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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
The Court of Appeals of Maryland held that where a circuit court imposed on remand a sentence of equal maximum length as the former sentence, but required a longer period of incarceration before parole eligibility than the former sentence, the new sentence was “more severe” for purposes ...
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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 Douglas Ankney:
- Tenth Circuit Announces Assault Conviction Under 18 U.S.C. § 113(a)(6) Not a Qualifying Predicate ‘Crime of Violence’ for Purposes of USSG § 2K2.1(a)(3), July 15, 2024
- Ohio Supreme Court Announces Same Postconviction-Relief Filing Deadline Applies to ‘Delayed Appeal’ as Applies to Any Other Type of Direct Appeal, July 15, 2024
- New NIJ-Funded Website Assists Forensic Practitioners Estimate Age of Unidentified Skeletal Remains of Infants and Teens Based on Dental Data, July 15, 2024
- Minnesota Supreme Court Announces Good-Faith Exception to Exclusionary Rule Under State Constitution Does Not Apply to Search and Arrest Based on Quashed Warrant That Appears Active Due to Clerical Error by Court Administration, July 15, 2024
- California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition, July 15, 2024
- Tennessee Supreme Court Announces Prospective Abrogation of Common Law Accomplice-Corroboration Rule, July 15, 2024
- Prosecutors Receive Absurdly Lenient Sentence of Probation for Brady Violation That Resulted in an Innocent Man Spending More Than Four Years in Prison, July 15, 2024
- Rethink Googling That Video of Big Bird Teaching Your Child the Letter ‘B’—You Might Be Caught in a Federal Dragnet, July 15, 2024
- Eleventh Circuit Reverses District Court’s Grant of Habeas Relief, Notes It’s ‘Murky on When Putting Two Suspects in a Room Together Qualifies as Interrogation Under Miranda’, July 15, 2024
- Idaho Stopped From Repeatedly Scheduling Executions That It Cannot Carry Out, July 1, 2024
More from these topics:
- Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months, May 15, 2024. Parole, Probation, Parole & Supervised Release, Concurrent and Consecutive Sentences, Multiple Sentences, Aggregate Sentence.
- Alabama Denies Parole to Former Sheriff Convicted of Corruption, April 1, 2024. Misconduct/Corruption, Jail Misconduct, Parole, Release Decisions.
- Wisconsin Supreme Court: Jail Time Must Be Credited When Charge Causing Jailing Read in At Sentencing, Jan. 1, 2024. Sentencing, Good Time, Sentences - Corrections or Modifications of, Credits.
- New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors, Dec. 15, 2023. Parole, Three Strikes, Juvenile Offenses/Offenders, Sentences - Corrections or Modifications of.
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023. Parole, U.S. Sentencing Guidelines, Parole Conditions, Juvenile Offenses/Offenders.
- Nebraska Parole Board Members Showing Up to Work More Often, July 15, 2023. Parole Board Misconduct, Parole.
- Fourth Circuit Rejects Appeal of $700,000 Award to Maryland Prisoner Assaulted by Guards, May 1, 2023. Guard Brutality/Beatings, Settlements, Appeals.
- Seventh Circuit Clarifies Calculation of Presumptive Parole Date for Federal Prisoner Sentenced Under Pre-1987 Law, July 15, 2022. Parole, Parole Conditions.
- Maryland Strips Governor’s Power to Overturn Parole Decisions, July 13, 2022. Parole, Parole Conditions.
- Ninth Circuit Holds California Prison Officials Entitled to Legislative Immunity When Promulgating Rules, June 1, 2022. Parole, Qualified Immunity.