by Dale Chappell
Citing the First Step Act’s purpose of correcting the racial disparities under the severe crack cocaine sentences handed out for decades, the U.S. Court of Appeals for the District of Columbia held on December 29, 2020, that the U.S. District Court for the District of Columbia’s reasons ...
by Dale Chappell
Settling issues of habeas corpus jurisdiction that have been less than clear in previous cases, the U.S. Court of Appeals for the Seventh Circuit held on February 12, 2021, that a district court retains jurisdiction when a habeas petitioner moves to a prison outside the court’s district ...
by Dale Chappell
The U.S. Court of Appeals for the Fourth Circuit held on January 22, 2021, on a direct appeal, that a total ban on any employment unless authorized by probation was “overly broad” and delegated too much authority to probation, vacating the supervised release condition and remanding for ...
by Dale Chappell
Rarely may a federal court intrude on a criminal case in state court, unless there’s a chance of “irreparable harm” if the court doesn’t intervene. World Famous Drinking Emporium, Inc. v. City of Tempe, 820 F.2d 1079 (9th Cir. 1987). On January 20, 2021, the U.S. ...
by Dale Chappell
The Institute for Justice announced in its latest Policy for Profit report that Massachusetts was the only state in the country to earn an “F” because of its unfair civil forfeiture laws. One reason is that the state doesn’t have a time limit for when it must ...
by Dale Chappell
The Supreme Court of Ohio held that applying a harsher version of the state’s sexually violent predator law (“SVP”) retroactively to criminal conduct that occurred prior to that newer version violates the Ex Post Facto Clause of U.S. Constitution.
In 2017, Albert Townsend was indicted on numerous ...
by Dale Chappell
The Court of Appeal of California, Fourth Appellate District, held that the lack of adequate notice of a time limit to challenge an erroneous placement on parole violates due process.
The error occurred when Bryant Ruiz was released from prison and the California Department of Corrections and ...
by Dale Chappell
Because the law ambiguously provides that a court must impose the “maximum term” for a prison sentence for someone convicted as a “habitual criminal,” the Massachusetts Supreme Judicial Court, applying the rule of lenity, held that the lack of any language excluding probation thus allows a court ...
by Dale Chappell
Criminal cases are often riddled with errors. Judges err, prosecutors err, and of course defense lawyers are far from perfect. But when it comes to federal habeas corpus, not all errors are worth raising. Perhaps the most challenging part to federal habeas corpus may be identifying claims ...
by Dale Chappell
In a case broadening the scope of relief for crack cocaine offenders under the First Step Act, the U.S. Court of Appeals for the Seventh Circuit held on December 7, 2020, that all three provisions under 21 U.S.C. § 841 dealing with crack cocaine were “modified” by ...
