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Sixth Circuit: Savings Clause Available for Retroactive Case of Statutory Interpretation Decided While § 2255 Motion on Appeal
by Dale Chappell
The U.S. Court of Appeals for the Sixth Circuit held on October 6, 2020, that a savings clause petition was the proper avenue to attack an illegal sentence under a retroactive Supreme Court decision handed down while a motion under 28 U.S.C. § 2255 was on appeal. ...
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More from this issue:
- The Infuriating History of Why Police Unions Have So Much Power, by Samantha Michaels
- Wrongly Convicted North Carolina Man Released After 44 Years in Prison, by Douglas Ankney
- Law Review Article: Plea Bargains Lack Transparency, by David Reutter
- Eleventh Circuit Holds RICO Conspiracy Doesn’t Qualify as Crime of Violence for § 924(c) Purposes and Defendant’s 120-Year Sentence Was Procedurally Unreasonable, by Douglas Ankney
- Nevada Supreme Court: Search Invalid Where Police Failed to Properly Inventory Bag, by Anthony Accurso
- Don’t Call the Cops. Especially if Your Loved Ones Are Old, Disabled or Have Special Needs, by John W. Whitehead
- Ninth Circuit Announces Panels of Court of Appeals May Fashion Remedy When District Court Commits Daubert Error, by Douglas Ankney
- Hawai’i Supreme Court: Search Unreasonable Where Officers Knocked and Announced Their Presence Four Times Within 25 Seconds, Then Forced Entry, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces Use of Pole Cameras for Extended Surveillance of Residence Constitutes Search Under State Law, by Douglas Ankney
- Kentucky Supreme Court: Criminal Defendant Has Right to Independent Counsel During In-Chambers Hearing on Fitness of Defense Counsel, by Matthew Clarke
- Washington Supreme Court: Prosecutor’s War on Drugs Comments Denies Fair Trial, by David Reutter
- Massachusetts Supreme Judicial Court Vacates Guilty Plea Conditioned on Waiving Right to Pursue Claim Racial Bias Infected Jury Deliberations, by David Reutter
- Tenth Circuit: District Court’s Failure to Justify Special Condition Was Plain Error, by Dale Chappell
- Louisiana Supreme Court: Statute Compelling Registered Sex Offenders to Carry ID Emblazoned with ‘SEX OFFENDER’ Unconstitutional, by Douglas Ankney
- Denver 911 Calls Routed to Mental Health Professionals, by Jayson Hawkins
- Ninth Circuit: District Court Abdicated Daubert Gatekeeping Function by Failing to Make Reliability Findings on Expert Witness’ Testimony, by Anthony Accurso
- Arizona Supreme Court: Stipulated Plea Agreement Cannot Bar Review of Illegal Sentence, by David Reutter
- Pennsylvania Supreme Court: No Probable Cause to Search Cellphones Merely Possessed in Proximity to Drugs and Guns, by Dale Chappell
- Ninth Circuit Reiterates Presumption of Innocence Remains Until Conviction, Grants Habeas Relief, by Dale Chappell
- Third Circuit: No Categorical Ban on Reliability of Recantations as New Evidence, by Dale Chappell
- Fifth Circuit: Special Conditions of Supervised Release That Barred Use of Internet, Computers, and Electronic Devices for 10 Years Not Substantively Reasonable, by Douglas Ankney
- First Circuit: Prosecution Under Puerto Rico and Federal Law for Same Drug Offense Constitutes Double Jeopardy, by Matthew Clarke
- Court of Appeals of Maryland Clarifies Issues Involving Plea Agreements and Sentence Modifications Under Justice Reinvestment Act, by David Reutter
- 7th Circuit: Ice Methamphetamine Sentence Enhancement Requires Proof of Purity, by Anthony Accurso
- Illinois Law Firm Offers Web Application to Help Automate Expungement, by Douglas Ankney
- Sixth Circuit: Probation Officer’s Warrantless Search of Probationer’s Cellphone Violated Fourth Amendment, by Douglas Ankney
