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Article • November 15, 2022 • from CLN December, 2022
Federal Habeas Corpus: Role of the Magistrate Judge by Dale Chappell by Dale Chappell District court judges in the federal courts have always had judicial assistants, in addition to law clerks, helping with their caseloads. Long before magistrate judges became what they are today, they were called “commissioners,” who were …
Fourth Circuit: Coram Nobis Appropriate Remedy to Achieve Justice Where Petitioner Actually Innocent but Completed Sentence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that coram nobis relief is the appropriate remedy to achieve justice where the petitioner had completed service of …
Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher Charge by Jacob Barrett by Jacob Barrett In a case of first impression, the Supreme Court of Louisiana held double jeopardy bars the reinstatement and …
Article • November 15, 2022 • from CLN December, 2022
First Circuit Announces Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law in Determining Whether ‘Extraordinary and Compelling’ Reason Exists for Compassionate Release in Prisoner-Initiated Motion by Jacob Barrett by Jacob Barrett In a case of first impression in the circuit, the U.S. Court of Appeals for the …
Article • November 15, 2022 • from CLN December, 2022
Ninth Circuit Clarifies Framework for Applying Minor-Role Adjustment in U.S. Sentencing Guideline § 3B1.2(b) by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit clarified the framework for application of the minor-role adjustment of U.S. Sentencing Guideline (“U.S.S.G.”) § 3B1.2(b). A man identified as “Gordo” …
Article • November 15, 2022 • from CLN December, 2022
Pennsylvania Supreme Court Announces Challenge to Presumptively Vindictive Sentence Constitutes ‘Legality Challenge’ and Thus Cognizable Under PCRA by Harold Hempstead by Harold Hempstead The Supreme Court of Pennsylvania held that a vindictive sentencing claim pursuant to North Carolina v. Pearce, 395 U.S. 711 (1969), meets the definition of a legality …
Article • November 15, 2022 • from CLN December, 2022
Prosecutorial Misconduct Cause of More Than 550 Death Penalty Reversals and Exonerations by Jacob Barrett by Jacob Barrett A study by the Death Penalty Information Center (“DPIC”) found more than 550 death penalty reversals and exonerations were the result of extensive prosecutorial misconduct. DPIC reviewed and identified cases since the …
Pennsylvania Supreme Court Announces Challenge to SORNA-Based Illegality of Sentence Claim Cannot Be Waived, Allowing for Challenge at Any Time — Even if First Raised on Appeal by Anthony Accurso by Anthony W. Accurso The Supreme Court of Pennsylvania held that challenges to the legality of an imposed sentence — …
Brief • November 14, 2022
Filed under: Wrongful Conviction
McCann v. Fuller, MI, Plaintiff's Consolidated Response in Opposition to Dft's Motion for Summary Judgment, Wrongful Conviction, 2022 Case 1:19-cv-01032-PLM-PJG ECF No. 138, PageID.2776 Filed 11/14/22 Page 1 of 81 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN RAYMOND E. McCANN, II, Plaintiff, v. BRYAN FULLER, Special Representative of the …
Brief • November 14, 2022
Filed under: Wrongful Conviction
Klene v. Riggs, CA, Complaint, Wrongful Conviction, 2022 Case 2:22-cv-08318-KK-JC Document 1 Filed 11/14/22 Page 1 of 34 Page ID #:1 1 2 3 4 5 Deirdre O’Connor (California Bar No. 169422) deirdre@seamuslaw.com Seamus Law, APC 21151 S. Western Ave. Torrance, CA 90501 Telephone: (310) 780-4522 6 7 8 9 …
Article • October 20, 2022
Equitable Criminal Sentencing Technology Makes History in Alachua County, Florida by Jo Ellen Nott by Jo Ellen Nott On September 27, 2022, Alachua County in north central Florida made history by funding equitable sentencing software for Florida’s Eighth Judicial Circuit.  This makes the Eighth the first Florida judicial circuit to …
Article • October 15, 2022 • from CLN November, 2022
Daniel Taylor Was Innocent. He Spent Decades in Prison Trying to Fix the State’s Mistake. by Steve Mills He was in police custody at the time of the murders, but a dubious confession led to his wrongful conviction while Chicago police and prosecutors turned a blind eye to inconvenient facts …
Article • September 15, 2022 • from CLN October, 2022
Filed under: First Step Act
Third Circuit Announces First Step Act Applies Retroactively to Defendant Whose Pre-Act Sentence Vacated After Act’s Enactment by Harold Hempstead 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”) …
Framed by Dirty Chicago Detective Reynaldo Guevara, Marilyn Mulero Is Exonerated After 28 Years in Prison by Jo Ellen Nott by Jo Ellen Nott On August 9, 2022, a Cook County judge in Chicago, Illinois granted motions filed by State’s Attorney Kim Foxx to dismiss all charges against Marilyn Mulero, …
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 …
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