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Private Citizens Carrying Guns Commit Fewer Crimes Than Cops
Article • July 17, 2019 • from CLN August, 2019
Filed under: Police Misconduct, Shootings, Police
Private Citizens Carrying Guns Commit Fewer Crimes Than Cops by Douglas Ankney by Douglas Ankney According to a study by the Crime Prevention and Research Center (“CPRC”), citizens with a permit to carry a concealed weapon “are convicted of misdemeanors and felonies at less than a sixth of the rate …
Massachusetts Supreme Court: Discharge From Civil Commitment 
Required When Examiners Conclude Defendant Is Not Sexually Dangerous
Article • July 17, 2019 • from CLN August, 2019
Filed under: Sex Offenders (Discrimination), Sex Offender Treatment, Civil Commitment
Massachusetts Supreme Court: Discharge From Civil Commitment Required When Examiners Conclude Defendant Is Not Sexually Dangerous by Douglas Ankney by Douglas Ankney Following convictions for two counts of rape of a child in 1977, Wayne Chapman was sentenced to prison for a term of 15 to 30 years. But later …
FAMM, Washington Lawyers’ Committee, NACDL Launch Compassionate Release Clearinghouse
Article • July 17, 2019 • from CLN August, 2019
Filed under: Criminal justice system reform
FAMM, Washington Lawyers’ Committee, NACDL Launch Compassionate Release Clearinghouse by First Step Act paves the way for a massive pro bono effort to represent sick, dying, and elderly prisoners in court. The following is a press release from FAMM: WASHINGTON – Thousands of sick, dying, and elderly federal prisoners who …
Seventh Circuit Orders Grant of Successive § 2255 Motion and 
Resentencing in Pre-Booker Mandatory Guidelines Case Involving Elements Clause’s Definition of ‘Crime of Violence’
Article • July 17, 2019 • from CLN August, 2019
Filed under: Sentencing
Seventh Circuit Orders Grant of Successive § 2255 Motion and Resentencing in Pre-Booker Mandatory Guidelines Case Involving Elements Clause’s Definition of ‘Crime of Violence’ by Chad Marks by Chad Marks In 1987, Todd D’Antoni was charged with selling cocaine to a juvenile resulting in her death. While being held in …
West Virginia Supreme Court Announces Parole Eligibility Statute for Prisoners Who Committed Crimes as Minors is Retroactive
Article • July 17, 2019 • from CLN August, 2019
Filed under: Parole, Juveniles
West Virginia Supreme Court Announces Parole Eligibility Statute for Prisoners Who Committed Crimes as Minors is Retroactive by Douglas Ankney by Douglas Ankney The Supreme Court of West Virginia announced that the provision of the Juvenile Sentencing Reform Act of 2014 that applies to parole eligibility for persons who committed …
California Supreme Court: Prop 47 Requires Dismissal of Conviction Based on a Predicate Felony That Is Later Reduced to a Misdemeanor
Article • July 17, 2019 • from CLN August, 2019
Filed under: Sentencing
California Supreme Court: Prop 47 Requires Dismissal of Conviction Based on a Predicate Felony That Is Later Reduced to a Misdemeanor by Douglas Ankney by Douglas Ankney The Supreme Court of California ruled that when the felony underlying a conviction for “street terrorism” is later reduced to a misdemeanor, then …
Hawai’i Supreme Court Remands for Resentencing Where Circuit Court Considered Defendant’s Refusal to Admit Guilt in Imposing Consecutive Sentences
Article • July 17, 2019 • from CLN August, 2019
Filed under: Sentencing
Hawai’i Supreme Court Remands for Resentencing Where Circuit Court Considered Defendant’s Refusal to Admit Guilt in Imposing Consecutive Sentences by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i remanded for resentencing in a case where the circuit court based the sentence, in part, on the defendant’s refusal to …
Maryland Court of Appeals Rules That Courts Must Ask Non Compound ‘Strong Feelings’ Question Upon Request During Voir Dire
Article • July 17, 2019 • from CLN August, 2019
Maryland Court of Appeals Rules That Courts Must Ask Non Compound ‘Strong Feelings’ Question Upon Request During Voir Dire by Douglas Ankney by Douglas Ankney The Court of Appeals of Maryland reaffirmed that, upon request, trial courts must ask non-compound “strong feelings question” of potential jurors during voir dire in …
Fourth Circuit: Cannot Substitute Career Offender Predicate on Collateral Review
Article • July 17, 2019 • from CLN August, 2019
Fourth Circuit: Cannot Substitute Career Offender Predicate on Collateral Review by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit reversed a district court’s denial of a defendant’s § 2255 motion, holding the lower court committed clear error when it rejected defendant’s claim that his …
Court Extends McQuiggin Actual Innocence Exception to Defaulted Legal Claim, Vacates § 924(c) Conviction
Article • July 16, 2019 • from CLN August, 2019
Court Extends McQuiggin Actual Innocence Exception to Defaulted Legal Claim, Vacates § 924(c) Conviction by Dale Chappell by Dale Chappell The U.S. District Court for the Eastern District of California held in a collateral proceeding on January 2, 2019, that McQuiggin’s actual innocence exception applies to a legal claim that …
Pennsylvania Supreme Court Holds Consent to Search Does Not Include K-9 Sniff When No K-9 Present When Consent Given and Wait 40 Minutes for Its Arrival
Article • July 16, 2019 • from CLN August, 2019
Filed under: Searches, Police, Traffic stop
Pennsylvania Supreme Court Holds Consent to Search Does Not Include K-9 Sniff When No K-9 Present When Consent Given and Wait 40 Minutes for Its Arrival by Dale Chappell by Dale Chappell In a case of first impression, the Supreme Court of Pennsylvania held that a search in connection with …
Fifth Circuit: Plain Error Requiring Resentencing Where Court Didn’t Give Defendant Chance to Speak at Sentencing Hearing and Prospective Allocution Provided Added Details to Lead Reasonable Judge to ...
