The Court of Appeal for California, Fifth Appellate District, held that petitioner Tramell Vernon Taylor was entitled to resentencing on his conviction for first-degree murder because the trial court misconstrued the elements of the applicable offense and could not find petitioner guilty under a valid theory of murder.
Background
Between ...
The United States Court of Appeals for the Third Circuit held that the U.S. District Court for the District of New Jersey erred in applying a sentencing enhancement for constructive possession of an AK-style pistol (“Pistol”) found in a bag located in the trunk of defendant’s vehicle six months after ...
The United States Court of Appeals for the Fourth Circuit vacated a 132-month prison sentence because the U.S. District Court for the Western District of North Carolina committed procedural error during sentencing for violating 18 U.S.C. § 2252A(a)(2), (b)(l) (possessing material depicting the sexual exploitation of minors) by applying the sentence ...
The California Court of Appeal, Fourth Appellate District, granted a petition for a writ of mandate after finding that Elijah Jackson, who is Black, established a prima facie claim that the San Diego Police Department (“SDPD”) violated the Racial Justice Act of 2020 (“RJA”) by producing data showing a stark ...
The United States Court of Appeals for the First Circuit held that the U.S. District Court for the District of Puerto Rico improperly applied the four-level sentencing enhancement for “otherwise using” a dangerous weapon under U.S. Sentencing Guidelines (“Guidelines”) § 2B3.1(a) to the defendant’s sentence for carjacking because the District Court ...
by Sagi Schwartzberg
The Supreme Court of Arkansas, in two companion cases, held that there was no designation in Appellant’s sentencing order to § 16-93-609 of the Arkansas Code Annotated (“ACA”), and thus, he was entitled to have his parole eligibility recalculated under Act 683.
Background
Perry Wright and Torry Rodgers ...
by Sagi Schwartzberg
The United States Court of Appeals for the Ninth Circuit ruled that Eugene Allen Doerr satisfied the criteria set forth in Rhines v. Weber, 544 U.S. 269 (2005), for granting a stay and abeyance of his federal habeas petition to allow exhaustion of his claims in state ...
by Sagi Schwartzberg
The U.S. Court of Appeals for the Ninth Circuit held that an attorney cannot be compelled to provide a “privilege log” to the Government relating to documents protected under the Fifth Amendment’s act-of-production privilege.
Background
During an investigation of an alleged tax evasion scheme, a grand jury ...
by Sagi Schwartzberg
The Supreme Court of Nebraska interpreted the definition of “working days” in Neb. Rev. Stat. § 29-4001.01(6) of the Nebraska Sex Offender Registration Act (“SORA”) to refer to Mondays, Tuesdays, Wednesdays, Thursdays, and Fridays, excluding legal holidays. The Court held that the State failed to provide sufficient evidence ...
by Sagi Schwartzberg
The Supreme Court of Pennsylvania held that, to support a conviction for failure to register as a sex offender, the Commonwealth is required to prove beyond a reasonable doubt that a person subject to Pennsylvania’s Sex Offender Registration and Notification Act (“SORNA”) knew of their obligation to ...
