offender Sentences, by Douglas Ankney
- Costly Electronic Monitoring Programs Replacing Ineffective Jail Bond Systems, by Kevin Bliss
- 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
- Eleventh Circuit: Conspiracy to Commit Hobbs Act Robbery not a Crime of Violence Under 18 U.S.C. § 924(c), by Douglas Ankney
- Third Circuit Grants Habeas Relief in Loss of GBMI Plea in Pennsylvania Court Due to IAC, Announces New Rule, by Dale Chappell
- Washington Supreme Court: Failure to Pay Fines Don’t Increase Sentencing Score, by Anthony Accurso
- Harmless Error: Explained, by Gabe Newland
- On Remand from Supreme Court, Eleventh Circuit Holds in Specific Circumstances an Ake Violation Constitutes Structural Error, by Douglas Ankney
- Refusing to Permit Attorney to Make Offer of Proof Is Abuse of Discretion, Says Indiana Supreme Court, by Douglas Ankney
- Police Use of Rapid DNA Machines Unregulated, by Jayson Hawkins
- Tenth Circuit Holds Davis Retroactive, Retaliation Against a Witness Not Crime of Violence Under § 924(c), by Dale Chappell
- Perils of Risk Assessment Tools in Criminal Justice, by Jayson Hawkins
- If It Saves More Than One Child, by Sandy Rozek
- U.S. District Court Holds Hobbs Act Robbery not Crime of Violence for § 924(c), Grants § 2255 Motion, by Dale Chappell
- From the Editors
- 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
- Hawai’i Supreme Court Announces New Rule Requiring Both Judges and Juries to Consider Numerous Factors in Witness ID Cases, by Dale Chappell
- Insurance Companies Are Paying Cops To Investigate Their Own Customers, by Kendall Taggart
More from Douglas Ankney:
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025
- Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication, March 15, 2025
- California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed, March 15, 2025
- Nevada Supreme Court: Theft Offenses and Possessing or Receiving Stolen Property Offenses Are Mutually Exclusive and Double Jeopardy Protections Bar Conviction for Both Offenses When Based on Same Conduct, March 15, 2025
- Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025
- $100,000 Settlement Reached in New York Prisoner’s Solitary Confinement Suit, After Jury for First Time Finds Practice Violates Eighth Amendment, March 1, 2025
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
More from these topics:
- Colorado Bureau of Investigation Admits Over 1,000 Cases Affected by DNA Test Misconduct, Feb. 1, 2025. Judicial Misconduct, DNA Testing/Samples, junk science, Forensic Sciences.
- Corizon Health Bankruptcy Delayed by Revelation of Attorney’s Affair With Mediator, Jan. 1, 2024. Corizon, Judicial Misconduct, Attorney Misconduct, Bankruptcy, Appearance of Justice/Impartiality.
- U.S. Senator to Federal Agency: Investigate Abusive Use of Administrative Subpoena Power to Gather Bulk Financial Records, Dec. 15, 2022. Judicial Misconduct, Relevancy, Bank/Financial Institution.
- A New Style of Crime Documentary, Dec. 15, 2020. Police Misconduct, Judicial Misconduct, Wrongful Conviction, TV/Movies.
- Judicial Abuse and Law Enforcement Corruption on Trial in Meek Mill Case, Dec. 10, 2019. Misconduct/Corruption, Police Misconduct, Judicial Misconduct.
- Partial Justice, Sept. 16, 2019. Judicial Misconduct, Judiciary, Wrongful Conviction, Constitution, U.S..
- Republican-Appointed Federal Judges Sentence Blacks More Harshly, Women More Leniently, June 3, 2019. Misconduct/Corruption, Government Misconduct, Judicial Misconduct, Discrimination, Racial Discrimination, Sentencing.
- Louisiana Supreme Court Vacates Conviction for Batson Violation, Feb. 14, 2019. Misconduct/Corruption, Judicial Misconduct, Discrimination, Racial Discrimination.
- All Seven Arkansas Supreme Court Justices Face Ethics Charges, Feb. 5, 2019. Misconduct/Corruption, Judicial Misconduct.
- Ninth Circuit Holds Undisclosed Relationship Between Murdered FBI Agent and Presiding Judge in Capital Case Created Intolerable Risk of Judicial Bias, Warranting Habeas Relief, Dec. 28, 2018. Judicial Misconduct, Habeas Corpus, FBI.