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First Circuit: Sentencing May Not Be Based Upon Unreliable Hearsay Testimony
Loaded on Aug. 1, 2024
by Anthony Accurso
published in Criminal Legal News
August, 2024, page 25
Filed under:
U.S. Sentencing Guidelines,
Unreliable and Unsubstantiated Assertions,
Hearsay Evidence.
Location:
Puerto Rico.
by Anthony W. Accurso
The U.S. Court of Appeals for the First Circuit remanded a defendant’s case for resentencing after ruling that the U.S. District Court for the District of Puerto Rico relied on impermissible hearsay evidence, which served as a factor at sentencing for his revocation and new charge. ...
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More from this issue:
- Demonstrable Remorse, Psychiatric Diagnoses, and Alternatives to Incarceration, by Casey Bastian
- New Mexico Supreme Court Revises Rules Governing Pretrial Release, by Douglas Ankney
- SCOTUS Announces Existence of Probable Cause for One Charge in Criminal Proceeding Does Not Categorically Defeat Fourth Amendment Malicious-Prosecution Claim Relating to Another Baseless Charge, by Sam Rutherford
- Down with Big Brother: Warrantless Surveillance Makes a Mockery of the Constitution, by Nisha Whitehead, John W. Whitehead
- First Circuit: District Court’s One-Sentence Explanation for 10-Year Upward Departure From Sentencing Guidelines Range Insufficient to Justify Significant Variance, by Sam Rutherford
- After California Cops Kill Someone, They Probe Families for Information on Deceased Before Telling Them Their Loved One Is Dead, by Douglas Ankney
- SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’, by Sam Rutherford
- SCOTUS: Jury, Not Judge, Must Determine Whether Defendant’s Prior Offenses Were Committed on ‘Occasions Different From One Another’ for Enhanced Sentence Under Armed Career Criminal Act, by Sam Rutherford
- FBI Encourages Use of Controversial Surveillance Program Despite Misuse, by Jo Ellen Nott
- Texas Man Exonerated by DNA Evidence After 25 Years of Maintaining His Innocence, by Jo Ellen Nott
- Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, by Douglas Ankney
- Nevada Supreme Court Announces District Courts Have No Discretion to Deny Motion to Set Aside Judgment of Conviction Filed by Statutorily Qualified Defendants Under NRS 176A.240(6)(a), by Douglas Ankney
- Don’t Stand Too Close to First Responders Under New Florida Law, by Douglas Ankney
- First Circuit: Sentencing May Not Be Based Upon Unreliable Hearsay Testimony, by Anthony Accurso
- California Supreme Court: Presence in High Crime Area and Desire to Avoid Contact With Police Does Not Amount to Reasonable Suspicion Justifying Detention for Suspected Criminal Activity, by Sam Rutherford
- College and Post-Carceral Job Searches, by Michael Thompson
- Kansas Supreme Court Severs ‘Noisy Conduct’ Law as Unconstitutionally Overbroad, by David Reutter
- Big Money and Massive Surveillance: The Finance Industry’s Partnership With Federal Law Enforcement, by Douglas Ankney
- Researchers Discover Wire-Cutting Evidence Is Too Unreliable for Court, by Douglas Ankney
- For Signal, Privacy Is Not Merely a Buzzword, by Michael Thompson
- Dozens of Prisoners in Colorado Notified About Potential Compromised DNA Evidence
- Minnesota Sex Offender Program: The Indefinite Detention of the Reviled, by Casey Bastian
- Louisiana Supreme Court Finds Prosecution Withheld Favorable Impeachment and Exculpatory Evidence in Violation of Brady, by Matthew Clarke
- Dogs Are Sniffing Out Electronics, by Michael Thompson
- False or Misleading Forensic Evidence Plays an Oversized Role in Wrongful Convictions, by Jo Ellen Nott
- Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary, by David Reutter
- The Prosecutor and the Snitch Ring, by Jordan Smith, Liliana Segura
- News in Brief
- Bluetooth Surveillance Tool Added to List of Known Cache of DHS’ Surveillance Technology, by Douglas Ankney
More from Anthony Accurso:
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025
- Studies Link Incarceration with Lower Cancer Survival Rates—For Prisoner’s Partners, Too, May 1, 2025
- ACLU Sues BOP Over Failure to Implement First Step Act Release Credits, May 1, 2025
- Federal Government Circumventing Fourth Amendment by Buying Data From Data Brokers, April 15, 2025
- Crowdsourcing a Map to Track License Plate Surveillance, April 15, 2025
- D.C. Police Continue Heavy Investment in Social Media Monitoring, April 15, 2025
- $7.15 Million for Oklahoma Prisoner Exonerated After Nearly 50 Years, April 1, 2025
- North Carolina Reimburses Prisoner $2,500 for Law Books Destroyed by Guards, April 1, 2025
- Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, April 1, 2025
- $250,000 Settlement But No Charges After Alabama Guards Beat Prisoner To Death, April 1, 2025
More from these topics:
- 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.
- Maryland Supreme Court Clarifies Process for Admitting Co-Conspirator’s Hearsay Statements During Police Interview Under ‘Declaration Against Penal Interest’ Exception, Trial Court Must ‘Parse’ Interview to Determine Admissibility of Each Statement, Feb. 1, 2025. Standard of Review, Police Interrogations, Evidence - Admissibility, Hearsay Evidence, Co-conspirator Statements.
- The Murky Waters of Parole, Feb. 1, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release.
- Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires, Jan. 15, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Resentencing, Revocation Proceedings, Overreaching.
- After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, Jan. 15, 2025. U.S. Sentencing Guidelines, Conspiracies, Attempts, Solicitations, Attempts/Incomplete Acts, Credits, Sentences - Adjustments and Departures.
- Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation, Dec. 15, 2024. U.S. Sentencing Guidelines, Revocation Proceedings.
- California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment, Dec. 15, 2024. Retroactivity, U.S. Sentencing Guidelines.
