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Articles by Dale Chappell

The Federal Habeas Corpus: Government’s Response and Your Reply

After working hard to set out the claims in your federal habeas corpus petition, along comes the person having custody over you and files a response in court that recharacterizes your claims and makes you look like someone who needs to spend the rest of his life ...

The Many Roads to Relief Under Borden

In yet another case, the Supreme Court of the United States (“SCOTUS”) whittles away at the Armed Career Criminal Act (“ACCA”), this time narrowing what qualifies as a “violent felony” to impose the harsh 15-year minimum penalty for possessing a firearm as a felon.

On June 10, ...

FBI Subpoenas Media Outlets for Information on Readers of Stories Criticizing Government

The Federal Bureau of Investigation (“FBI”) recently subpoenaed USA Today seeking information on readers of a story about a botched FBI raid in Florida that killed two agents and wounded three other agents. It asked the news outlet to keep the subpoena quiet, but instead, the newspaper ...

Refusing Cop's Request for ID Wasn't Cause for Arrest

by Dale Chappell

 

A Stafford County, Virginia, ordinance requiring someone to show their ID to a police officer if requested did not allow an arrest if the person refused to show his ID. That was the court's conclusion in a federal lawsuit filed after a Stafford County Sheriff's Deputy ...

U.S. District Court Grants Compassionate Release Based Entirely on Nearly Three-Decade-Old Sentencing Error, Reduces Life Sentence

Fourth Circuit: Appeal Waiver Does Not Bar Challenge to Special Conditions Not Orally Pronounced in Open Court

by Dale Chappell

The U.S. Court of Appeals for the Fourth Circuit held that a challenge to non-mandatory conditions of supervised release that were not orally pronounced in open court with the defendant present is not barred by an appeal waiver in a plea agreement.

When the U.S. District Court ...

New Jersey Governor Celebrates Juneteenth by Signing ‘Ban the Box’ Into Law

Called the “Ban the Box” law by advocates, the FCHA ...

Seventh Circuit Holds Hobbs Act Robbery Not ‘Crime of Violence’ for Career Offender Enhancement, Likely IAC for Not Anticipating Outcome

SCOTUS Holds LWOP for Juveniles Does Not Require Finding of Incorrigibility

SCOTUS Announces ACCA ‘Violent Felony’ Requires Knowing Use of Force, Not Mere Reckless Conduct

 

 

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