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Seventh Circuit: Trial Judge Violated 5th Amendment by Modifying Instructions to Allow Jury to Convict on Offenses Not Charged in Indictment

Loaded on April 15, 2020 by Douglas Ankney published in Criminal Legal News May, 2020, page 11
Filed under: Sentencing. Location: United States of America.

by Douglas Ankney

The U.S. Court of Appeals for the Seventh Circuit held that a district court judge violated Ionel Muresanu’s Fifth Amendment right to be tried only on charges brought by indictment when the judge modified the jury instructions to permit conviction on offenses not charged in the indictment. ...

 

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  1. Changing Perception, Changing The Law, by Jean Trounstine
  2. California Supreme Court Finds IAC, Vacates Conviction in LAPD Officer’s Murder Case (Again) – 36 Years Later, by Dale Chappell
  3. Ninth Circuit Opens Door for Savings Clause Relief, Recognizes ‘Actual Innocence’ for Mandatory Career Offender Sentences, by Dale Chappell
  4. Seventh Circuit: Trial Judge Violated 5th Amendment by Modifying Instructions to Allow Jury to Convict on Offenses Not Charged in Indictment, by Douglas Ankney
  5. Attacking the Guilty Plea: The Ineffective Assistance of Counsel Standard, by Dale Chappell
  6. Suspending the Constitution: Police State Uses Crises to Expand Its Lockdown Powers, by John W. Whitehead
  7. SCOTUS: ‘Serious Drug Offense’ Under ACCA Is Self-Defining, Match with Equivalent Federal Offense Not Required, by Dale Chappell
  8. Kansas Supreme Court Holds Threat of Violence Statute Violates First Amendment to Extent it Criminalizes ‘Reckless’ Conduct, by Dale Chappell
  9. SCOTUS: Advocating for Shorter Sentence Sufficient to Preserve Claim that Sentence Imposed Greater Than Necessary to Comply With 18 U.S.C. § 3553(a), by Douglas Ankney
  10. New York Court of Appeals Orders Resentencing Because Trial Court Relied on Testimony from Improperly Unsealed Record, by Douglas Ankney
  11. California Court of Appeal: Senate Bill 1437 Abrogates ‘Natural and Probable Consequences Doctrine’ in Attempted Murder Prosecutions and Applies Retroactively to Cases on Appeal, by Douglas Ankney
  12. Sixth Circuit: Cardiologist’s Right to Due Process Violated Where District Court Ordered Government to Not Disclose Third Party’s Expert Evaluation of Medical Care Provided by Him, by Douglas Ankney
  13. En Banc Ninth Circuit Provides Guidance on When Amended Habeas Petition ‘Relates Back’ to Original Claims to Avoid Dismissal as Untimely, by Dale Chappell
  14. First Circuit: Home Search Affidavit Failed to Establish Nexus of Crime and Evidence, by David Reutter
  15. First Circuit: Securing a Weapon Not Used in Offense Is Not Exigent Circumstance Permitting Warrantless Entry and Search of Suspect’s Home, by Anthony Accurso
  16. Massachusetts Supreme Judicial Court Reverses Murder Conviction Due to Insufficient Evidence, by Douglas Ankney
  17. Second Circuit Holds Denial to Proceed Under Pseudonym by Magistrate Judge Is Immediately Appealable, by Dale Chappell
  18. Fifth Circuit Settles In-Circuit Confusion, Holds Implicit Extension of Time to File State Appeal Tolls AEDPA Clock to File Federal Habeas Petition, by Dale Chappell
  19. Pennsylvania Prosecutors Cash in on Low-Level Drug Crimes, by Edward Lyon
  20. Former Florida Deputy Jailed for Fabricating Drug Evidence, by David Reutter
  21. Prosecutors Overrepresented Among Federal Judges, by Jayson Hawkins
  22. ‘Travel Papers’ and the Pandemic Patriot Act 2.0, by Daisy Luther, The Organic Prepper
  23. FBI ‘Assessing’ Black Americans, by Jayson Hawkins
  24. California Supreme Court: Refusing to Testify Insufficient to Constitute Accessory After the Fact, by Anthony Accurso
  25. Seventh Circuit: Unsupported CI Statements Insufficient to Justify Higher Drug Quantity for Sentencing, by Dale Chappell
  26. Ninth Circuit: Proposition 47 Creates New, Intervening Judgment to Allow Another Federal Habeas Petition Attacking Entire Case, by Dale Chappell
  27. Seventh Circuit Vacates Sentence for Failure to Explain Extreme Departure of Guidelines Range, by Anthony Accurso
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  30. Washington Supreme Court Announces PRP Petition ‘Final’ Upon Issuance of Certificate of Finality to Allow Tolling of Federal Habeas Clock, by Dale Chappell
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  33. Wyoming Supreme Court Finds IAC Where Counsel Failed to Challenge Prolonging of Traffic Stop After Citation Completed, by Anthony Accurso
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  36. Fingerprint Analysis: High Stakes, Low Qualifications, by Jayson Hawkins
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  38. Big Brother Is ... Tracking You, by Douglas Ankney
  39. Georgia Supreme Court Reverses Dismissal of Second State Habeas Petition, by Douglas Ankney
  40. DNA Contamination Threatened Conviction of Innocent Man, by Kevin Bliss
  41. Sealed Records Open for View, by Kevin Bliss
  42. Citizens in California Can No Longer be Prosecuted for Refusing to Risk Their Lives Assisting Police, by Douglas Ankney
  43. News Websites Rethink Using Mugshots as Click-Bait, by Dale Chappell
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  45. In the Criminal Justice System, Big Brother Gets Bigger Every Day, by Douglas Ankney
  46. City of Grand Rapids to Pay Marine $190,000 After He Was Unlawfully Detained as ‘Illegal Foreign National’, by Douglas Ankney
  47. California’s Killer Cops, by Douglas Ankney
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  50. Chicago’s ‘Despicable’ Red-Light Camera System Exposed, by Douglas Ankney
  51. New York Police Department Plays Loose with Freedom of Information Act Laws, by Kevin Bliss
  52. How to Clear Your Record of Marijuana Charges in Illinois, by Dale Chappell
  53. Could a Second Chance be the Answer?, by Kevin Bliss
  54. Wrongfully Convicted NY Man Freed After 24 Years, by Jayson Hawkins
  55. News in Brief
  56. Chicago Police Department Ordered to Release 49 Years of Misconduct Files, by Matthew Clarke

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