by Dale Chappell
The Supreme Court of Pennsylvania held on January 22, 2020, that the retention of a person’s identification card by law enforcement constituted a “seizure” under the U.S. Constitution, triggering the protections of the Fourth Amendment’s prohibition on unreasonable seizures.
The case came before the Court after Harold ...
by Dale Chappell
In a case that reiterated the limits a federal sentencing judge may consider at sentencing, the U.S. Court of Appeals for the Third Circuit held that when a sentencing judge relies on “bare” arrest records in a defendant’s criminal history to justify imposing a higher sentence, it ...
by Dale Chappell
The U.S. Court of Appeals for the Seventh Circuit held on February 12, 2020, that a brain injury resulting from a stroke may be an “extraordinary circumstance” that could allow “equitable tolling” of the one-year clock for filing a petition for habeas corpus.
DeWayne Perry filed a ...
by Dale Chappell
The U.S. Court of Appeals for the Sixth Circuit adopted a “naked eye test” in holding that a firearm’s serial number is not “altered or obliterated” for a sentencing enhancement if a person must “squint” to view the number, but it’s still readable, overturning a district court’s ...
by Dale Chappell
If Kim Kardashian’s efforts to help people get released from prison were just a stunt, as some said, then she’s become a full-time stuntwoman in her own right. This past October, Kardashian helped yet another prisoner – a man who had been locked up nearly 23 years ...
by Dale Chappell
A recent Penn State University study confirmed that negative perceptions of immigration and immigrants have affected sentencing in geographic areas not traditionally known for being destinations for immigrants.
Prior to the 1990s, Hispanics traditionally immigrated to areas like California, Florida, and Texas. But since then, they have ...
by Dale Chappell
The Supreme Court of Vermont rejected a trial court’s order that a misdemeanor defendant had to be fingerprinted merely because the State participates in a national crime database. The Court said such a rule created an impermissible “blanket rule” that the law does not require.
Timothy Grant ...
by Dale Chappell
The Supreme Court of Mississippi held on January 9, 2020, that a pre-arming jury instruction was wrongfully given in a shooting death case and further held that no court in the state may ever again issue a pre-arming instruction to a jury preventing a self-defense with a ...
by Dale Chappell
The U.S. Court of Appeals for the Second Circuit held in forma pauperis (“IFP”) “motions on direct criminal appeals are not subject to a merits determination under [28 U.S.C.] Section 1915.” The Court explained that this rule “ensures that all financially eligible defendants—whether granted CJA [Criminal Justice ...
by Dale Chappell
Thousands of federal prisoners were sent home early. Scores of unfair drug sentences were reduced. Barbaric criminal laws were finally fixed. Federal prisoners were offered more drug treatment and release preparation.
These are some of the things achieved by the First Step Act passed a year ago ...