- New Mexico Supreme Court Clarifies Meaning of Key Terms in Aggravated Fleeing From Law Enforcement Statute, by Anthony Accurso
- New York Court of Appeals Clarifies When Police May Conduct Traffic Stops, by Douglas Ankney
- Sixth Circuit: Savings Clause Available for Retroactive Case of Statutory Interpretation Decided While § 2255 Motion on Appeal, by Dale Chappell
- Ninth Circuit: Asking Single Objectionable Question Insufficient to Justify Termination of Defendant’s Right to Pro Se Representation, by Douglas Ankney
- In New York, Former Prisoners With Mental Illnesses Lack Needed Support, by Casey Bastian
- Lawsuit Challenges DEA Cash Seizures, by Jayson Hawkins
- Futuristic Crime Predictor Targets, Monitors People Across Florida County, by David Reutter
- Who Pays for Police Surveillance?, by Jayson Hawkins
- First Step Act Relief Shows Modest Results, by Dale Chappell
- They’re Not Secret Police, Just Police, by Anthony Accurso
- Retiree’s Home Taken for $8.41 Tax Bill Draws Michigan Supreme Court Ire, by Jayson Hawkins
- Georgia Supreme Court Affirms Right to Resist Unlawful Arrest and Announces Right Includes Use of Proportionate Force Against Government Property, by Douglas Ankney
- A New Style of Crime Documentary, by Jayson Hawkins
- Report: Judicial System Gives Cops a Pass in New Jersey, Elsewhere, by Michael Fortino, Ph.D
- Startup Surveils Communities of Color for Police Using Twitter, by Anthony Accurso
- Michigan Supreme Court Reverses Murder Conviction Due to Unreliable, Suggestive Showup, by Matthew Clarke
- Effective Crisis Management Without Police, by Jayson Hawkins
- Texas Police S.W.A.T. Woman Over Anti-Cop Bumper Stickers, by Edward Lyon
- Hip-Hop Police Bust Careers, Not Crime, by Kevin Bliss
- News in Brief
- Mother Calls 911 for Assistance With 13-Year-Old Autistic Son; Police Arrive and Shoot Him, by Douglas Ankney
More from Dale Chappell:
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
More from these topics:
- U.S. Sentencing Commission Adopts 2025 Amendments to Resolve Circuit Conflicts, Aug. 1, 2025. U.S. Sentencing Guidelines, Criminal History, Arrest/Arraignment, Sentence Enhancements/Departures.
- Summary of the 2025 Drug Offenses Amendment by the U.S. Sentencing Commission, Aug. 1, 2025. U.S. Sentencing Guidelines, Methamphetamine, Drug Mule, Machine Guns, Safety Valve.
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025. U.S. Sentencing Guidelines, Compassionate Release.
- Fourth Circuit: A Finding of Offering Money to Minor for Videos Depicting Specific Conduct Without Establishing Order of Events Insufficient to Establish Offer ‘Caused’ Minor to Produce Explicit Material Within Meaning of Guidelines § 2G2.2(c)(1) Cros, July 1, 2025. U.S. Sentencing Guidelines, Applicable Guidelines Issues.
- First Circuit Announces What Constitutes ‘Otherwise Using’ a Dangerous Weapon for Purposes of the Four-Level Enhancement Under Guidelines § 2B3.1(a), May 15, 2025. U.S. Sentencing Guidelines, Probation, Sentence Enhancements/Departures.
- ACLU Sues BOP Over Failure to Implement First Step Act Release Credits, May 1, 2025. U.S. Sentencing Guidelines, First Step Act, Bureau of Prisons (BOP).
- Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant, April 15, 2025. U.S. Sentencing Guidelines, Resentencing, Bank Fraud/Robbery/Theft, Probation, Parole & Supervised Release, Eligibility for Parole.
- Virginia Parole Board Skirts New Transparency Rules, Governor Walks Back Expanded Sentence Credits—Again, March 1, 2025. Local Rules, U.S. Sentencing Guidelines, Probation, Parole & Supervised Release, Credits.
- Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
- The Murky Waters of Parole, Feb. 1, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release.