by Matt Clarke
The Court of Appeal of California, Second Appellate District, held on June 16, 2020, that the California Supreme Court’s decision limiting the kill zone theory in prosecutions for attempted premeditated murder applies retroactively. The court reversed 11 convictions each for two habeas petitioners.
Juan Marshall Rayford and ...
by Matt Clarke
The U.S. Court of Appeals for the Fourth Circuit held that a criminal sentence was unreasonable where the district court failed to offer an explanation for a special condition of supervised release requiring addiction treatment, and the court failed to address the defendant’s nonfrivolous mitigation arguments. The ...
by Matt Clarke
On June 8, 2020, the U.S. Court of Appeals for the Second Circuit announced that federal courts are directed to use the categorical approach “to identify felony drug offenses for sentencing enhancement purposes …,” rather than a circumstance-specific analysis, and vacated a drug defendant’s sentence and remanded ...
by Matt Clarke
On March 27, 2020, the U.S. Court of Appeals for the Sixth Circuit vacated a firearms possession conviction from the U.S. District Court for the Northern District of Ohio because the Government showed the jury a social-media video of a masked person it alleged was the defendant ...
by Matt Clarke
In March 27, 2020, the U.S. Court of Appeals for the Sixth Circuit vacated a firearms possession conviction from the U.S. District Court for the Northern District of Ohio because the Government showed the jury a social-media video of a masked person it alleged was the defendant ...
by Matt Clarke
Studies have shown that racial minorities are overrepresented among the known wrongful convictions. But even this simple and easily provable statement runs afoul of several difficulties, including a lack of clear definitions for key terms.
The meaning of “race” is not clearly defined. Further, perhaps due to ...
by Matt Clarke
A lack of standardization in crime statistics and the complexity of the causes of and cures for crime have made the use of crime statistics difficult.
For instance, whether using marijuana causes crime is an important question as more states consider legalizing recreational marijuana. Legalization proponents could ...
by Matt Clarke
On January 10, 2020, a judge in Cook County, Illinois, ordered the Chicago Police Department (“CPD”) to produce by the end of 2020 all misconduct files from 1967 to 2015. Judge Alison Conlon noted that the CPD had “willfully and intentionally failed to comply” with the Illinois ...
by Matt Clarke
The U.S. Court of Appeals for the Seventh Circuit reversed the convictions of two federal prisoners who had been found guilty of using and discharging firearms during a crime of violence in violation of 18 U.S.C. § 924(c). In doing so, the Court held that the ...
by Matt Clarke
Police misconduct takes on many forms, from unjustified violence, murder, torture, sexual assault, theft of evidence—usually cash or drugs—and extortion, to actively assisting or participating in organized crime. However, this article will focus on a narrow segment of the many-faceted police misconduct problem—misconduct that leads to wrongful ...