Article • July 16, 2019 • from CLN August, 2019
Filed under: Sentencing
Fifth Circuit: Plain Error Requiring Resentencing Where Court Didn’t Give Defendant Chance to Speak at Sentencing Hearing and Prospective Allocution Provided Added Details to Lead Reasonable Judge to Reconsider Harsh Sentence by Michael Berk by Michael Berk The U.S. Court of Appeals for the Fifth Circuit remanded Jose Santos Figueroa-Coello’s …
Court Reporters Likely Fail to Accurately Transcribe Testimony for Speakers of ‘African American English’
Article • July 16, 2019 • from CLN August, 2019
Filed under: Racial Discrimination, Court Access, Trials
Court Reporters Likely Fail to Accurately Transcribe Testimony for Speakers of ‘African American English’ by Anthony Accurso by Anthony Accurso  A recent Vice.com article draws attention to a pioneering study that concludes court reporters exhibit low proficiency with African American English (“AAE”), and that the problem results in a systemic …
Bucklew v. Precythe
Article • July 16, 2019 • from CLN August, 2019
Bucklew v. Precythe by Michael Avery by Michael Avery If you want to know what it will be like having five Justices on the Supreme Court who are Federalist Society members, read the Court’s April 1 decision in Bucklew v. Precythe, 139 S.Ct. 1112. The five conservative Justices, in an …
From the Editor: Compassionate Release for Extraordinary and Compelling Reasons
Article • July 16, 2019 • from CLN August, 2019
Filed under: Release and Reentry, Post-release, ex-offender, re-entry
From the Editor: Compassionate Release for Extraordinary and Compelling Reasons by Richard Resch by Richard Resch As our regular readers know, there has been a relative flurry of activity recently involving the Compassionate Release Statute, 18 U.S.C. § 3582(c)(1)(A), the First Step Act of 2018, S. 3747, 115th Cong., and …
Parole a Detriment to Rehabilitation; ‘Less Is More’ Reform Sensible
Article • July 16, 2019 • from CLN August, 2019
Filed under: Parole, Post-release, ex-offender, re-entry
Parole a Detriment to Rehabilitation; ‘Less Is More’ Reform Sensible by Kevin Bliss by Kevin Bliss Prison reform advocates contend that parole does more to perpetuate recidivism than it does to monitor positive rehabilitation into society. Columbia University’s Justice Lab prepared a report in 2017 that stated that New York …
Minnesota Supreme Court Holds ‘Stalking-by-Mail’ and ‘Mail-Harassment’ Statutes are Facially Overbroad
Article • July 16, 2019 • from CLN August, 2019
Minnesota Supreme Court Holds ‘Stalking-by-Mail’ and ‘Mail-Harassment’ Statutes are Facially Overbroad by Douglas Ankney by Douglas Ankney The Supreme Court of Minnesota held that Minn. Stat. § 609.749(2)(6) (“stalking by mail”) and Minn. Stat. § 609.695(1)(3) (“mail harassment”) are facially overbroad. Juvenile defendant “A.J.B.” was convicted of stalking by mail …
Fifth Circuit: Denial of Habeas Petition as Successive Reversed Where Second Petition Challenges a Separate Judgment, by Same Court, Not Covered in First Petition
Article • July 16, 2019 • from CLN August, 2019
Filed under: Habeas Corpus
Fifth Circuit: Denial of Habeas Petition as Successive Reversed Where Second Petition Challenges a Separate Judgment, by Same Court, Not Covered in First Petition by Chad Marks by Chad Marks In 1991, Steve Vic Parker was convicted in a state court in Texas for unauthorized use of a motor vehicle …
‘DNA Mixtures,’ ‘Touch DNA,’ and Software-Enhanced Forensic DNA Analysis
Article • July 16, 2019 • from CLN August, 2019
Filed under: DNA Testing/Samples
‘DNA Mixtures,’ ‘Touch DNA,’ and Software-Enhanced Forensic DNA Analysis by Michael Berk by Michael Berk The premise that a DNA “match” conclusively overrides nearly all other evidence in a criminal case has become a deep-seated one over the 35 years since the inception of DNA profiling. Often, though, such views …
Sixth Circuit Holds Chalking Car Tires for Parking Enforcement Constitutes a Search Under Fourth Amendment
Article • July 16, 2019 • from CLN August, 2019
Filed under: Searches, Fourth Amendment, rights
Sixth Circuit Holds Chalking Car Tires for Parking Enforcement Constitutes a Search Under Fourth Amendment by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Sixth Circuit held that chalking the tires of parked vehicles to gather information about whether they have committed a parking violation constitutes …
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