Skip navigation

Articles by Dale Chappell

Qualified Immunity Driven by Irrational Fear of Cops Being Held Personally Liable

by Dale Chappell

The fear that a police officer would be held personally responsible, should he be sued because of his actions in the line of duty, is nothing short of irrational and unfounded, a May 2021 article in reason.com concluded. This fear is what has driven the U.S. Supreme ...

Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility

by Dale Chappell

The U.S. Court of Appeals for the Tenth Circuit held that a district court is authorized to correct an erroneous career offender enhancement when a defendant qualifies for relief under the First Step Act, joining other circuits which have held the same.

The appeal came after Wallace ...

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

The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Eastern District of North Carolina must recalculate the U.S. Sentencing Guidelines (“USSG”) sentencing range in a case where the district court claimed that it would still impose the same sentence, ...

"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

The U.S. Court of Appeals for the Sixth Circuit held that a witness’ edited statement from a prior trial, saying that she feared going back to jail if she didn’t say what she thought the judge wanted her to say which tainted the first trial, violated the ...

Seventh Circuit Finds Lack of Evidence, Grants Habeas Relief, and Orders ‘Immediate Release’

by Dale Chappell

In a rare case, the U.S. Court of Appeals for the Seventh Circuit granted habeas corpus relief to a state prisoner after finding that the State’s evidence was lacking and the state court was “not just wrong, but unreasonable, in holding otherwise.”

In 2001, two individuals rushed ...

Ninth Circuit: IAC Under Strickland Satisfies Rhines’ ‘Good Cause’ Standard to Stay Federal Habeas Petition, Allowing Exhaustion of State Court Remedies

by Dale Chappell

Finding that the U.S. District Court for the District of Nevada applied the incorrect standard in denying a state prisoner’s request to stay his federal habeas petition while he returned to state court to exhaust his state post-conviction remedies, the U.S. Court of Appeals for the Ninth ...

Seventh Circuit: Prosecutor’s Comments Not Supported by Evidence Denied Defendant Fair Trial, Affirms Habeas Relief

by Dale Chappell

The U.S. Court of Appeals for the Seventh Circuit held that a prosecutor’s closing comments about the State’s own witness were so harmful to the defendant that it affirmed the U.S. District Court for the Northern District of Illinois’s grant of habeas corpus relief in a murder ...

Federal Judge: ‘Offense of Conviction’ Under Guidelines Excludes Relevant Conduct for Sentencing

by Dale Chappell

In a case where a defendant admitted to selling drugs that previously led to an overdose-death but was only convicted of selling drugs that did not result in a death, the U.S. District Court for the Southern District of West Virginia held in a published sentencing decision ...

Seventh Circuit: Cronic Doesn’t Provide Exclusive Situations for its Application, Finds Attorney Abandonment at Sentencing Despite Counsel Being Physically Present

by Dale Chappell

In a case where a defendant’s lawyer was present at sentencing but did “absolutely nothing” to help him, the U.S. Court of Appeals for the Seventh Circuit granted habeas corpus relief to an Indiana state prisoner, ruling that attorney abandonment does not always mean that the attorney ...

First Step Act Knocks Corrupt Baltimore Officers' Sentences from 454 Years to 20

by Dale Chappell

Two former Baltimore police officers sentenced to a combined 454 years in federal prison had their sentences reduced to just 20 years each in May after their sentencing judge agreed that the First Step Act authorized a reduced sentence in light of their stacked gun sentences.

William ...

 

 

Prison Phone Justice Campaign
Advertise Here 4th Ad
The Habeas Citebook: Prosecutorial Misconduct Side