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Articles by Harold Hempstead

SCOTUS Announces Government Must Prove Physicians in § 841 Prosecutions ‘Knowingly and Intentionally’ Exceeded Their Authorization to Prescribe Controlled Substances, Such as Opioids

by Harold Hempstead

The Supreme Court of the United States (“SCOTUS”) held that 28 U.S.C. § 841’s “knowingly or intentionally” mens rea requirement applies to the “except as authorized” clause in criminal prosecutions against physicians, meaning that the Government must prove beyond a reasonable doubt that the defendant-physician had the ...

Third Circuit Announces First Step Act Applies Retroactively to Defendant Whose Pre-Act Sentence Vacated After Act’s Enactment

by Harold Hempstead

The U.S. Court of Appeals for the Third Circuit joined the Fourth, Seventh, and Ninth Circuits regarding the retroactivity of the First Step Act of 2018 (“FSA”) in holding that defendants who have their sentences imposed prior to the enactment of the FSA and vacated after its ...

SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment

by Harold Hempstead

The Supreme Court of the United States (“SCOTUS”) held that a violation of the warnings provided for in Miranda v. Arizona, 384 U.S. 436 (1966), does not provide a basis for a claim under 42 U.S.C. § 1983.

In March 2014, Los Angeles County Sheriff’s ...

California Court of Appeal: Assembly Bill 124 Applies Retroactively and Includes Psychological Trauma Based Upon Mental Illness as Mitigating Factor Under § 1170(b)(6)

by Harold Hempstead

On April 8, 2022, the Court of Appeal of California, Fifth Appellate District, held that Assembly Bill No. 124 (2021-2022. Reg. Sess.) (Stats. 2021, ch. 695, §§ 5-6) (“AB-124”) applies retroactively to all judgments that were not yet final on the date that the law was passed, ...

Sixth Circuit Announces Full, Unconditional Pardon, Regardless of Issue of Innocence, Meets Heck Requirement of Invalidated Conviction; § 1983 Claims May Be Pursued

by Harold Hempstead

The U.S. Court of Appeals for the Sixth Circuit held that Heck v. Humphrey, 512 U.S. 477 (1994), does not bar a plaintiff who received a full, unconditional pardon from filing a § 1983 claim raising constitutional violations relating to their criminal conviction.

In 2008, Johnetta ...

Colorado Supreme Court Announces Courts Not Required to Address All 11 Brown Factors in Ruling on Defendant’s Motion for Continuance to Change Counsel

by Harold Hempstead

In addressing an issue of first impression, the Supreme Court of Colorado en banc clarified its decision in People v. Brown, 322, P.3d 214 (Colo. 2014), by instructing that trial courts are not required to make explicit findings with respect to each and every one of ...

Missouri Supreme Court: Defendant Entitled to ‘Castle Doctrine’ Jury Instruction Even Though Assailant Not Unlawfully in Vehicle at Very Moment of Use of Deadly Force

by Harold Hempstead

The Supreme Court of Missouri en bancheld that “substantial evidence existed to support a castle doctrine instruction” and that Andrea S. Straughter was prejudiced by the Circuit Court’s failure to give said jury instruction.

On May 17, 2018, Straughter drove her acquaintance, Nicholas Ward, to the home ...

Federal Prosecutors Directed to Stop Obtaining Compassionate Release Waivers From Defendants During Plea Agreements and to Not Enforce Previously Obtained Waivers

by Harold Hempstead

On March 11, 2022, the Deputy Attorney General of the U.S. Department of Justice (“DOJ”) issued a Memorandum directing federal prosecutors to stop the practice of requiring defendants, as part of their plea agreement, to waive their rights to pursue compassionate release under 18 U.S.C. § 3582 ...

Fourth Circuit: Good Cause Not Required to Withdraw Consent to Magistrate Judge’s Jurisdiction Prior to Other Parties Consenting

by Harold Hempstead

The U.S. Court of Appeals for the Fourth Circuit held that a party who consents to the jurisdiction of a magistrate judge and then requests to withdraw that consent prior to the other party consenting is not required to show good cause.

Malcom Muhammad sued multiple prison ...

Filmmaker Got Back His $69,000 ‘Stolen’ by DEA Agent, Plus a $15,000 Settlement

by Harold Hempstead

In August 2021, the U.S. Government agreed to pay Keddins Etiennes, an independent filmmaker, a $15,000 settlement, in addition to the approximately $69,000 they previously returned to Etiennes, that DEA Agent Antonio LoGrande unlawfully seized from him.

On January 7, 2020, a Transportation Security Administration (“TSA”) officer ...

 

 

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