by Dale Chappell
In 2017, the U.S. Supreme Court overturned the death sentence of Duane Buck, a Black man who was painted by an expert at trial as more dangerous and deserved to die simply because he was Black. The Court held that “some toxins can be deadly in small ...
by Dale Chappell
With the countless ways the government can collect data on you, the Electronic Frontier Foundation (“EFF”) has introduced three new tools to help you identify what technologies are being used by government agencies to watch you. The tools are free to use and do not collect any ...
by Dale Chappell
Touted as a convenient way to monitor who’s at your front door, internet-enabled doorbell cameras send alerts to users’ cellphones where they can view the camera footage in real-time from a remote location. It’s a great way to record and report suspected activity, the device makers say. ...
by Dale Chappell
For the first time since 1862, the U.S. Supreme Court has decided a record low number of regular-docket cases – just 52. But that doesn’t mean the highest court in the land wasn’t busy. In fact, it was busier than ever, handing down decisions under the cover ...
by Dale Chappell
The Court of Appeal of California, Third Appellate District, granted habeas relief on April 3, 2020, in a case where appellate counsel failed to request a jury instruction that could have led to a lesser included conviction, requiring the vacatur of a murder conviction.
Jonathan Hampton filed ...
by Dale Chappell
The art of withdrawing a guilty plea comes down to which phase of the criminal proceeding the guilty plea is at when the motion to withdraw is filed. The phases are: (1) prior to it being accepted by the court, (2) after acceptance but before sentencing, and ...
by Dale Chappell
The U.S. Court of Appeals for the Fourth Circuit ruled that a prisoner immediately released under the First Step Act of 2018 could not “bank” the extra time spent in prison toward a future prison sentence imposed in the event of a supervised release revocation.
While the ...
by Dale Chappell
When a prisoner uses his one good shot at habeas corpus relief in federal court, it can be disheartening when the law that foreclosed relief changes after the case has been closed.
The U.S. Court of Appeals for the Ninth Circuit has clarified when Federal Rule of ...
by Dale Chappell
The Supreme Court of California, on July 20, 2020, established a new time limit for filing subsequent habeas corpus petitions in state courts that clarifies when a state petition is “pending” to toll the harsh one-year clock for filing a habeas petition in federal court.
Almost nine ...
by Dale Chappell
The U.S. Court of Appeals for the Eleventh Circuit publishes more orders denying “second or successive” habeas corpus petitions (“SOS applications”) than any other Circuit, and it then uses those published cases against every litigant who comes before the court, even those on direct appeal. The practice ...
