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Article • August 15, 2022 • from CLN September, 2022
Filed under: Wrongful Conviction
San Francisco DA’s Inaugural Innocence Commission Frees Its First Victim of Wrongful Conviction by Keith Sanders by Keith Sanders In April 2022, Joaquin Ciria was exonerated after being wrongfully convicted of killing Felix Bastarrica in 1991. The 61-year-old Ciria, who maintained his innocence from the beginning, became the first person …
Article • August 15, 2022 • from CLN September, 2022
Filed under: First Step Act
Sixth Circuit Reverses Denial of First Step Act Relief Because Sentence Imposed Is Substantively Unreasonable by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit reversed the U.S. District Court for the Eastern District of Tennessee’s denial of Michael B. Johnson, II’s motion seeking a …
Article • August 15, 2022 • from CLN September, 2022
Use of Death Penalty Continues to Decline in the U.S. by Douglas Ankney by Douglas Ankney In 2021, 11 people in the U.S. were killed as punishment for their crimes. This was the fewest number of Americans in recent history to be subjected to state-sanctioned killing. And it was the …
Article • August 15, 2022 • from CLN September, 2022
Sixth Circuit: Government Cannot Withdraw Consent to Lesser Included Charge After Defendant Pleaded Guilty but Court Reject Plea Agreement by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit ruled that a plea agreement, as written, does not provide the basis for the Government …
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 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 …
Article • August 15, 2022 • from CLN September, 2022
Federal Habeas Corpus: Taking an Appeal After the Denial of Habeas Relief by Dale Chappell by Dale Chappell Federal law says that you have the “right” to appeal the denial of federal habeas corpus relief, but there’s a catch—only if the court says that you can. Congress limited the ability …
First Circuit: Procedurally Unreasonable for District Court to Base Upward Variance on Defendant’s Prior Arrests by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit vacated, on the basis of procedural reasonableness, the U.S. District Court for the District of Puerto Rico’s sentence imposed upon …
Article • August 15, 2022 • from CLN September, 2022
Indirect DNA Transfer Can Result in Miscarriages of Justice by David Reutter DNA Evidence Is Not as Infallible in Identifying Perpetrator as Most Believe by David M. Reutter Deoxyribonucleic acid (“DNA”) is regarded as the “gold standard” of forensic evidence. It is considered to be virtually indisputable evidence by juries …
Article • August 15, 2022 • from CLN September, 2022
Filed under: Wrongful Conviction
Manhattan DA Launches Conviction Review Unit by Jayson Hawkins by Jayson Hawkins On April 20, 2022, Manhattan District Attorney Alvin Bragg announced the formation of a Post-Conviction Justice Unit (“PCJU”) to review questionable convictions in Manhattan. The announcement included not only the parameters for filing a petition for review but …
Article • August 15, 2022 • from CLN September, 2022
SCOTUS Holds AEDPA’s Restrictions on Habeas Relief Trump Federal Courts’ Authority Under All Writs Act by Dale Chappell by Dale Chappell The Supreme Court of the United States (“SCOTUS” or “Court”) held that a federal court’s  transportation order permitting a prisoner to seek out new evidence pursuant to the All …
Article • July 15, 2022 • from CLN August, 2022
Inflation Transforming Petty Offenses Into Felonies by Douglas Ankney by Douglas Ankney In the recent collective memory of Americans, $200 purchased almost 100 gallons of gasoline. Today, fewer than 50 gallons of gas can be purchased with that same $200. Two years ago, theft of that 50 gallons of gas …
Article • July 15, 2022 • from CLN August, 2022
California Court of Appeal: Gang Enhancements Remanded for Retrial Under AB 333; Sameness Requirement Satisfied by The court of appeal of California, Fifth Appelate District, struck gang and firearm enhancements based upon the retroactive application of Assembly Bill 333 (2021–2022 Reg. Sess.)(“AB333”). The Court also concluded that retrial of the …
Article • July 15, 2022 • from CLN August, 2022
California Supreme Court Announces Uncharged Lesser Firearm Enhancement May Be Substituted Under § 12022.53 by Mark Wilson by Mark Wilson The Supreme Court of California held that sentencing courts have the authority to strike a firearm enhancement and substitute a lesser uncharged statutory enhancement. California Penal Code § 12022.53, the …
California Supreme Court Announces Conspiracy to Commit Home Invasion Robbery Not Subject to Enhancement to Indeterminate Life Sentence Under Penal Code § 186.22(b)(4) by Matthew Clarke by Matt Clarke The Supreme Court of California held that conspiracy to commit home invasion robbery is not subject to enhancement to an indeterminate …
Brief • June 16, 2022
Filed under: Wrongful Conviction
Cooper v. City of Elkhart, IN, Settlement, Wrongfully Convicted, 2022 MUTUAL RELEASE AND SETTLEMENT AGREEMENT This MUTUAL RELEASE AND SETTLEMENT AGREEMENT (the “Agreement”) is made effective this ____ day of June, 2022 (the “Effective Date”), by and among the City of Elkhart, Indiana; Diana Rezutko, as Personal Representative of the …
Article • June 15, 2022 • from CLN July, 2022
Federal Habeas Corpus: Jurisdictional Pitfalls When Seeking Habeas Relief by Dale Chappell by Dale Chappell Jurisdiction has many meanings, but in federal habeas corpus, it refers to the federal court’s authority to grant relief. While there’s all sort of “shalls” and “musts” in the federal habeas statutes, not all of …
Article • June 15, 2022 • from CLN July, 2022
Racially Disparate Sentencing Patterns Prevalent Amongst Federal Judges by Casey Bastian by Casey J. Bastian The existence of racial disparity in federal sentencing practices is a common, well-researched issue. The greatest proportion of studies focus on the aggregate disparity between the imposed sentence length of Black versus white defendants. Research …
Article • June 15, 2022 • from CLN July, 2022
Tenth Circuit Announces District Court Abused Discretion by Imposing Harsher Sentence Based on Defendant’s Decision to Plead Guilty Without Plea Agreement by David Reutter by David M. Reutter In a case of first impression in any circuit, the U.S. Court of Appeals for the Tenth Circuit held that under 18 …
Article • June 15, 2022 • from CLN July, 2022
Oregon Becomes 38th State to Enact Wrongful Conviction Compensation Law by Mark Wilson by Mark Wilson On March 4, 2022, Oregon lawmakersunanimouslypassedSenateBill1584, commonlyknownastheOregonJusticeforExonereesAct,joining37otherstates,Washington D.C.,andthefederalgovernmentinenactingwrongfulconvictioncompensationlegislation. A total of 35 Democratic and Republican lawmakers ultimately supported the bill that mirrors statutes recently enacted in Idaho, Montana, and Kansas. Under the law, a …
Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal by David M. Reutter by David M. Reutter The Supreme Court of Ohio held that the constitutionality of an indeterminate sentence imposed under the Reagan Tokes Law, R.C. 2967.271, ripens at sentencing and …
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