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SCOTUS Reinstates Death Sentence Reversed by Eleventh Circuit
by Matt Clarke
The Supreme Court of the U.S. reinstated the death sentence of an Alabama man who had been convicted of murder. The Eleventh Circuit had reversed, in part, the conviction based on the incorrect claim that Alabama had established a categorical rule requiring post-conviction habeas corpus applicants claiming ...
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More from this issue:
- The Clash Between Closed-Source Forensic Tools and the Confrontation Clause, by Anthony Accurso
- Make Way for the Snitch State The All-Seeing Fourth Branch of Government, by Nisha Whitehead, John W. Whitehead
- Massachusetts Supreme Judicial Court: Withholding Exculpatory Statement Change by Key Witness Constitutes Brady Violation, Requiring New Trial, by Matthew Clarke
- Qualified Immunity Driven by Irrational Fear of Cops Being Held Personally Liable, by Dale Chappell
- Wyoming Supreme Court: Fleeing Into Home After Traffic Offense Not Exigent Circumstance Justifying Warrantless Entry, by Anthony Accurso
- SCOTUS: § 2(a) of Fair Sentencing Act Modifies Statutory Penalties Only for Subparagraphs (A) and (B) of 21 U.S.C. § 841(b)(1)— the Mandatory-Minimum Provisions, by Douglas Ankney
- SCOTUS: ‘Exceeds Authorized Access’ Under the CFAA Means Accessing Areas of Computer That Are Off-Limits on Computer Otherwise Authorized to Access, by Douglas Ankney
- Fourth Circuit: Sentence Vacated for Failure to Properly Analyze Leadership Role Factors, by Anthony Accurso
- Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility, by Dale Chappell
- Hawaii Supreme Court: Trial Counsel Must Inform Defendant That Deportation ‘Will Be Required’ for Plea to Aggravated Felony, IAC for Advising Deportation ‘Almost Certain’, by David Reutter
- Study: Innocent Children Likely to Plead Guilty, by David Reutter
- Fourth Circuit: District Court Must Recalculate Guidelines Sentencing Range and Conduct Analysis of § 3553(a) Factors Even if Same Sentence Would Be Imposed Under First Step Act, by Dale Chappell
- "Sixth Circuit Grants Habeas Relief Because Trial Judge Redacted Key Portion of Witness’ Testimony Presented to Jury in Violation of Confrontation Clause", by Dale Chappell
- JusticeText Software Helps Defense Attorneys Review Audiovisual Evidence, by Anthony Accurso
- Seventh Circuit Finds Lack of Evidence, Grants Habeas Relief, and Orders ‘Immediate Release’, by Dale Chappell
- Ninth Circuit: IAC Under Strickland Satisfies Rhines’ ‘Good Cause’ Standard to Stay Federal Habeas Petition, Allowing Exhaustion of State Court Remedies, by Dale Chappell
- Wisconsin Supreme Court: Officer’s Retention of Driver’s License Without Reasonable Suspicion to Delay Until Arrival of Drug Dog Constitutes Unlawful Seizure, by Anthony Accurso
- Tenth Circuit: Warrant Authorizing Search for Items ‘Involved in Crime’ Violates Fourth Amendment’s Particularity Requirement, Not Saved by Doctrine of Severability, by Anthony Accurso
- The Legacy of Len Bias, by Jayson Hawkins
- Massachusetts Supreme Court Revisits Lougee and Announces Framework for Determining When Pretrial Detention Prolonged Due to COVID Violates Due Process, by Douglas Ankney
- North Dakota Supreme Court Holds Attempted Knowing Murder Is Non-Cognizable, by Matthew Clarke
- California Court of Appeal: § 1170.95(e) Permits Trial Courts to Redesignate More Than One Underlying Felony in Resentencing Vacated Felony-Murder Conviction, by Douglas Ankney
- North Carolina Court Rules That Felons Not in Prison Must Be Allowed to Vote, by Chuck Sharman
- Seventh Circuit: Prosecutor’s Comments Not Supported by Evidence Denied Defendant Fair Trial, Affirms Habeas Relief, by Dale Chappell
- Arizona Supreme Court: Trial Courts Have Broad Discretion to Disqualify Entire Prosecutor’s Office Based on Appearance of Impropriety, by Douglas Ankney
- Mississippi Supreme Court: Failure to Timely File Motion to Suppress Confession Obtained as Result of Police Threats and Promises Constitutes Ineffective Assistance of Counsel, by Matthew Clarke
- Federal Judge: ‘Offense of Conviction’ Under Guidelines Excludes Relevant Conduct for Sentencing, by Dale Chappell
- Indiana Supreme Court Applies Recently Announced Proportionality Framework for In Rem Fines and Holds Forfeiture of $35,000 Land Rover Grossly Disproportionate to Underlying Offense in Violation of Eighth Amendment, Ending 7-Year Saga, by Douglas Ankney
