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Sixth Circuit: Unarmed Bank Robber Who Ordered Tellers to Get on the Floor Not Subject to Enhancement for Physical Restraint

Loaded on Jan. 15, 2023 by Matthew Clarke published in Criminal Legal News February, 2023, page 38
Filed under: Kidnapping, Abduction or Unlawful Restraint, Bank Fraud/Robbery/Theft. Location: Ohio.

by Matt Clarke

The U.S. Court of Appeals for the Sixth Circuit held that the sentence of a convicted bank robber who did not have a gun, did not touch, bind, tie up, or lock up bank employees and did not tell them to move to another location could not ...

 

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  1. The Debunking of Forensic Science: A Decade of Increased Scrutiny Reveals Forensic Processes Prone to Bias and Error, by Casey Bastian
  2. California Court of Appeal: At Felony-Murder Resentencing Hearing, Court May Not Deny Relief Based on Findings That Are Inconsistent With Previous Acquittal, by Douglas Ankney
  3. You’d Better Watch Out: The Surveillance State Is Making a List, and You’re On It, by Nisha Whitehead, John W. Whitehead
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  5. Fifth Circuit: ‘Nonsubstantial Overcrowding’ of Vehicle Used in Transporting Illegal Aliens Insufficient for Imposition of Sentencing Enhancement Under Guidelines § 2L1.1(b)(6), by Douglas Ankney
  6. California Court of Appeal: Kill-Zone Theory Principles Articulated in Canizales Are Retroactive to Judgments That Were Final at Time of Decision, by Jacob Barrett
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  8. Police Digitally Frame Activists in India, but It Can Happen Anywhere, by Jayson Hawkins
  9. Eleventh Circuit: Prosecutor Denied Absolute Prosecutorial Immunity for Failure to Ensure Cancellation of Material Witness Warrant, by David Reutter
  10. Fifth Circuit: District Court Erred in Finding That a Fourth Amendment Stop Did Not Occur, by Harold Hempstead
  11. Massachusetts Supreme Judicial Court: Ineffective Assistance of Counsel Where Trial Counsel Believed, Erroneously, He Had Ethical Duty to Tell Prosecution Location of Key Incriminating Evidence Not in Counsel’s Possession, by Douglas Ankney
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  13. Police Find It Easier to Influence Public Opinion Than to Protect and Serve, by Benjamin Tschirhart
  14. Tenth Circuit: Unreasonable Determination of Downward Variance of Guidelines Resulted in Plain Error, by David Reutter
  15. Ninth Circuit Suppresses Evidence as Fruit of the Poisonous Tree Where Officer Lacked Probable Cause to Arrest Man Who Displayed Handgun in Open Carry State, by Douglas Ankney
  16. California Court of Appeal Announces the People Are Not Entitled to Have Privately Retained Psychological Expert Testify at Trial of SVPA Petition, by Douglas Ankney
  17. Connecticut Supreme Court Announces ‘John Doe’ Warrant Based on Suspect’s General Description and Partial DNA Profiles, Which May or May Not Include Suspect’s DNA, Fails to Satisfy ‘Particularity Requirement’ of Fourth Amendment, by Douglas Ankney
  18. Tenth Circuit: Prisoner Convicted of Covered Drug Offense but Sentenced to Mandatory Life Sentence Via Cross Reference for Murder Under Pre-Booker Guidelines Has Standing to Request First Step Act Sentence Reduction, by Douglas Ankney
  19. NYC: The First DNA Gun Crimes Unit in America, by Harold Hempstead
  20. Sixth Circuit: Unarmed Bank Robber Who Ordered Tellers to Get on the Floor Not Subject to Enhancement for Physical Restraint, by Matthew Clarke
  21. Traditional Forensic Ballistics Comparisons Giving Way to Virtual 3D Methods, by Casey Bastian
  22. The National Registry of Exonerations 2021 Annual Report: 161 Exonerations Comprising 1,849 Years of Wrongful Imprisonment, by Casey Bastian
  23. Massachusetts Supreme Judicial Court Ends Practice of Juvenile Courts Granting Continuances for Sole Purpose of Extending Delinquent’s Period of Detention, by Douglas Ankney
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  25. Review of Prior Research Identifies Three Main Sources of Bias in Jury Decision-Making Processes, by Casey Bastian
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