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Article • September 10, 2021
Charges Dropped Against Man Exonerated by DNA Evidence After 30 Years In Georgia Prison by All charges against Ron Jacobsen were dropped by the District Attorney (DA) for Newnan County, Georgia, on September 1, 2021—over 30 years after he was wrongfully convicted of kidnapping and raping a woman in Covington …
Article • August 23, 2021
Wrongly Convicted Texas Man Suing Corrupt Houston Cop by In a federal lawsuit filed August 13, 2021, a Houston man wrongfully convicted on drug charges is seeking unspecified damages from the disgraced cop who fabricated the evidence that sent him to prison. The now-freed man, Otis Mallet, also seeks damages …
Article • August 16, 2021
Clemency Woefully Inadequate Remedy for Injustice by David Reutter by David M. Reutter When the justice system fails a criminal defendant, the last hope is clemency. The rash of 70 pardons and commutations in the waning days of the Trump presidency show that the clemency process is an inadequate alternative …
Article • August 16, 2021
First Step Act Knocks Corrupt Baltimore Officers' Sentences from 454 Years to 20 by Dale Chappell by Dale Chappell Two former Baltimore police officers sentenced to a combined 454 years in federal prison had their sentences reduced to just 20 years each in May after their sentencing judge agreed that …
Article • August 15, 2021 • from CLN September, 2021
Sixth Circuit: District Court May Consider Disparity of Defendant’s Actual Sentence Compared With Sentence Under First Step Act When Additional Factors Present by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that, in making an individualized determination about whether extraordinary and compelling reasons …
Article • August 15, 2021 • from CLN September, 2021
California Court of Appeal Reverses Felony-Murder Conviction Where Sentencing Occurred After SB 1437 Enacted by Matthew Clarke by Matt Clarke The Court of Appeal of California, Second Appellate District, Division Eight, held that a felony-murder conviction was invalid when guilt was determined prior to the enactment of Senate Bill 1437 …
Article • August 15, 2021 • from CLN September, 2021
Prosecutors Call for Humane Sentencing Measures by Kevin Bliss by Kevin Bliss Sixty-four current and former prosecutors, attorneys, law enforcement officers, and other judicial leaders from 26 states and the District of Columbia signed a group statement titled “Joint Statement on Sentencing Second Chances and Addressing Past Extreme Sentences” in …
Article • August 15, 2021 • from CLN September, 2021
Two T-shirts Cost Louisiana Man 20 Years by Edward Lyon by Ed Lyon Guy Frank first became involved with Louisiana’s criminal justice system in 1975 at age 22. Over the next quarter century, Frank would be arrested 36 times and would be convicted several times for theft and possession of …
Article • August 15, 2021 • from CLN September, 2021
Filed under: Pardons/Clemency
The People Have Spoken: Clemency Appointments Should Follow the Will of the People by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Executive Clemency, the process of granting a modified or revised prison sentence at the behest of the Office of the President of the United States, continues to be a …
Article • August 15, 2021 • from CLN September, 2021
The Federal Habeas Corpus: Government’s Response and Your Reply by Dale Chappell by Dale Chappell After working hard to set out the claims in your federal habeas corpus petition, along comes the person having custody over you and files a response in court that recharacterizes your claims and makes you …
Article • July 15, 2021 • from CLN August, 2021
Fourth Circuit: Appeal Waiver Does Not Bar Challenge to Special Conditions Not Orally Pronounced in Open Court by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held that a challenge to non-mandatory conditions of supervised release that were not orally pronounced in open court …
Article • June 15, 2021 • from CLN July, 2021
Tenth Circuit: District Courts Have Authority to Decide What Constitutes ‘Extraordinary and Compelling Reasons’ for Compassionate Release After First Step Act by Dale Chappell by Dale Chappell In a case that received much attention in the compassionate release arena, the U.S. Court of Appeals for the Tenth Circuit held on …
Article • June 15, 2021 • from CLN July, 2021
Filed under: Habeas Corpus
Federal Habeas Corpus: Discovery and Expanding the Record by Dale Chappell by Dale Chappell Winning in federal habeas corpus comes down to whether the record either supports or forecloses your claims. Your goal is to develop the record with arguments and evidence that are not in the current criminal record …
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: Habeas Corpus, AEDPA
SCOTUS Reaffirms Habeas Court Must Consider Entire Record Before ‘Disturbing’ a State Criminal Judgment by Dale Chappell by Dale Chappell In a case without oral argument, the Supreme Court of the United States (“SCOTUS”) summarily reversed the grant of a new trial to a state prisoner on March 29, 2021, …
Publication • 2021
Filed under: Sentencing
The Sentencing Project, Women Serving Life Without Parole and Death Sentences in the United States, 2021 In The Extreme Women Serving Life Without Parole and Death Sentences in the United States ~ ~ ~~:TENCING PROJECT RESEARCH AND ADVOCACY FOR REFORM Nat·onal Black Women's Justice Institute Camell aw School Cornell CPnter …
Publication • 2021
Filed under: Wrongful Conviction
Pain, Suffering, and Jury Awards - a Study of the Cost of Wrongful Convictions, 2021 Pain, Suffering and Jury Awards: A Study of the Cost of Wrongful Convictions Mark A. Cohen* June 2021 Abstract This paper estimates the cost of wrongful convictions and the time spent in prison based on …
Publication • 2021
Filed under: Sentencing
US Sentencing Commission, Federal Sentencing of Child Pornography Production Offenses, 2021 Federal Sentencing of Child Pornography: Production Offenses United States Sentencing Commission October 2021 FEDERAL SENTENCING OF CHILD PORNOGRAPHY PRODUCTION OFFENSES i Federal Sentencing of Child Pornography: Production Offenses CHARLES R. BREYER Acting Chair PATRICIA K. CUSHWA Ex Officio JONATHAN …
Publication • 2021
Long Road to Nowhere - How Southern States Struggle With Long-Term Incarceration, 2021 LONG ROAD TO NOWHERE How Southern States Struggle with Long-Term Incarceration February 2021 SPLC IACTION @ Electronic copy available at: https://ssrn.com/abstract=3820857 About the SPLC Action Fund The SPLC Action Fund is a catalyst for racial justice in …
Publication • 2021
Filed under: Parole
University of TX, Dead Man Waiting - Profile of Deaths in TX Prisons Among People Approved for Parole Release, 2021 COVID, Corrections, and Oversight Project ~~, June 2021 DEAD MAN WAITING: A brief profile of deaths in Texas prisons among people approved for parole release Michele Deitch, Destiny Moreno, and …
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