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Sixth Circuit Reverses 60-Month Upward Variance Sentence Based on News Article Provided to Parties by Court at Beginning of Sentencing Hearing

Loaded on Feb. 14, 2019 by Matthew Clarke published in Criminal Legal News March, 2019, page 25
Filed under: War on Drugs, Sentencing. Locations: Ohio, United States of America.

by Matt Clarke 

The U.S. Court of Appeals for the Sixth Circuit held that an Ohio federal district court erred when it doubled a defendant’s cocaine-possession sentence from the recommended 60 months to 120 months based on an online news article on the increase in drug overdose deaths in ...

 

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  1. Jurors Showing More and More Savvy Toward Trial Evidence, by Edward Lyon
  2. News in Brief
  3. Minnesota Sees Rising Tide of Payouts for Epidemic of Police Misconduct, by Derek Gilna
  4. Government Snitches: Incentivized Witnesses Are the Leading Cause of Wrongful Convictions, by Dale Chappell
  5. NYPD Gang Database Lacks Transparency, Limits Due Process, by Kevin Bliss
  6. $175,000 Settlement to Public Protester with Profanity-laced Sign Tased by Police Officer
  7. Study: Racial Bias Inherent in the Jury Selection Process, by Kevin Bliss
  8. Agencies: Bite-mark Forensics Outdated Science, by Kevin Bliss
  9. Algorithm-dictated Freedom? Vet California’s New Pretrial Risk Assessment Tool, by Virginia Griese
  10. San Francisco DA Candidate Chesa Boudin Puts Criminal Justice Reform Front and Center
  11. New California Laws Peel Back Secrecy Surrounding Police Discipline Amid Pushback, by Betty Nelander
  12. Facebook Tells Law Enforcement to Quit Using Phony Accounts, by Dale Chappell
  13. ‘Ban the Box’ Movement Expands in New Direction, by Edward Lyon
  14. Forensic Entomology Helps Nevada Murder Convictee Get Exonerated After 17 Years in Prison, by Edward Lyon
  15. Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected, by Kevin Bliss
  16. NY Election Websites Tell Parolees They Can’t Vote, Even Though They Can, by Dale Chappell
  17. Police Use of ‘Undercover Friending’ Investigative Technique Unregulated, by Kevin Bliss
  18. Nebraska Supreme Court Clarifies Applicable Standard for Mandatory Testing Under DNA Testing Act, Reverses District Court for Applying Wrong Standard, by Chad Marks
  19. Hawaii Supreme Court Finally Complies with SCOTUS’ Apprendi Decision, Vacates Enhanced Sentence Based on Fact Determined by Judge, Not Jury, by Christopher Zoukis
  20. Sexual Assaults and Harassment by Members of Los Angeles County Sheriff’s Department Costing Taxpayers Millions, by Edward Lyon
  21. Sixth Circuit Vacates a Witness Tampering Conviction, Principally on the Ground that the District Court Erroneously Instructed the Jury on the Intent Element of Witness Tampering, by Punch & Jurists
  22. Bronx Prosecutors Trained to Manipulate System to Delay Trials, by Matthew Clarke
  23. Deputy U.S. Attorney General Rosenstein Defends Junk Science Forensics, by Matthew Clarke
  24. SCOTUS Clarifies Scope of Generic Burglary Under the ACCA, by Richard Resch
  25. Report: Wisconsin Crime Labs Face Multitude of Problems, by Edward Lyon
  26. Custodial Interrogation Must Cease When Suspect Unambiguously Invokes Right to Remain Silent, Says Fourth Circuit, by Douglas Ankney
  27. Fifth Circuit: Introduction of Deposition Video Without Making Good-Faith Effort to Secure Witnesses’ Presence at Trial Violates Confrontation Clause, by Douglas Ankney
  28. Oklahoma Supreme Court Announces Drug Court Dismissal of Charges After Successful Completion of Drug Program Entitles Defendant to Immediate Expungement, by Douglas Ankney
  29. Texas Court of Criminal Appeals Clarifies Proper Evidentiary Standard and Type of Evidence for Informal Competency Hearing, by Christopher Zoukis
  30. Third Circuit Orders Habeas Relief Based on Trial Counsel’s Failure to Present or Even Investigate Mental Health and Juvenile Records in Pennsylvania Death Penalty Case, by Matthew Clarke
  31. Third Circuit: Summons Is Not an Arrest for USSG Criminal History Calculation, by Mark Wilson
  32. Sixth Circuit Reverses 60-Month Upward Variance Sentence Based on News Article Provided to Parties by Court at Beginning of Sentencing Hearing, by Matthew Clarke
  33. Ninth Circuit Announces Expert Testimony on Battered Woman Syndrome Not Categorically Excludable, Relevant to Duress Defense, by Richard Resch
  34. Fifth Circuit Holds Special Conditions in PSR Appendix but Not Orally Pronounced by District Court Must Be Removed From Sentence Where Conflict With Written Judgment, by David Reutter
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  36. Idaho Supreme Court: Temporary and Isolated Crossing of the ‘Fog Line’ Not Enough to Support a Traffic Stop, by Christopher Zoukis
  37. Louisiana Supreme Court Vacates Conviction for Batson Violation, by Christopher Zoukis
  38. First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege, by Matthew Clarke
  39. Minnesota Supreme Court Holds Sentencing Guidelines 
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  40. Eighth Circuit Rules Search Warrant Based on Affidavit That Failed to Link Target to Criminal Activity Lacked Probable Cause, Not Saved by Good-Faith Exception, by David Reutter
  41. Seventh Circuit Reverses Denial of a Certificate of Innocence Needed as a Prerequisite for Damages for an Unjust Conviction and Imprisonment, by Punch & Jurists
  42. California Court of Appeal: Using Criminal Process to Collect Fines That Indigent Defendants Cannot Pay Is Unconstitutional, by Douglas Ankney
  43. Ninth Circuit Announces SCOTUS’ Rodriguez Opinion Requires Overturning ‘Reasonableness Standard’ Precedent in Traffic Stop Prolongation Cases, by Richard Resch
  44. U.S. Government Lab Withheld Groundbreaking Study for 5 Years That Can Help Defendants Question the Reliability of Certain DNA Evidence, by Steve Horn
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  47. From the Editor, by Richard Resch

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