- Putting Police Use of Spy Tech Under Community Control, by Anthony Accurso
- Seventh Circuit: Cronic Doesn’t Provide Exclusive Situations for its Application, Finds Attorney Abandonment at Sentencing Despite Counsel Being Physically Present, by Dale Chappell
- Law Enforcement Underwhelmed by Clearview AI, by Anthony Accurso
- Study Finds Lack of Uniformity in New DNA Technology, by Jayson Hawkins
- 11th Circuit: District Court Must Demonstrate It Considered § 3553(a) Factors When Denying Motion for Compassionate Release, by Douglas Ankney
- California Town Pays $6 Million to Family of Mentally Ill Man Tasered by Cop
- Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes, by Douglas Ankney
- California Supreme Court Announces Predicate Offenses for Gang Enhancement or Gang Participation Not Provable Using Expert Witness Testimony Without Personal Knowledge of Facts, by Matthew Clarke
- Newark Police Didn’t Discharge a Single Firearm in 2020, and the Crime Rate Fell, by Jayson Hawkins
- SCOTUS Reinstates Death Sentence Reversed by Eleventh Circuit, by Matthew Clarke
- Study Finds Interactive Lineup Improves Accuracy of Eyewitness Identification, But Does It Also Increase Likelihood of False Identifications?, by Matthew Clarke
- FBI Fails to Track Police Use of Force, by Jayson Hawkins
- Concealed Exculpatory Evidence and New Palm Print Evidence Frees Wrongfully Convicted Man After 21 Years in Prison, by Douglas Ankney
- News in Brief
More from Matthew Clarke:
- After Spike in Jail Deaths, Riverside County Sheriff’s Department Under California Department of Justice Investigation, Aug. 15, 2024
- $7.5 Million Settlement in Suit Over California Jail Death, Aug. 15, 2024
- Oregon Transgender Prisoner Claims Abusive Violation of Injunction, but Court Declines Sanctions, Aug. 15, 2024
- Kentucky Parole Officer Gets Three Years for Sexually Assaulting Probationers, Aug. 15, 2024
- Louisiana Supreme Court Finds Prosecution Withheld Favorable Impeachment and Exculpatory Evidence in Violation of Brady, Aug. 1, 2024
- New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock, July 15, 2024
- Surveillance Tech Companies Compose Self-Promoting Press Releases for Cops That Media Lazily Regurgitates, July 15, 2024
- UN Human Rights Committee Report: ICE Electronic Data Surveillance Practices Violate Human Rights Law, July 15, 2024
- Federal Watchdog Slams BOP for Sham Accreditations, July 1, 2024
- Seventh Circuit Affirms Dismissal of Retaliation Claim By Federal Prisoner Against Guard in Illinois Lockup Who Saw Grievance Against Him, July 1, 2024
More from these topics:
- Pilot Jail Diversion Program Opens for Mentally Ill Arrestees in Austin, Aug. 15, 2024. Advocacy, Mental Health.
- Federal Judge Calls BOP Brooklyn Lockup Too Deplorable to House Defendant, Aug. 15, 2024. Bail Bonds, Mental Health, Bureau of Prisons (BOP).
- Demonstrable Remorse, Psychiatric Diagnoses, and Alternatives to Incarceration, Aug. 1, 2024. Alternative Sentencing, Mental Health, Probation, Parole & Supervised Release, Effects of Mass Incarceration.
- California Court of Appeal Explains Qualification for Mental Health Diversion Under Pen. Code § 1001.36, Rules Defendant Qualified for Pretrial Mental Health Diversion, July 15, 2024. Alternative Sentencing, Mental Health.
- Idaho Stopped From Repeatedly Scheduling Executions That It Cannot Carry Out, July 1, 2024. Injunctions, Death Penalty/Death Row, Death Penalty, Death Row, Cruel and Unusual Punishment, Punishment, Method of Execution, Lethal Injection, Lethal Injection Method of Execution.
- Two Prisoners Removed from Texas Death Row Due to Intellectual Disability, July 1, 2024. Death Penalty/Death Row, Death Penalty, Death Row, Mental Retardation/Intellectual Disability.
- Atheist Chaplain Attends Atheist Oklahoma Prisoner During Execution, June 1, 2024. Death Penalty/Death Row, Death Penalty, Death Row, Clergy.
- Condemned Texas Prisoner Ruled Too Mentally Ill to Execute, April 1, 2024. Death Penalty/Death Row, Death Penalty, Death Row, Failure to Treat (Mental Illness), Mental Health Experts, Post Ake v. Oklahoma, Judgment - Modification of.
- With Push to Empty North Carolina’s Death Row Comes Another to End Life Without Parole, April 1, 2024. Life without Parole (LWOP), Death Penalty/Death Row.
- Wellpath Held in Contempt in Suit at California Jail, March 1, 2024. California Forensic Medical Group, Medical, Systemic Medical Neglect, Dental Care, Contempt (Civil Procedure), Mental Health.