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Article • May 15, 2022 • from CLN June, 2022
Second Circuit: Multi-Object Drug Conspiracy Involving Crack and Other Drugs Eligible for First Step Act Relief by Dale Chappell by Dale Chappell A single federal drug offense involving both powder and crack cocaine is eligible for a reduced sentence under the First Step Act’s retroactive application of the Fair Sentencing …
Article • May 15, 2022 • from CLN June, 2022
Sixth Circuit: No Abuse of Discretion in U.S. District Courts Imposing Habeas Remedy Different Than That Required Under State Law by Dale Chappell by Dale Chappell The proper remedy in granting federal habeas corpus relief to a state prisoner is within the discretion of federal courts and not dependent on …
Martinsville Seven Pardoned 70 Years After Execution by Anthony Accurso by Anthony W. Accurso Governor Ralph Northam (D-VA) signed posthumous pardons for seven Black men denied due process in a criminal case following a rape allegation involving a white woman in Martinsville, Virginia, in 1949. On January 8, 1949, 32-year-old …
Article • May 15, 2022 • from CLN June, 2022
Federal Habeas Corpus: Post-Filing Procedures in Seeking Habeas Relief by Dale Chappell by Dale Chappell After you’ve filed your petition for habeas relief in federal court, you may decide to take further actions, such as filing a motion to “stay” your proceedings, to appoint counsel, or to release you on …
Article • May 1, 2022 • from CLN May, 2022
The Pseudoscientific Practice of Blood Spatter Analysis How the Desire for Convictions Drives Flawed Prosecutions by Anthony Accurso by Anthony W. Accurso The forensic science known as Bloodstain Pattern Analysis (“BPA”)—a.k.a. blood spatter analysis—is undergoing significant development after being the object of intense criticism regarding its reliability in the context …
Article • May 1, 2022
Dozens of Convictions Related to Corrupt Convicted Former Chicago Cop Vacated by Brooke Kaufman by Brooke Kaufman According to the Chicago Tribune, Cook County, Illinois, prosecutors vacated 44 convictions related to convicted ex-Chicago police Sgt. Ronald Watts. In 2013, Watts pleaded guilty to stealing money from an FBI informant posing …
Tenth Circuit Announces That After Borden An Offense That Can Be Committed ‘Recklessly’ Is Not Categorically a ‘Crime of Violence’ Under § 924(c)’s Elements Clause by Douglas Ankney by Douglas Ankney In consolidated cases on remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Tenth Circuit …
Article • April 11, 2022
Filed under: Pardons/Clemency
Pennsylvania Clearing the Way for More Clemencies and Commutations in 2022 by Jo Ellen Nott by Jo Ellen Nott April is Second Chance Month for those whose lives have been changed by an encounter with the criminal justice system in the United States. The state of Pennsylvania, under the leadership …
Article • March 17, 2022
North Carolina Governor Grants Clemency to 3 People Convicted as Juveniles by A March 10, 2022, press release from North Carolina Governor Roy Cooper’s office stated the governor has commuted the sentences of three people convicted of crimes as juveniles. The commutations — the first of their kind — were …
Article • March 15, 2022 • from CLN April, 2022
Plea Bargaining: An Illegitimate System to Administer Justice? by David Reutter by David M. Reutter A counseled plea bargain is the fastest and most economical resolution to a criminal case. The American justice system has come to tolerate and encourage plea bargains because of these attributes. Recent studies, however, find …
Article • March 15, 2022 • from CLN April, 2022
Ending Eyewitness Memory Contamination by Matthew Clarke Memory-Expert Psychologists Recommend Stopping All In-Court Identification and Repeated Lineups by Matt Clarke The Heisenberg Uncertainty Principle is a scientific concept in quantum physics explaining that the position and velocity of a sub-atomic particle can never be truly known because the very act …
Article • March 15, 2022 • from CLN April, 2022
Fourth Circuit: Bodily Injury Sentence Enhancement for Robbery Inapplicable Where Victim Sustained ‘Momentary’ Injury and Sought ‘Precautionary’ Medical Treatment by Jacob Barrett by Jacob Barrett TheU.S.CourtofAppeals for theFourthCircuitruledadistrictcourtcannot simply“guess”that a victim suffered a qualifying “bodily injury” in connection with a robbery to trigger the two-level, bodily injury sentence enhancement under …
Article • March 15, 2022 • from CLN April, 2022
Filed under: Wrongful Conviction
A ‘Lucky’ Exoneration in Syracuse by Jayson Hawkins by Jayson Hawkins Before Alice Sebold wrote her New York Times Bestseller, The Lovely Bones, she published a haunting memoir recounting her rape in 1981 when she was a freshman at Syracuse University. The book, Lucky, details not only the experience but …
Article • March 15, 2022 • from CLN April, 2022
Pandemic Pressures Defendants into False Guilty Pleas by David Reutter by David M. Reutter The majority of people held in jails throughout the U.S. have not been convicted of a crime. They are more inclined to accept plea offers to secure immediate release from incarceration. A recent study found that …
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 …
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 …
Article • March 15, 2022 • from CLN April, 2022
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’ 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 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 …
Article • February 15, 2022 • from CLN March, 2022
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 …
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