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Article • June 15, 2021 • from CLN July, 2021
Tenth Circuit Joins Other Circuits, Holds § 1B1.13 Does Not Apply to Compassionate Release Motions Filed by Prisoners by Dale Chappell by Dale Chappell Joining several other circuits, the U.S. Court of Appeals for the Tenth Circuit held that a district court has the discretion to determine whether “extraordinary and …
Article • June 15, 2021 • from CLN July, 2021
Kentucky Supreme Court: Blood Test Refusal Inadmissible as Evidence in DUI Case Even to Explain Why Prosecution Has No Scientific Evidence of Intoxication by Matthew Clarke by Matt Clarke The Supreme Court of Kentucky held that a refusal to submit to a warrantless blood test could not be used as …
Article • June 15, 2021 • from CLN July, 2021
Filed under: News in Brief
News in Brief by Alabama: An Alabama state trooper arrested on April 27, 2021 for sexually abusing a child had been fired from the FBI for sexual misconduct before he was ever hired in Alabama, fooling the state Law Enforcment Agency (ALEA) with a letter of recommendation that was apparently …
Article • June 15, 2021 • from CLN July, 2021
Eleventh Circuit: Timely Filed Amended Fla. R. Crim. P. 3.850 Motion Tolls AEDPA Clock, Rejects State’s Proposed 30-Day Limitations Period by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit rejected the state of Florida’s push for a 30-day time limit for amended state postconviction …
Article • June 15, 2021 • from CLN July, 2021
Ninth Circuit Joins Five Other Circuits in Holding § 1B1.13 Doesn’t Apply to Compassionate Release Motions by Prisoners by Dale Chappell by Dale Chappell Joining five other circuits, the U.S. Court of Appeals for the Ninth Circuit held on April 8, 2021, that U.S. Sentencing Guidelines Manual § 1B1.13 does …
Article • June 15, 2021 • from CLN July, 2021
Cancel Culture Nothing New to Those on Sex Offense Registries by Sandy Rozek by Sandy Rozek For those not tuned in to current trends or social media, cancel culture is most likely new, even unheard of, although according to Merriam-Webster, its first known usage was in 2016. The basic definition …
Article • June 15, 2021 • from CLN July, 2021
North Carolina Governor Announces Formation of Juvenile Sentence Review Board by Douglas Ankney by Douglas Ankney On April 8, 2021, North Carolina Governor Roy Cooper announced the formation of the North Carolina Juvenile Sentence Review Board (“Review Board”). Governor Cooper referenced well-known facts, saying “[d]evelopments in science continue to show …
Article • June 15, 2021 • from CLN July, 2021
The Era of Punitive Excess The criminal justice system is marred by an overreliance on excessive punishment by Jeremy Travis, Bruce Western by Jeremy Travis and Bruce Western, Brennan Center Despite a small decline in incarceration rates over the last decade, American criminal justice policy remains at its most punishing …
Article • June 15, 2021 • from CLN July, 2021
Tenth Circuit: Warrantless Search of Truck Driver’s Home Not Justified Solely by Connection to Alien Smuggling by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit held that the smuggling of persons across the U.S.-Mexico border alone did not justify the nonconsensual, warrantless search …
Article • June 15, 2021 • from CLN July, 2021
Filed under: Admissions
Sixth Circuit: State Court Committed Constitutional Error in Applying Ohio Rules of Evidence 606(B) to Deny Right to Fair Trial by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held that the state courts’ application of Ohio Rules of Evidence 606(B) constituted constitutional error, …
Article • June 15, 2021 • from CLN July, 2021
Direct Collateral Review Creates Path Around AEDPA Hurdles for State Prisoners Seeking Postconviction Relief by Dale Chappell by Dale Chappell It’s called “direct collateral review,” and it’s quickly becoming a way for state prisoners to get around the obstacles and roadblocks to receiving habeas relief in federal court. Never heard …
Article • June 15, 2021 • from CLN July, 2021
Maine Supreme Court: Counsel’s Introduction of Victim’s Video Interview with Police Was Not ‘Sound Trial Strategy,’ Constituted IAC by Dale Chappell by Dale Chappell Concluding that counsel’s trial strategy of introducing a child victim’s interview with police “extremely damaging” to the defense, the Supreme Judicial Court of Maine ruled that …
Article • June 15, 2021 • from CLN July, 2021
Mississippi Supreme Court Reverses Conviction due to Double Jeopardy Violation Because of Mistrial Without Manifest Necessity in Initial Trial by Matthew Clarke by Matt Clarke The Supreme Court of Mississippi held that a conviction for attempted burglary of a dwelling with the intent to commit larceny was invalid and retrial …
Article • June 15, 2021 • from CLN July, 2021
D.C. Circuit: Conflicted Counsel During Habeas Proceeding Requires Appointment of Conflict-Free Counsel by David Reutter by David M. Reutter The U.S. Court of Appeals for the District of Columbia Circuit “discovered an undeniable and unwaived conflict of interest between court-appointed counsel” in a § 2255 petition and the appellant. It …
Article • June 15, 2021 • from CLN July, 2021
Filed under: Federal Statutory Law
Wyoming Supreme Court Abandons Alter Ego Rule in Relation to Defense-of-Another Claim by Anthony Accurso by Anthony Accurso The Supreme Court of Wyoming clarified how the changes from common-law crimes to statutory only crimes in 2008, including modifications in 2018, affect the common-law rules for self-defense as an immunity claim. …
Article • June 15, 2021 • from CLN July, 2021
California Court of Appeal: § 3051’s Exclusion of One Strike Offenders from Youthful Offender Parole Hearings Violates Equal Protection by Douglas Ankney by Doug Ankney The Court of Appeal of California, Second Appellate District, held that Penal Code § 3051, subd. (h) violates the equal protection rights of Andre Lamont …
Article • June 15, 2021 • from CLN July, 2021
Seventh Circuit: Knowing and Intelligent Waiver of Miranda Rights Distinct and Separate Issue From Whether Statement Was Voluntary by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit held that the issue of whether an accused person’s waiver of his Miranda rights was knowing and …
Article • June 15, 2021 • from CLN July, 2021
Fifth Circuit: U.S.S.G. § 1B1.13 Policy Statement Not Applicable to Prisoner’s Motion for Compassionate Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the Sentencing Commission’s policy statement in U.S. Sentencing Guidelines § 1B1.13 is inapplicable to a prisoner’s own motion …
Article • June 15, 2021 • from CLN July, 2021
Illinois Supreme Court: Motion to Suppress Statements Granted Where Police Prolonged Traffic Stop to Investigate Offenses Unrelated to the Stop by Douglas Ankney by Douglas Ankney The Supreme Court of Illinois affirmed a decision of the appellate court that ruled a motion to suppress inculpatory statements should have been granted …
Article • June 15, 2021 • from CLN July, 2021
Baltimore and St. Louis ‘Shoot Down’ Spy Planes by Douglas Ankney by Douglas Ankney In recent months, Baltimore and St. Louis city officials voted unanimously to spare their residents from further invasions of their privacy by terminating a “panoptic aerial surveillance system” that was designed to protect soldiers on the …
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