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Second Circuit: District Court Required to Explain Rationale for Reducing Sentence to ‘Time Served’ Under First Step Act but Refused to Reduce Supervised Release Portion of Sentence Despite Being Long...
Article • March 15, 2022 • from CLN April, 2022
Filed under: First Step Act, Probation, Parole & Supervised Release, Mandatory Minimums
Second Circuit: District Court Required to Explain Rationale for Reducing Sentence to ‘Time Served’ Under First Step Act but Refused to Reduce Supervised Release Portion of Sentence Despite Being Longer Than New Mandatory Minimum by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit vacated …
What You Need to Know Before Contacting a Conviction Integrity Unit
Article • March 15, 2022 • from CLN April, 2022
Filed under: Wrongful Conviction
What You Need to Know Before Contacting a Conviction Integrity Unit by Marissa Boyers Bluestine, Kia Hall Hayes by Marissa Boyers Bluestine and Kia Hall Hayes Over the past several years, more and more prosecutors have created conviction integrity units (“CIUs”), or conviction review units (“CRUs”), in their offices. While …
Sixth Circuit: Government Violated Plea Agreement by Arguing for Sentence Exceeding Guidelines Range, Despite Promise Not to ‘Suggest in Any Way’ Variance Is Appropriate
Article • March 15, 2022 • from CLN April, 2022
Filed under: U.S. Sentencing Guidelines, Plea Agreements/Guilty Pleas
Sixth Circuit: Government Violated Plea Agreement by Arguing for Sentence Exceeding Guidelines Range, Despite Promise Not to ‘Suggest in Any Way’ Variance Is Appropriate by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit held the Government violated a plea agreement by arguing for …
Tenth Circuit: Where Defendant Actually Sentenced to Drug Treatment and Probation Rather Than 28-32 Months in Prison as Per State Sentencing Guidelines, Conviction Can’t Serve as Predicate ‘Felony’ f...
Article • March 15, 2022 • from CLN April, 2022
Filed under: U.S. Sentencing Guidelines, Firearms Owners' Protection Act, In Connection With Another Felony Offense, Drug Testing/Treatment Programs, Probation, Parole & Supervised Release
Tenth Circuit: Where Defendant Actually Sentenced to Drug Treatment and Probation Rather Than 28-32 Months in Prison as Per State Sentencing Guidelines, Conviction Can’t Serve as Predicate ‘Felony’ for 18 U.S.C. § 922(g)(1) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held that …
Acquitted Conduct Sentencing
Article • February 15, 2022 • from CLN March, 2022
Filed under: U.S. Sentencing Guidelines, Acquitted Conduct/Uncharged Crimes/Dismissed Counts
Acquitted Conduct Sentencing by Douglas Ankney How Judges Enhance Sentences by Supplanting ‘Not Guilty’ Verdicts with Private Findings that Defendants ‘Probably Committed’ Acquitted Offenses by Douglas Ankney Gregory Bell was indicted on 13 charges. He exercised his right to a jury trial. The jury acquitted Bell of 10 charges and …
Nevada Supreme Court: Prisoner’s Claim He Is Now Actually Innocent of Death Penalty Sufficient to Overcome Proce-dural Bars to Habeas Relief
Article • February 15, 2022 • from CLN March, 2022
Filed under: Habeas Corpus, Death Penalty/Death Row, Actual Innocence/Claim of Innocence
Nevada Supreme Court: Prisoner’s Claim He Is Now Actually Innocent of Death Penalty Sufficient to Overcome Proce-dural Bars to Habeas Relief by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada held that Samuel Howard’s claim that he is now actually innocent of the death penalty was sufficient to …
California Court of Appeal: Peremptory Challenge to Judge in Habeas Case Subject to 10-Day Filing Period, Not 60 Days, Under § 170.6(a)(1)
Article • February 15, 2022 • from CLN March, 2022
Filed under: Habeas Corpus, Different Judge, Tolling of Statutes of Limitations and Laches
California Court of Appeal: Peremptory Challenge to Judge in Habeas Case Subject to 10-Day Filing Period, Not 60 Days, Under § 170.6(a)(1) by Dale Chappell by Dale Chappell  Deciding a question of first impression, the Court of Appeal of California, Fourth Appellate District, held that an order to show cause …
Mental Health Response Teams Proved Effective in New York City
Article • February 15, 2022 • from CLN March, 2022
Filed under: Alternative Sentencing, Mental Health
Mental Health Response Teams Proved Effective in New York City by Casey Bastian by Casey J. Bastian  No one should fear picking up the phone and asking for help. This is the premise of Behavioral Health Emergency Assistance Response Division (known as “B-HEARD”), a recently launched mental health program in …
Sixth Circuit: Michigan’s Ordinarily ‘Adequate’ Contemporaneous-Objection Rule, in Unique Circumstances, May Not Procedurally Bar Federal Habeas Review
Article • February 15, 2022 • from CLN March, 2022
Filed under: Habeas Corpus, Objections
Sixth Circuit: Michigan’s Ordinarily ‘Adequate’ Contemporaneous-Objection Rule, in Unique Circumstances, May Not Procedurally Bar Federal Habeas Review by Dale Chappell by Dale Chappell  The U.S. Court of Appeals for the Sixth Circuit held that Michigan’s contemporaneous-objection rule, requiring an objection to an error in the trial court even if the …
Non-Prosecution Policies Seem to Work in Baltimore
Article • February 15, 2022 • from CLN March, 2022
Filed under: Alternative Sentencing
Non-Prosecution Policies Seem to Work in Baltimore by Jayson Hawkins by Jayson Hawkins  The onset of the COVID-19 pandemic is credited with accelerating many trends that were already emerging before the plague struck. From work-at-home to mRNA vaccines, many of these new trends seem to have won a permanent place …
Garrett v. Metropolitan Government of Nashville, TN, Complaint Wrongful Conviction, 2022
Brief • January 21, 2022
Filed under: Wrongful Conviction
Garrett v. Metropolitan Government of Nashville, TN, Complaint Wrongful Conviction, 2022 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE, AT NASHVILLE PAUL SHANE GARRETT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. Metropolitan Government of Nashville, Roy Dunaway, Individually, …
Why Won’t the State of Missouri Release Innocent Men From Prison?
