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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 …
Publication • 2021
Filed under: Wrongful Conviction
Pain Suffering and Jury Awards a Study of the Cost of Wrongful Convictions-June 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 a …
Article • May 15, 2021 • from CLN June, 2021
Sixth Circuit Follows Trend of Reigning in Commentary’s Impermissible Expansion of Sentencing Guidelines by Douglas Ankney by Douglas Ankney A decision of the U.S. Court of Appeals for the Sixth Circuit followed a trend among the federal circuits in declaring it impermissible for the commentary to the U.S. Sentencing Guidelines …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Habeas Corpus, AEDPA
Fourth Circuit Finally Holds Davis Retroactive by Dale Chappell by Dale Chappell In a case that numerous federal habeas petitioners have been awaiting, the U.S. Court of Appeals for the Fourth Circuit held on February 23, 2021, that the decision in United States v. Davis, 139 S. Ct. 2319 (2019), …
Article • May 15, 2021 • from CLN June, 2021
Debunked Bite-Mark Comparison Evidence: Wrongfully Convicted Man Freed After Spending Over 25 Years on Death Row by Casey Bastian by Casey J. Bastian Eddie Lee Howard, now 67, is a Black man who spent more than a quarter-century fighting not only to prove his innocence, but for his very life. …
Article • May 15, 2021 • from CLN June, 2021
$1.4 Million for Nevada Man Wrongly Imprisoned Over 20 Years by Dale Chappell by Dale Chappell After more than two decades behind bars for a murder he didn’t commit, Fred Steese walked into a Las Vegas courtroom on March 1, 2021, to be awarded $1.4 million by the state but …
Brief • April 16, 2021
Filed under: Wrongful Conviction
Birch v. Town of New Milford, CT, Complaint, Wrongful Conviction, 2021 Case 3:20-cv-01790-VAB Document 54 Filed 04/16/21 Page 1 of 57 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT RALPH BIRCH, Plaintiff, No. 3:20-CV-1790 (VAB) v. TOWN OF NEW MILFORD; ANDREW OCIF; SCOTT O’MARA; JOHN MUCHERINO; STEVEN JORDAN; JOSEPH QUARTIERO; MICHAEL …
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