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Fourth Circuit Holds Appeal Waiver Does Not Preclude Retroactive ACCA Claim
Loaded on Sept. 16, 2019
by Anthony Accurso
published in Criminal Legal News
October, 2019, page 23
Filed under:
Appeals.
Location:
United States of America.
by Anthony Accurso
The U.S. Court of Appeals for the Fourth Circuit held that retroactive ACCA claims are not barred by a defendant’s appeal waiver, and defendant’s 1976 Georgia burglary conviction is no longer a valid ACCA predicate.
Randall Cornette was convicted of being a felon in possession of a ...
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More from this issue:
- News in Brief
- Killer’s Bold DNA-Based Defense to Get New Mexico Supreme Court Hearing, by Bill Barton
- Study: Brazen Cops Posting Racist, Vitriolic Comments on the Internet, by Edward Lyon
- Chicago PD Creating Files, Background Checks on Citizens Who Speak at Police Disciplinary Meetings, by Dale Chappell
- Kentucky Supreme Court Rules Parole Board’s Revocation Procedures Are Unconstitutional, by Douglas Ankney
- 7th Circuit Announces SORNA Requires Hybrid Approach in Comparing Underlying Conviction to Determine Tier Classification, by Anthony Accurso
- Tenth Circuit Vacates Special Condition of Supervised Release That Gave Probation Officers Discretion to Ban Computer and Internet Usage, by Douglas Ankney
- Arrest for Shouting ‘F—k You’ to Arkansas Trooper Violates First and Fourth Amendments Rights, Eighth Circuit Rules, by Michael Berk
- Michigan Will Pay $1.5 Million to Longest Serving Exonerated Prisoner, by Bill Barton
- MIX13 Reveals Potential Errors in DNA Testing, by Jayson Hawkins
- Ninth Circuit Announces that District Court Cannot Sua Sponte Raise Waiver as Ground to Dismiss Motion for Sentence Reduction, by Douglas Ankney
- First Circuit: Prosecutor Not Entitled to Absolute Immunity When Performing Purely Administrative Duty, by Anthony Accurso
- New North Dakota Law Arrests Cops’ Ability to Seize Property, by Douglas Ankney
- Black Drivers in Missouri 91 Percent More Likely to Be Stopped Than White Drivers, by Bill Barton
- Maryland Court of Appeals: Sentence Imposed on Remand That Is of Equal Maximum Length as Former Sentence but With Longer Term Before Parole Eligibility Is ‘More Severe’, by Douglas Ankney
- Delaware Supreme Court: Where Defendant Competent to Plead ‘Guilty but Mentally Ill,’ He May Revoke Plea Before It Is Accepted, by Anthony Accurso
- First Circuit Rules Appeal Waiver Does Not Relieve Counsel of Duty to Consult About an Appeal, by Dale Chappell
- Fifth Circuit Announces that Categorical Approach Applied to SORNA Doesn’t Permit Circustance-Specific Inquiry Into Offender/Victim Age Differential, by Douglas Ankney
- Seventh Circuit Announces That More Than Psychological Coercion Required to Trigger § 2B3.1(b)(4)(B) Sentencing Enhancement, Disapproving Prior Holdings to the Contrary, by Douglas Ankney
- New Hampshire Supreme Court: State’s Armed Career Criminal Statute Applies Only When Qualifying Convictions Arise From at Least 3 Separate Criminal Episodes, by Douglas Ankney
- U.S. District Court Holds Residual Clause of Federal Three-Strikes Law Unconstitutional, by Dale Chappell
- Genetic Testing Raises Privacy Concerns, by Bill Barton
- Michigan Supreme Court: Reaching Out Door of Home to Retrieve ID Inadequate to Surrender Fourth Amendment Rights, by David Reutter
- Tenth Circuit: No Absolute Immunity for Prosecutor Who Fabricated Evidence, by Douglas Ankney
- The Power of Sheriffs: An Explainer, by Jessica Brand
- Pitfalls of Using Risk Assessment Tools, by Jayson Hawkins
- Eleventh Circuit Holds Time on Appeal Counts When Considering If Sentence Was Imposed Under Residual Clause, by Dale Chappell
- Fourth Circuit Holds Appeal Waiver Does Not Preclude Retroactive ACCA Claim, by Anthony Accurso
- Third Circuit Rules Lower Courts Abused Discretion When They Failed to Conduct Evidentiary Hearing on Brady Claim and on Conflict of Interest Claim, by Douglas Ankney
- Whether State or Federal, Most Convictions Are Overwhelmingly Based on Guilty Pleas, by Edward Lyon
- Minnesota Supreme Court: Even With a Warrant, Forced Anoscopy Is Unreasonable Search, by Douglas Ankney
- 9th Circuit Finds IAC for Failure to Investigate Mitigating Factors During Penalty Phase of Capital Case, by Anthony Accurso
- Oregon Supreme Court Announces State Constitution Prohibits Cops From Digging Through Residents’ Trash Without a Warrant, by Mark Wilson
- SCOTUS Declares Portion of Federal Supervised Release Statute Unconstitutional, by Dale Chappell
- Tracking Phones: Google as a Dragnet for the Police, by Bill Barton
- Who Inflicts the Most Gun Violence in America? The U.S. Government and Its Police Forces, by John W. Whitehead
- Partial Justice, by Christopher Zoukis
More from Anthony Accurso:
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025
- Studies Link Incarceration with Lower Cancer Survival Rates—For Prisoner’s Partners, Too, May 1, 2025
- ACLU Sues BOP Over Failure to Implement First Step Act Release Credits, May 1, 2025
- Federal Government Circumventing Fourth Amendment by Buying Data From Data Brokers, April 15, 2025
- Crowdsourcing a Map to Track License Plate Surveillance, April 15, 2025
- D.C. Police Continue Heavy Investment in Social Media Monitoring, April 15, 2025
- $7.15 Million for Oklahoma Prisoner Exonerated After Nearly 50 Years, April 1, 2025
- North Carolina Reimburses Prisoner $2,500 for Law Books Destroyed by Guards, April 1, 2025
- Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, April 1, 2025
- $250,000 Settlement But No Charges After Alabama Guards Beat Prisoner To Death, April 1, 2025
More from these topics:
- Fourth Circuit Rejects Appeal of $700,000 Award to Maryland Prisoner Assaulted by Guards, May 1, 2023. Guard Brutality/Beatings, Settlements, Appeals.
- U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal, July 15, 2020. Appeals, Ineffective Assistance of Counsel.
- Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review, March 18, 2020. Appeals, Sentencing.
- Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal, Feb. 19, 2020. Appeals, Fourth Amendment, rights.
- New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant, Feb. 18, 2020. Appeals, Trials.
- Third Circuit: Failure to Make PLRA Findings Moots Appeal, Feb. 4, 2020. PLRA, Appeals.
- Georgia Supreme Court Announces Fundamental Overhaul of Jurisprudence Governing Appeals of Guilty Pleas and Out-of-Time Appeals, Dec. 18, 2019. Appeals.
- Illinois Prisoner Wins Partial Victory on Appeal in Hernia Treatment Suit, Dec. 10, 2019. Hernias, Appeals.
- Florida Victims’ Rights Law Creates Confusion, Limits Time for Appeals, Dec. 9, 2019. Appeals.
- Indiana Supreme Court: Postconviction Petition Addressing Only Issues From New Trial, New Sentencing, or New Appeal From Federal Court via Habeas Proceedings Is Not a Second Petition Under State Law, Nov. 18, 2019. Appeals, Habeas Corpus.