by Dale Chappell
In a case that hinged on the time of death to convict the defendant, the Supreme Court of California granted habeas corpus relief where defense counsel failed to obtain an expert to testify on the time of death.
In 2005, Kimberly Long was convicted of second-degree murder ...
by Dale Chappell
In a question of first impression, the U.S. Court of Appeals for the Eighth Circuit vacated an enhanced sentence that was based on the “use of a minor to commit a crime” provision under U.S. Sentencing Guidelines (“U.S.S.G.”) § 3B1.4, where the defendant merely purchased a firearm ...
by Dale Chappell
In a case where the Government failed to prove that firearm enhancements applied at sentencing, the U.S. Court of Appeals for the Sixth Circuit ruled that the U.S. District Court for the Western District of Tennessee was required to take a fresh look at the case and ...
by Dale Chappell
The U.S. Court of Appeals for the Eleventh Circuit held on December 9, 2020, that as long as one of the drugs in a multidrug offense involved crack cocaine, the offense still qualifies as a “covered offense” for the First Step Act’s retroactive crack sentence reductions.
It ...
by Dale Chappell
In a case reiterating the Court’s hard rule that every claim must be addressed in a habeas petition before it is disposed, the U.S. Court of Appeals for the Eleventh Circuit held on November 13, 2020, that the U.S. District Court for the Northern District of Alabama’s ...
by Dale Chappell
In a decision highlighting the deference to state court decisions under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), the Supreme Court of the United States held on December 14, 2020, that the U.S. Court of Appeals for the Ninth Circuit failed to give a state court ...
by Dale Chappell
The U.S. Court of Appeals for the Ninth Circuit held on September 17, 2020, that the Supreme Court’s ruling adding a “knowing” element to a statute requires automatic dismissal of an indictment that lacked that element.
The case came before the Court after Omar Qazi was charged ...
by Dale Chappell
The U.S. Court of Appeals for the Third Circuit held that defense counsel provided ineffective assistance of counsel (“IAC”) for failing to object to jury instructions that relieved the prosecution of its burden to prove that a defendant intended for his friend to kill someone in order ...
by Dale Chappell
The U.S. Court of Appeals for the Eighth Circuit affirmed the grant of habeas corpus relief on December 18, 2020, agreeing that the Arkansas Supreme Court wrongly denied a defendant’s right to represent himself at trial.
Elliott Finch repeatedly told the state trial court that he wanted ...
by Dale Chappell
In a case where state prosecutors delayed retrying a defendant after his conviction was vacated, the Supreme Court of Louisiana held that the State’s delay violated the speedy trial rules and vacated the murder conviction again.
After Nicholas Revish was convicted of second-degree murder and attempted murder ...
