by Douglas Ankney
In resolving a split among the Courts of Appeal, the Supreme Court of California unanimously held that defendants who agreed to upper term sentences as part of plea bargains may seek the retroactive benefit of amended Penal Code § 1170, subdivision (b), which requires that …
by Douglas Ankney
The Supreme Court of Michigan unanimously held that its prior decision in People v. Betts, 968 N.W.2d 497 (Mich. 2021), applies retroactively to defendants seeking relief on collateral review under both federal and state constitutional law. Betts declared the 2011 version of Michigan’s Sex Offenders …
by Douglas Ankney
The Supreme Court of South Carolina unanimously reversed the denial of Richard Alexander Murdaugh’s motion for a new trial and remanded for a new trial after his convictions for murdering his wife and son and for two weapons offenses, holding that improper communications by Colleton …
by Douglas Ankney
The United States Court of Appeals for the Fifth Circuit held as an issue of first impression that offenses prosecuted under the Assimilative Crimes Act (“ACA”), 18 U.S.C. § 13, are not subject to the enhanced supervised release terms established by 18 U.S.C. § 3583(k) …
by Douglas Ankney
The Court of Appeal of California, Sixth District, held that a police officer’s decision to impound a vehicle pursuant to the Vehicle Code solely to prevent the driver from continuing to drive on a suspended license does not satisfy the community caretaking function required under …
by Douglas Ankney
In a unanimous opinion, the United States Court of Appeals for the Sixth Circuit held that when a District Court predetermines a supervisee’s revocation term of imprisonment at an earlier violation hearing, by committing in advance to impose a specified sentence for any future violation, …
by Douglas Ankney
In a unanimous decision, the Supreme Judicial Court of Massachusetts held that a motor vehicle stop conducted 24 hours after an officer witnessed a civil traffic infraction violated art. 14 of the Massachusetts Declaration of Rights. Addressing a question of first impression, the Court adopted …
by Douglas Ankney
In an issue of first impression, the United States Court of Appeals for the Fourth Circuit held that Immigration and Customs Enforcement’s (“ICE”) execution of a removal warrant following a final order entered by the Executive Office for Immigration Review (“EOIR”) does not qualify as …
by Douglas Ankney
The United States Court of Appeals for the Fourth Circuit vacated a defendant’s sentence and remanded for resentencing after concluding that the warrantless-search condition in the written judgment materially differed from what the U.S. District Court for the Eastern District of North Carolina orally announced …
by Douglas Ankney
The United States Court of Appeals for the Sixth Circuit held that 18 U.S.C. § 2422(b), the federal coercion and enticement statute, requires a defendant to know that the victim is a minor. Applying this interpretation, the Court ruled that Florida lewd and lascivious battery, …
