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Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill

Loaded on Nov. 1, 2023 by Douglas Ankney published in Criminal Legal News November, 2023, page 40
Filed under: Murder/Felony Murder, Unreasonable Application of Clearly Established Federal Law, Motive/Opportunity/Intent/Identity Evidence. Location: Oklahoma.

by Douglas Ankney

The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the Western District of Oklahoma erred in applying United States Sentencing Guideline (“U.S.S.G.”) § 2A2.1(a)(2) without a specific finding of an intent to kill.

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  1. Your Car Is Spying on You, by Michael Thompson
  2. People of Maine at Forefront of Battle to Keep Government Security Apparatus in Check, by Douglas Ankney
  3. A Nation of Snitches: DHS Is Grooming Americans to Report on Each Other, by Nisha Whitehead, John W. Whitehead
  4. Montana Supreme Court: Retroactive Application of Montana’s Sex Offender Registration Law, as Amended Since 2007, Violates Ex Post Facto Clause of State Constitution, by Douglas Ankney
  5. Checking In With Community Supervision, by Anthony Accurso
  6. New Jersey Takes First Steps in Eliminating Public Defender Fees, by Jordan Arizmendi
  7. Ninth Circuit: Younger Abstention Doctrine Inapplicable Where Habeas Petitioner Seeks Stay While § 1172.6 Petition in State Court Being Litigated and Petitioner Entitled to Stay of Habeas Proceedings While State Petition Pending, by Douglas Ankney
  8. Advent of ‘Green’ Ammunition Prompts Forensic Science to Analyze Organic and Inorganic Gunshot Residue and Establish Benchmarks for CSI, by Jo Ellen Nott
  9. Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, by Richard Resch
  10. Michigan Supreme Court Holds Guilty Plea Cannot Be ‘Voluntary and Knowing’ When Induced by Inaccurate Understanding of Minimum and Maximum Prison Sentence, by David Reutter
  11. Study Reveals Important Details About iPhone’s Building Level Registration Reliability, by Jo Ellen Nott
  12. California Supreme Court Clarifies Harmless-Error Analysis of Alternative-Theory Error, Reverses and Remands Where Court of Appeal Applied Incorrect Standard, by Douglas Ankney
  13. Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim, by Douglas Ankney
  14. 10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm, by Anthony Accurso
  15. Study: ‘Inconclusive Finding’ by Examiner of Cartridge Casing Should Be Finding of ‘Excluded’ 85% of the Time, by Douglas Ankney
  16. Facial Recognition Software Gives Unreliable Results with Black Individuals and Leads to Unlawful Arrests, by Jo Ellen Nott
  17. ICE Employees Caught (Again) Misusing Access to Databases, by Jordan Arizmendi
  18. Fourth Circuit: Evidence Suppressed Where Officers Seized Defendant Without Reasonable Suspicion and Forced Him to Prove He Was Not Armed, by Anthony Accurso
  19. Electrocution by Taser Is Not Death From Excited Delirium, by Douglas Ankney
  20. New Jersey Supreme Court Announces Presumption in Favor of In-Person Interpreter for Criminal Trials and Issues Guidelines for Use of Video Remote Interpreting, by Matthew Clarke
  21. Sheep and Sheepdogs: Use and Abuse of Non-Lethal Crowd Control Weapons, by Benjamin Tschirhart
  22. Arizona Attorney General Settles Lawsuit, Agrees to Toss Unconstitutional Law Banning the Recording of Cops, by Jo Ellen Nott
  23. Fourth Circuit Vacates Denial of First Step Act Relief Where Record Unclear Whether District Court Considered All Nonfrivolous Arguments Raised by Defendant, by Douglas Ankney
  24. Sixth Circuit: Plain Error Where District Court Required Defendant at Resentencing to Admit Guilt in Order to Fully Consider Defendant’s Evidence of Rehabilitation, by Douglas Ankney
  25. Colorado’s Amendments to Post-Conviction DNA Testing Statute Allows Greater Number of Affected Persons to Seek Testing, by Douglas Ankney
  26. Gunshot Detection Technology Continues to Acquire New Business Despite Major Clients Dropping Contracts and Researchers Questioning Its Effectiveness, by Jo Ellen Nott
  27. Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill, by Douglas Ankney
  28. Computing Fear in Black and Brown Communities, by Michael Thompson
  29. DOJ Concludes Louisville Police Engaging in Patterns of Unconstitutional Conduct, by Douglas Ankney
  30. ICE Tramples Over the Judicial System, by Jordan Arizmendi
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  32. Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding, by Douglas Ankney
  33. West Virginia Supreme Court Announces in the Absence of a Deadline, Trial Court Must Permit Defendant to Stipule to Prior Conviction During Trial, by Douglas Ankney
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  35. Three’s a Crowd: Issues of DNA Mixture Analysis and Interpretation, by Eike Blohm, MD
  36. New Mexico Supreme Court Announces Trial Courts Retain Common Law Jurisdictional Authority to Correct Illegal Sentences, Allows Defendant to Withdraw Plea After Sentence Correction Involving Additional Parole Time, by Anthony Accurso
  37. News in Brief

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