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Article • December 15, 2021 • from CLN January, 2022
U.S. Sentencing Commission Creates New Sentencing Tool for Judges by Dale Chappell by Dale Chappell The U.S. Sentencing Commission (“USSC”) recently created a new tool for federal judges that will let them compare sentences for similar defendants under specific guidelines to help “guide” them on what sentence may be appropriate …
Article • December 15, 2021 • from CLN January, 2022
Veterans Restorative Justice Act Offers More Than Alternatives to Jail in Minnesota by Douglas Ankney by Douglas Ankney On August 10, 2021, a crowd of veterans’ organizations, prosecutors, defense attorneys, lawmakers, and other interested parties gathered outside the Minnesota State Capitol to watch Governor Tim Walz symbolically sign into law …
Article • November 15, 2021 • from CLN December, 2021
Report Chronicles Growing List of Exonerations by Jayson Hawkins by Jayson Hawkins In the first years of the 21st century, exonerations of men and women who had served decades for crimes they did not commit made national news, both because of the terrible tragedies they represent and because they were …
Article • November 15, 2021 • from CLN December, 2021
D.C. Circuit Joins Seven Other Circuits in Holding USSG § 1B1.13 Doesn’t Apply to Compassionate Release Motions Filed by Prisoners by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the D.C. Circuit joined seven other circuits and held that a compassionate release motion filed by a prisoner …
Article • November 15, 2021 • from CLN December, 2021
When Life Is No Better Than Death by Jayson Hawkins by Jayson Hawkins Capital punishment has been a part of the American experience from the earliest times. Virginia executed a colonist in the seventeenth century, and since then, nearly every method of execution, from hanging to lethal injection, has found …
Article • November 15, 2021 • from CLN December, 2021
Michigan Supreme Court: Parole-Revocation Prison Term Imposed as Result of Separate Wrongful Conviction Is Included in Compensation Under WICA by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that time served in prison due to revocation of parole that resulted solely from a wrongful conviction of other …
Brief • October 29, 2021
Filed under: Wrongful Conviction
Bolden v. City of Chicago, IL, Minute Entry Re Jury Verdict, Wrongful Conviction, 2021 Case: 1:17-cv-00417 Document #: 615 Filed: 10/29/21 Page 1 of 1 PageID #:16702 UNITED STATES DISTRICT COURT FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 6.3.3 Eastern Division Eddie L. Bolden, et al. Plaintiff, …
Article • October 15, 2021 • from CLN November, 2021
Ninth Circuit Announces All 3 Subsections Must Be Satisfied to Deny Safety-Valve Relief Under 18 U.S.C. § 3553(f)(1) by Dale Chappell by Dale Chappell In a case of first impression under the First Step Act, the U.S. Court of Appeals for the Ninth Circuit held that the word “and” in …
Article • October 15, 2021 • from CLN November, 2021
Georgia Supreme Court Announces Merger Error Claims During Sentencing May Be Raised for First Time in Habeas Petition by Anthony Accurso by Anthony W. Accurso THe Supreme Court of Georgia held that claims of merger error during sentencing may be raised for the first time in a properly filed habeas …
Article • October 15, 2021 • from CLN November, 2021
Ohio, Now 24th State to End LWOP for Juveniles by Michael Fortino, Ph.D by Michael Fortino, Ph.D. In a long-awaited state enactment, Ohio Governor, Mike Dewine, signed into law, SB 256 which, among other provisions, bans sentences for life without parole (“LWOP”) and retroactively alters parole eligibility for minors sentenced …
Article • October 15, 2021 • from CLN November, 2021
Tenth Circuit Announces Adoption of ‘Offense of Conviction Approach’ for Determining Sentence Reduction Under First Step Act § 404(b) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred in relying on the …
Article • September 15, 2021 • from CLN October, 2021
Federal Judge: ‘Offense of Conviction’ Under Guidelines Excludes Relevant Conduct for Sentencing by Dale Chappell by Dale Chappell In a case where a defendant admitted to selling drugs that previously led to an overdose-death but was only convicted of selling drugs that did not result in a death, the U.S. …
Article • September 15, 2021 • from CLN October, 2021
Concealed Exculpatory Evidence and New Palm Print Evidence Frees Wrongfully Convicted Man After 21 Years in Prison by Douglas Ankney by Douglas Ankney In April 2021, Jonathan Smith, Sr. was freed after serving nearly 21 years in prison for a murder he did not commit. Last year, the Maryland Court …
Ninth Circuit: IAC Under Strickland Satisfies Rhines’ ‘Good Cause’ Standard to Stay Federal Habeas Petition, Allowing Exhaustion of State Court Remedies by Dale Chappell by Dale Chappell Finding that the U.S. District Court for the District of Nevada applied the incorrect standard in denying a state prisoner’s request to stay …
Article • September 15, 2021 • from CLN October, 2021
Seventh Circuit: Prosecutor’s Comments Not Supported by Evidence Denied Defendant Fair Trial, Affirms Habeas Relief by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held that a prosecutor’s closing comments about the State’s own witness were so harmful to the defendant that it affirmed …
Fourth Circuit: Sentence Vacated for Failure to Properly Analyze Leadership Role Factors by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Western District of Virginia committed a procedural error where it applied a leadership role enhancement …
Article • September 15, 2021 • from CLN October, 2021
Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held that a district court is authorized to correct an erroneous career offender enhancement when a defendant …
Article • September 15, 2021 • from CLN October, 2021
Fourth Circuit: District Court Must Recalculate Guidelines Sentencing Range and Conduct Analysis of § 3553(a) Factors Even if Same Sentence Would Be Imposed Under First Step Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the …
"Sixth Circuit Grants Habeas Relief Because Trial Judge Redacted Key Portion of Witness’ Testimony Presented to Jury in Violation of Confrontation Clause" by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held that a witness’ edited statement from a prior trial, saying that she …
Article • September 15, 2021 • from CLN October, 2021
Seventh Circuit Finds Lack of Evidence, Grants Habeas Relief, and Orders ‘Immediate Release’ by Dale Chappell by Dale Chappell In a rare case, the U.S. Court of Appeals for the Seventh Circuit granted habeas corpus relief to a state prisoner after finding that the State’s evidence was lacking and the …
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