Article • January 15, 2022 • from CLN February, 2022
Filed under: Wrongful Conviction, Overdetention
Why Won’t the State of Missouri Release Innocent Men From Prison? by Casey Bastian by Casey J. Bastian There are not many people who can truly relate to the Kafkaesque experience of the three men currently stuck in the Missouri prisons. All three are factually innocent but have spent decades …
Eighth Circuit Reiterates Statute of Conviction Determines Eligibility for Sentence Reduction Under First Step Act, Not Actual Conduct
Article • January 15, 2022 • from CLN February, 2022
Filed under: First Step Act
Eighth Circuit Reiterates Statute of Conviction Determines Eligibility for Sentence Reduction Under First Step Act, Not Actual Conduct by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eighth Circuit reiterated that it is the statute of conviction that determines First Step Act relief under the retroactive …
Sixth Circuit Vacates Sentence for Impermissible Triple-Counting of Guidelines Enhancements for Ungrouped Offenses
Article • January 15, 2022 • from CLN February, 2022
Filed under: U.S. Sentencing Guidelines, Sentence Enhancements/Departures
Sixth Circuit Vacates Sentence for Impermissible Triple-Counting of Guidelines Enhancements for Ungrouped Offenses by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held that enhancements under the U.S. Sentencing Guidelines (“USSG”) that were applied to all three counts of conviction that were ungrouped were …
New Jersey Directive Provides Relief for Certain Drug Offenders
Article • January 15, 2022 • from CLN February, 2022
Filed under: U.S. Sentencing Guidelines, Drug Laws/Offenses
New Jersey Directive Provides Relief for Certain Drug Offenders by Casey Bastian by Casey J. Bastian In February 2018, New Jersey Governor Phil Murphy convoked the Criminal Sentencing and Disposition Committee (“CSDC”) to analyze the state’s sentencing laws. The CSDC was tasked with providing specific recommendations “to ensure a stronger, …
California Court of Appeal: Trial Court Required to Provide Notice and Consider Information Provided by Parties Before Ruling on CDCR Recommendation to Recall Sentence Pursuant to § 1170(d)(1)
Article • January 15, 2022 • from CLN February, 2022
Filed under: U.S. Sentencing Guidelines, Sentences - Corrections or Modifications of
California Court of Appeal: Trial Court Required to Provide Notice and Consider Information Provided by Parties Before Ruling on CDCR Recommendation to Recall Sentence Pursuant to § 1170(d)(1) by Douglas Ankney by Douglas Ankney The California Court of Appeal, Second District, held that a trial court is bound to provide …
Sixth Circuit: Only One Conviction May Result Under § 922(g) for Single Incident of Firearm Possession
Article • December 15, 2021 • from CLN January, 2022
Filed under: U.S. Sentencing Guidelines, Firearms
Sixth Circuit: Only One Conviction May Result Under § 922(g) for Single Incident of Firearm Possession by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that only one conviction may result under 18 U.S.C. § 922(g) for a single incident of firearm possession, …
Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presum...
Article • December 15, 2021 • from CLN January, 2022
Filed under: U.S. Sentencing Guidelines, Guns - Type of
Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that mere physical proximity of guns and drugs …
California Supreme Court Announces Not All Subsequent Habeas Petitions Under Death Penalty Reform and Savings Act Are ‘Successive’
Article • December 15, 2021 • from CLN January, 2022
Filed under: Habeas Corpus, Death Penalty/Death Row
California Supreme Court Announces Not All Subsequent Habeas Petitions Under Death Penalty Reform and Savings Act Are ‘Successive’ by Dale Chappell by Dale Chappell   A subsequent petition for habeas corpus relief filed in a California court is not always a “successive” petition, under the death penalty reform law passed …
Ninth Circuit: Washington’s Sentencing Guidelines, Not Statutory Maximum, Set Upper Limit for Sentence When Determining Grade of Violation of Supervised Release Under U.S. Sentencing Guidelines
Article • December 15, 2021 • from CLN January, 2022
Filed under: U.S. Sentencing Guidelines, Revocation Proceedings
Ninth Circuit: Washington’s Sentencing Guidelines, Not Statutory Maximum, Set Upper Limit for Sentence When Determining Grade of Violation of Supervised Release Under U.S. Sentencing Guidelines by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that the state of Washington’s mandatory sentencing guidelines set …
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