by Dale Chappell
Citing a sentencing error from 27 years ago, the U.S. District Court for the District of Massachusetts granted compassionate release to a man serving a life sentence for a 1991 car bombing that killed a Boston police officer and injured another. In a thoroughly-detailed opinion, the Court ...
by Dale Chappell
New Jersey Governor Phil Murphy commemorated the inaugural federal Juneteenth holiday on June 18, 2021, by signing into law the Fair Chance in Housing Act (“FCHA”), prohibiting landlords from requesting someone’s criminal history on a housing application.
Called the “Ban the Box” law by advocates, the FCHA ...
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 ...
by Dale Chappell
The U.S. Court of Appeals for the Seventh Circuit joined most other circuits and held that Hobbs Act robbery does not meet the definition of “crime of violence” to allow a sentencing court to apply the career offender enhancement under the Guidelines. The Court also addressed that ...
by Dale Chappell
The Supreme Court of the United States (“SCOTUS”) held on April 22, 2021, that a sentencing court may impose life without parole (“LWOP”) on a juvenile without making a finding of incorrigibility on the record, as long as the sentencing judge has discretion to impose a lower ...
by Dale Chappell
In a case that further narrowed the problematic Armed Career Criminal Act (“ACCA”), the Supreme Court of the United States (“SCOTUS”) held on June 10, 2021, that a “violent felony” under the ACCA requires the use of force targeted against a person, not merely reckless conduct resulting ...
by Dale Chappell
The Supreme Court of Kansas upheld the dismissal of a defendant’s convictions after the district court found several instances of ineffective assistance of counsel (“IAC”), including an actual conflict of interest and the State’s failure to preserve an issue for appeal, forfeiting that issue.
After Emmanuel Ellie ...
by Dale Chappell
Prisoners get just one year to file a habeas petition in federal court after their direct appeals have been exhausted. Montana prisoners, though, have two avenues to challenge their sentence. On May 6, 2021, the U.S. Court of Appeals for the Ninth Circuit held that while challenging ...
by Dale Chappell
In a case that received much attention in the compassionate release arena, the U.S. Court of Appeals for the Tenth Circuit held on April 1, 2021, that it is ultimately the district court that holds the authority to determine what would amount to “extraordinary and compelling reasons” ...
by Dale Chappell
Winning in federal habeas corpus comes down to whether the record either supports or forecloses your claims. Your goal is to develop the record with arguments and evidence that are not in the current criminal record and that show you are entitled to relief. The government’s goal ...
