by Dale Chappell
The U.S. Court of Appeals for the Eleventh Circuit held that a Georgia prior conviction for making terroristic threats is not a violent felony under the Armed Career Criminal Act (“ACCA”), clarifying its prior cases that had seemingly held that it was.
The case was a direct ...
by Dale Chappell
Even though we’ve passed the one-year anniversary of the First Step Act over a month ago, the portion of the bill giving federal prisoners more earned-time credits for completing certain programs is still on the distant horizon and, when it finally does begin, many prisoners will not ...
by Dale Chappell
Attacking the guilty plea is probably one of the least understood concepts in the postconviction world, even though more than 95 percent of state and federal convictions are the direct result of a guilty plea. In 2018 alone, there were 73,109 federal convictions with 71,550 of them ...
by Dale Chappell
The U.S. Court of Appeals for the Fourth Circuit held on November 20, 2019, that the retroactive application of the Fair Sentencing Act of 2010 (“FSA”) by the First Step Act applies to those who are serving a sentence after a revocation of supervised release linked to ...
by Dale Chappell
The U.S. Court of Appeals for the Fourth Circuit held on November 20, 2019, that a less familiar provision of 18 U.S.C. § 3582 is the proper vehicle for bringing a motion for relief under the First Step Act, rejecting the district court’s conclusion that First Step ...
by Dale Chappell
The U.S. Court of Appeals for the Fifth Circuit held that the U.S. Supreme Court’s recent decision in United States v. Davis, 139 S. Ct. 2319 (2019), declaring another residual clause unconstitutional is retroactive and further held that a conspiracy to commit a crime could not support ...
by Dale Chappell
I have to admit that the idea of a citebook in the age of searchable databases was a little lost on me. “Who needs a citebook these days,” I would say. But then Richard, managing editor at CLN, asked me to take a look at a new ...
by Dale Chappell
The Supreme Court of Montana held that the state’s automatic and mandatory fine of 35 percent of the market value of the drugs in a drug-offense conviction is facially unconstitutional, because it doesn’t allow a court to consider the nature of the crime, the defendant’s ability to ...
by Dale Chappell
Denmark recently released dozens of prisoners after more than 10,000 convictions based on evidence derived from faulty software put people in prison for crimes they didn’t commit.
The problem was with the software used by law enforcement, which used cell-site location information (“CSLI”) to establish that a ...
by Dale Chappell
The U.S. Court of Appeals for the Ninth Circuit held on November 29, 2019, that evidence obtained by the district court at a hearing on whether state postconviction counsel was ineffective could be used in order to grant habeas corpus relief, despite the ban on evidentiary hearings ...
