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The Many Roads to Relief Under Borden
Loaded on Aug. 15, 2021
by Dale Chappell
published in Criminal Legal News
September, 2021, page 14
Filed under:
Mandatory Minimum Sentence,
Possession or Use of Firearms.
Location:
United States of America.
by Dale Chappell
In yet another case, the Supreme Court of the United States (“SCOTUS”) whittles away at the Armed Career Criminal Act (“ACCA”), this time narrowing what qualifies as a “violent felony” to impose the harsh 15-year minimum penalty for possessing a firearm as a felon.
On June 10, ...
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More from this issue:
- One More Reason to Dislike Your State’s DMV, by Edward Lyon
- Trial Penalty: The Harm in Coercive Prosecutorial Tactics and Plea Bargains, by David Reutter
- Virginia Supreme Court Reverses Concealed Weapon Offense Because Statutory Exception Applied, by Douglas Ankney
- The Federal Habeas Corpus: Government’s Response and Your Reply, by Dale Chappell
- The Many Roads to Relief Under Borden, by Dale Chappell
- Montana Supreme Court: Court Reporter’s Medical Emergency and Judge’s Distress Don’t Constitute Manifest Necessity for Declaring Mistrial, Retrial Violates Double Jeopardy, by Douglas Ankney
- Virginia Passes Comprehensive Record Clearance Legislation, by Casey Bastian
- Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense, by Douglas Ankney
- Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense, by David Reutter
- Seventh Circuit: Coworker Cannot Limitlessly Search Defendant’s Office at Direction of FBI, by Anthony Accurso
- Nebraska Supreme Court Reverses Denial of Pretrial Motion for Absolute Discharge on Speedy Trial Grounds, by Matthew Clarke
- Fourth Circuit Reverses ‘Abusive Language’ Conviction Where Government Failed to Offer Evidence That Racial Slur Tended to Cause Immediate Acts of Violence, by Douglas Ankney
- Should Public Defenders Be Tweeting?, by Anthony Accurso
- California Court of Appeal Vacates Guilty Plea That Resulted in Legal Fiction, by David Reutter
- California Court of Appeal: When Federal Court Finds Petitioner Satisfies Schlup Standard, Victim Compensation Board Must Recommend Payment of Claim Without Hearing, by Douglas Ankney
- National Institute of Justice Funds Research to Differentiate Injuries Caused by Child Abuse from Accidental Injuries, by Matthew Clarke
- Police Funding Reallocated to Community Programs Nationwide, by Casey Bastian
- Ninth Circuit: Directly Searching Inside Detainee’s Pocket Not a Valid Terry Frisk for Weapons, by Anthony Accurso
- Atavistic South Carolinians Offer Option of Firing Squad to Condemned Prisoners, by Douglas Ankney
- Delaware Supreme Court: Substitution Not Allowed for Chain of Custody Witness, by Anthony Accurso
- Sixth Circuit: District Court May Consider Disparity of Defendant’s Actual Sentence Compared With Sentence Under First Step Act When Additional Factors Present, by Douglas Ankney
- Eighth Circuit: Plain Error to Impose Destructive-Device Enhancement for .410 Shotgun, by David Reutter
- Tenth Circuit Reverses Denial of Suppression Motion Because Rationale for Community-Caretaker Exception Unreasonable, by Douglas Ankney
- Report: NYPD Sold Almost 22,000 of the 55,000 Phones Seized Last Year, by Douglas Ankney
- SCOTUS: Cady’s ‘Community Caretaking’ Function of Police Doesn’t Create Standalone Doctrine Permitting Warrantless Entry into a Home, by Douglas Ankney
- Maryland and Montana: First States to Pass Laws Restricting Access to Consumer Genealogy Databases by Law Enforcement, by Casey Bastian
- It’s No Shock That Tasers Increase Brutality, by Casey Bastian
- South Carolina Supreme Court: Lifetime SORA Registration Requirement Unconstitutional Absent Opportunity for Judicial Review of Risk of Re-offending, by Anthony Accurso
- Mississippi Supreme Court: Drug Buy Between Dealer and User Doesn’t Constitute Conspiracy to Distribute, by David Reutter
