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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 …
Article • June 15, 2022 • from CLN July, 2022
Seventh Circuit: District Court’s Failure to Exercise Discretion After Erroneously Finding Defendant Ineligible for Relief Under First Step Act Was Abuse of Discretion by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit ruled that the U.S. District Court for the Northern District of Illinois …
Article • June 15, 2022 • from CLN July, 2022
Seventh Circuit Vacates Sentence Where District Court’s Rationale for Defendant’s Offense Level Unclear by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit vacated Darrell Loving’s sentence because the reasons given by the U.S. District Court for the District of Indiana for arriving at an …
Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence by David M. Reutter by David M. Reutter The Supreme Court of Iowa vacated a defendant’s sentence after finding the prosecution failed to honor the spirit of a plea agreement …
Publication • 2022
Filed under: Sentencing
County Dependence on Monetary Sanctions-Implications for Women's Incarceration, 2022 County Dependence on Monetary Sanctions: Implications for Women’s Incarceration K at e K. O’N eill, T y ler Smi t h, a n d I a n K en n edy Although men’s incarceration rates have declined in the United States, …
Publication • 2022
Filed under: Pardons/Clemency
2022 CLEMENCY ADVOCACY GUIDE ADVOCACY GUIDE INTRODUCTION This guide is a resource for individuals who have applied for clemency from the Governor of California and ask the question, “What do I do now?” Here, you will find information and guidance on building an advocacy campaign in support of your clemency …
Publication • 2022
Filed under: Pardons/Clemency
Annual Report of Trends in Clemency -2022 The Redemption Campaign Annual Report of Trends in Clemency 2022 Overview The criminal legal landscape is, by design, enormously complex and notoriously difficult to change. While we have a number of tools available to correct the failed policies of the past, one in …
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