by Sam Rutherford
The U.S. Court of Appeals for the First Circuit overturned a sentence imposed by the U.S. District Court for the District of Puerto Rico, holding that the District Court’s one-sentence explanation for a sentence nearly 10 years above the recommended sentencing Guidelines range was insufficient to justify ...
by Sam Rutherford
In a short, per curiam opinion, the Supreme Court of the United States clarified the scope of the exception set out in Nieves v. Bartlett, 587 U.S. 391 (2019), to the requirement that First Amendment retaliatory-arrest claims may only proceed if the plaintiff establishes a lack of ...
by Sam Rutherford
The Supreme Court of the United States held that a jury must determine beyond a reasonable doubt whether a defendant’s prior violent felony or serious drug offenses were committed on separate occasions, thus qualifying the defendant for an enhanced sentence under the Armed Career Criminal Act (“ACCA”). ...
by Sam Rutherford
“The body of America’s Fourth Amendment jurisprudence reflects the effort to strike a balance between the state’s obligation to responsibly and legitimately meet the critical needs of public safety with the nation’s founding and enduring commitment to protect the individual liberty ensured to all its people.”
These ...
by Sam Rutherford
The Supreme Court of South Carolina held that a defendant’s confession was involuntary in violation of due process where the interrogating officer provided Miranda warnings but then assured the defendant that his statements would be confidential. This error, moreover, was not harmless because the defendant’s confession ...
by Sam Rutherford
The U.S. Court of Appeals for the Ninth Circuit held that police may ask whether a person stopped for a traffic infraction is on parole without violating the Fourth Amendment’s prohibition against unreasonable searches and seizures.
Background
Victor Ramirez was stopped for speeding in a residential ...
by Sam Rutherford
The U.S. Court of Appeals for the Fourth Circuit ruled that District Courts have discretion to reduce sentences for both covered and noncovered offenses under the First Step Act if the sentences were originally imposed as part of a package.
Background
Following a jury trial involving six ...
by Sam Rutherford
The Supreme Court of the United States held that whether a state court drug conviction counts as a “serious drug offense” under the Armed Career Criminal Act (“ACCA”) is determined by comparing the state and federal statutes defining the controlled substance in effect at the time of ...
by Sam Rutherford
The Supreme Court of Colorado held that convictions for second-degree burglary and first-degree criminal trespass of a dwelling arising from the same course of criminal conduct violate the double jeopardy clauses of the U.S. and Colorado Constitutions, requiring the trespass conviction and sentence be vacated and ...
by Sam Rutherford
The U.S. Court of Appeals for the Sixth Circuit affirmed the U.S. District Court for the Eastern District of Michigan’s order granting a Michigan prisoner’s petition for writ of habeas corpus based on claims that he received ineffective assistance of counsel and that the State struck Blacks ...
