Skip navigation
CLN bookstore

Articles by Dale Chappell

Sixth Circuit: Michigan’s Ordinarily ‘Adequate’ Contemporaneous-Objection Rule, in Unique Circumstances, May Not Procedurally Bar Federal Habeas Review

by Dale Chappell 

The U.S. Court of Appeals for the Sixth Circuit held that Michigan’s contemporaneous-objection rule, requiring an objection to an error in the trial court even if the error is unknown at the time to defendant and counsel, is not an adequate state rule to procedurally bar a ...

Eighth Circuit Reiterates Statute of Conviction Determines Eligibility for Sentence Reduction Under First Step Act, Not Actual Conduct

by Dale Chappell

The U.S. Court of Appeals for the Eighth Circuit reiterated that it is the statute of conviction that determines First Step Act relief under the retroactive application of the Fair Sentencing Act of 2010 (“FSA”), not the defendant’s actual conduct or drug amount involved.

The case came ...

Sixth Circuit Vacates Sentence for Impermissible Triple-Counting of Guidelines Enhancements for Ungrouped Offenses

by Dale Chappell

The U.S. Court of Appeals for the Sixth Circuit held that enhancements under the U.S. Sentencing Guidelines (“USSG”) that were applied to all three counts of conviction that were ungrouped were impermissible triple counting, and contradicted the intent of the Guidelines’ grouping instructions.

Jermaine Clark committed three ...

Sixth Circuit Announces District Court Has Power to Waive Interest on Restitution Post-Sentencing, Resulting in Circuit Split

by Dale Chappell

Acknowledging a circuit split on the issue, the U.S. Court of Appeals for the Sixth Circuit held that district courts have the authority to waive interest on restitution post-sentencing.

Edmund Phillips was nearing release and filed a motion in the U.S. District Court for the Western District ...

Third Circuit Rules Pennsylvania Courts’ Application of Federal Law Objectively Unreasonable, Overturns Conviction and Death Sentence, Grants Habeas Relief

by Dale Chappell

The U.S. Court of Appeals for the Third Circuit affirmed the grant of habeas corpus relief to a death-sentenced defendant based on the fact the state courts’ application of the governing federal law was objectively unreasonable regarding the defendant’s Sixth Amendment choice-of-counsel right.

It wasn’t that Samuel ...

Eleventh Circuit: Georgia Aggravated Assault with a Deadly Weapon Only Requires Mens Rea of Recklessness Thus Not a ‘Violent Felony’ Under ACCA

by Dale Chappell 

The U.S. Court of Appeals for the Eleventh Circuit held that because the defendant was convicted of an aggravated assault with a deadly weapon in Georgia under a statute that could be violated with a mens rea of mere reckless conduct, it could not qualify as a ...

Minnesota Police Hand Out ‘Not-Reaching’ Pouches to Reduce Police Shoot-ings of Motorists

by Dale Chappell

Any proactive measure to cut down on cops shooting motorists is a good step in the right direction. At first glance, what the Minnesota Department of Public Safety (“MDPS”) is doing sounds like a great idea. They’re handing out pouches that motorists can use to store their ...

How Cops Use Copyright Laws to Prevent the Public from Recording Their Bad Acts

by Dale Chappell

It’s a disturbing trend, but one that’s very effective. Cops have been playing copyrighted music during encounters with people, in an attempt to prevent them from recording and posting video of the encounter to popular video-sharing social media sites.

Here’s how it works. “I am playing my ...

The AEDPA: A Forgotten Catalyst in Mass Incarceration

by Dale Chappell

When we talk about things that fuel mass incarceration, the Antiterrorism and Effective Death Penalty Act (“AEDPA”) is rarely considered as one of the causes for the over-incarceration of U.S. residents. But take a closer look, and you’ll see that the AEDPA has played an integral role ...

U.S. Sentencing Commission Creates New Sentencing Tool for Judges

by Dale Chappell

The U.S. Sentencing Commission (“USSC”) recently created a new tool for federal judges that will let them compare sentences for similar defendants under specific guidelines to help “guide” them on what sentence may be appropriate for an offense. It’s also a valuable tool for the public in ...



Prison Profiteers - Side
Advertise Here 3rd Ad
PLN Subscribe Now Ad