- New Mexico Supreme Court: Constitutional Error to Accept Plea Without Assistance of Counsel, by David Reutter
- California Court of Appeal Reverses Felony-Murder Conviction Where Sentencing Occurred After SB 1437 Enacted, by Matthew Clarke
- Maryland Enacts Significant Police Reform, Overriding Governor’s Veto, by Jayson Hawkins
- Decision Not to Prosecute May Reduce Chance of Recidivism, by Kevin Bliss
- FBI Subpoenas Media Outlets for Information on Readers of Stories Criticizing Government, by Dale Chappell
- Fourth Circuit Extends Gant’s Automobile Search-Incident-to-Arrest Framework to Searches of Non-Vehicular Containers, by Douglas Ankney
- Texas Supreme Court: Multiple Misdemeanor Charges Resulting From Single Arrest Divisible for Expunction Purposes, by Douglas Ankney
- Police Legal Defense Funds Have Millions in Reserve, by Jayson Hawkins
- Big Brother Is Watching You Through Your Car, by Jayson Hawkins
- Constitutional Protections No Protection for Colorado Man Killed by Police, by Casey Bastian
- Warrantless Warrants and Crooked Courts in Chicago, by Jayson Hawkins
- Details Surface About Firm That Hacked iPhone for the FBI in 2016, by Anthony Accurso
- Debunking the Myth of ‘Dangerous’ Traffic Stops, by Jayson Hawkins
- Reports Show Law Enforcement Groups Are Main Force Pushing New Anti-Protest Laws, by Matthew Clarke
- Prosecutors Call for Humane Sentencing Measures, by Kevin Bliss
- Jury Refuses to Hold Abusive Cops Accountable for Beating Undercover Cop, by Anthony Accurso
- Digital Dogs, New Technology Designed to Sniff-Out Crime, by Michael Fortino, Ph.D
- Two T-shirts Cost Louisiana Man 20 Years, by Edward Lyon
- Police Use of Facial Recognition May Be Broader Than Expected, by Anthony Accurso
- When Police Ignore Ordered Changes, Is It Really Reform?, by Douglas Ankney
- The People Have Spoken: Clemency Appointments Should Follow the Will of the People, by Michael Fortino, Ph.D
- The Louisiana Board of Parole Giveth and Taketh Away: The Troubling Case of Bobby Sneed, by Casey Bastian
- Police Target People of Color for Cannabis Crimes Despite Legalization, by Anthony Accurso
- Bodycams Do Not Hold Cops Accountable, Communities Do, by Anthony Accurso
- News in Brief
More from Dale Chappell:
- 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
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
More from these topics:
- Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defendant About Mandatory Sentences If Plea Offer Rejected, Dec. 15, 2024. Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Mandatory Minimum Sentence, Plea Agreements/Guilty Pleas, Rejection.
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024. U.S. Sentencing Guidelines, Possession or Use of Firearms, Vicarious Liability, Safety Valve.
- Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions, June 15, 2023. Firearms Owners' Protection Act, Possession or Use of Firearms, Knowingly and Voluntarily Made.
- First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Offense Insufficient, Aug. 15, 2022. Possession or Use of Firearms, Knowingly and Voluntarily Made.
- SCOTUS Rejects Government’s Interpretation of the ACCA’s ‘Occasions Clause’ That Would Make It Possible to Become ‘a Career Criminal in the Space of a Minute’, May 1, 2022. Offense Statutory Maximum, Possession or Use of Firearms.
- Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’, March 15, 2022. Solicitation to Commit a Crime of Violence, Possession or Use of Firearms, Hobbs Act.
- Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes, Sept. 15, 2021. RICO, Possession or Use of Firearms, Gang Membership.
- Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute, May 15, 2021. Possession or Use of Firearms.
- Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively, Jan. 15, 2021. Possession or Use of Firearms, Firearms, Constructive/Imputed/Presumed knowledge.
- Colorado Supreme Court: Felony DUI Conviction Requires ‘Mandatory Sentencing’ Triggering Right to Preliminary Hearing, Nov. 15, 2020. DUI, Mandatory Minimum Sentence.
