Skip navigation

Search

4160 results
Page 133 of 208. « Previous | 1 2 3 4 ... 129 130 131 132 133 134 135 136 137 ... 204 205 206 207 208 | Next »

Article • February 18, 2020 • from CLN March, 2020
Filed under: Sentencing
Eleventh Circuit: Selling Body Armor Doesn’t Satisfy Sentencing Guidelines’ Definition of ‘Use’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit held that selling body armor doesn’t meet the definition for “the use of body armor” as defined in § 3B1.5 of the Sentencing …
Article • February 18, 2020 • from CLN March, 2020
Fourth Circuit: Magistrate’s Failure to Warn of ACCA Enhancement Was Plain Error by Douglas Ankney by Douglas Ankney On rehearing en banc, the U.S. Court of Appeals for the Fourth Circuit vacated the conviction of Jesmene Lockhart because the magistrate judge’s failure to warn Lockhart that his guilty plea exposed …
Article • February 18, 2020 • from CLN March, 2020
Ninth Circuit Vacates Unconstitutionally Vague Supervised-Release Conditions by David M. Reutter by David M. Reutter The U.S. Court of Appeals for the Ninth Circuit held the search of a home listed as the residence of a parolee was legal despite the fact the parolee no longer lived at the residence. …
Article • February 18, 2020 • from CLN March, 2020
Filed under: Search warrants
Hawai’i Supreme Court Rules Search Warrant Failed to Satisfy the Particularity Requirement for Multiple-Occupancy Dwellings by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i agreed with a circuit court’s finding that a search warrant failed to satisfy the particularity requirement of article I, § 7 of the Hawai’i …
Article • February 18, 2020 • from CLN March, 2020
Filed under: Searches
Massachusetts Supreme Judicial Court: When Exit Order is Unlawful, Evidence Obtained from Subsequent Search Must be Suppressed by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts ruled that when officers unlawfully issue an order commanding a suspect to exit a vehicle, any evidence obtained from the subsequent …
Article • February 18, 2020 • from CLN March, 2020
First Step Act Earned-Time Credits are Coming ... Eventually and Only to Some Prisoners by Dale Chappell by Dale Chappell Even though we’ve passed the one-year anniversary of the First Step Act over a month ago, the portion of the bill giving federal prisoners more earned-time credits for completing certain …
Article • February 18, 2020 • from CLN March, 2020
Alaska Supreme Court: Forcing a Defendant to Testify Is Structural Error Requiring Automatic Reversal by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Alaska announced that when a trial court forces a defendant to testify at his or her trial, it is a …
Article • February 18, 2020 • from CLN March, 2020
Filed under: Searches
California Court of Appeal: Electronics Searching Condition Struck in Mandatory Supervision Case by Anthony Accurso by Anthony Accurso The Court of Appeal of California, Second Appellate District, held that a condition imposed during a mandatory supervision period that required the defendant to submit to searches of any electronic device in …
Article • February 18, 2020 • from CLN March, 2020
Filed under: Parole
Nevada Supreme Court: Parole Board May Petition To Modify Life Sentence by Anthony Accurso by Anthony Accurso The Supreme Court of Nevada held that the Nevada Board of Parole Commissioners had the authority to petition a district court to modify a defendant’s sentence and remove him from lifetime parole. Marlin …
Article • February 18, 2020 • from CLN March, 2020
Colorado Supreme Court Clarifies and Modifies Analytical Framework for Proportionality Reviews by Douglas Ankney by Douglas Ankney On December 16, 2019, the Supreme Court of Colorado clarified and modified the analytical framework courts are to follow when conducting proportionality reviews of sentences in general and habitual offender sentences in particular. …
Article • February 18, 2020 • from CLN March, 2020
Attacking the Guilty Plea: The ‘Voluntarily and Knowingly Made’ Standard by Dale Chappell by Dale Chappell Attacking the guilty plea is probably one of the least understood concepts in the postconviction world, even though more than 95 percent of state and federal convictions are the direct result of a guilty …
Article • February 18, 2020 • from CLN March, 2020
Hawai’i Supreme Court Announces Degree of ‘Restraint’ Necessary to Support Kidnapping Conviction by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i held that the restraint necessary to support a kidnapping conviction under Hawai’i Revised Statutes (“HRS”) § 707-720(1)(d) must be restraint that is “in excess of any restraint …
Article • February 18, 2020 • from CLN March, 2020
Prosecutorial Misconduct: Justice Denied as the System Turns a Blind Eye by Christopher Zoukis by Christopher Zoukis How do rogue forensic scientists and other bad cops thrive in our criminal justice system? The simple answer is that some prosecutors turn a blind eye to such misconduct because they’re more interested …
Article • January 21, 2020 • from CLN February, 2020
Filed under: News in Brief
News in Brief by California: Former San Diego sheriff’s deputy Richard Fischer, accused of sexual misconduct with at least 16 women between 2015 and 2017, will be eligible for jail release in under two years based on a plea deal, thefreethoughtproject.com reports. Fischer, who pleaded guilty to four felonies and …
Article • January 21, 2020 • from CLN February, 2020
Oklahoma: Cocaine Bust Was Really Only Powdered Milk by Edward Lyon by Ed Lyon Cody Gregg of Oklahoma is a member of a growing segment of America’s population—he is a homeless person and also receives food from a community pantry. On August 12, 2019, Gregg was doing a probated sentence …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Wrongful Conviction
Freedom or Restitution for the Wrongfully Convicted by Jayson Hawkins by Jayson Hawkins "I’m sitting here a semblance, trying to get back to me,” Jimmy Dennis admitted from the relative safety of his living room, afraid to venture beyond his doorstep. Dennis exhibited the symptoms of post-traumatic stress disorder, including …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Guilty Pleas
Eighth Circuit: Defendant Who Pleaded Guilty to State Felonies Didn’t Know He Couldn’t Possess Firearms Prior to Sentencing Because He Didn’t Know He Had Been Convicted by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Eighth Circuit held that a defendant didn’t “know” he had been …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Police Misconduct, Police
Sheriff Ackal’s Corruption Continues to Plague Louisiana Parish by Douglas Ankney by Douglas Ankney More than 100 criminal cases in Louisiana’s Iberia Parish have been thrown out due to a federal investigation into Sheriff Louis Ackal’s reign. And now hundreds more may also get the boot. First Assistant District Attorney …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Bail Bonds
Court Rulings Condemning Cash Bail Systems Increasing by Edward Lyon by Ed Lyon A historically overlooked, or at least minimized, constitutional guarantee is that excessive bail amounts must not be imposed upon citizens accused of crimes. Cash bails routinely far exceed not only most people’s ability to pay but are …
Article • January 21, 2020 • from CLN February, 2020
In Case of First Impression, Fourth Circuit Holds First Step Act Applies to Those Serving Supervised Release Revocation Sentences by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on November 20, 2019, that the retroactive application of the Fair Sentencing Act of 2010 …
Page 133 of 208. « Previous | 1 2 3 4 ... 129 130 131 132 133 134 135 136 137 ... 204 205 206 207 208 | Next »