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Article • April 15, 2021 • from CLN May, 2021
Filed under: Habeas Corpus
Federal Habeas Corpus: Filing Procedures by Dale Chappell by Dale Chappell You’ve got “one clean shot” atfederal habeas corpus relief, so understanding how to properly file that motion is crucial. There aren’t any “do-overs” in federal habeas corpus, and there are lots of procedural obstacles that can kill your attempt …
Article • April 15, 2021 • from CLN May, 2021
Ninth Circuit: State’s Forced Medication Order Was Properly Challenged Under Federal Habeas Corpus by Dale Chappell by Dale Chappell Rarely may a federal court intrude on a criminal case in state court, unless there’s a chance of “irreparable harm” if the court doesn’t intervene. World Famous Drinking Emporium, Inc. v. …
Article • April 15, 2021 • from CLN May, 2021
D.C. Circuit Highlights Racial Disparity Concerns With First Step Act After District Court Erroneously Denies Relief by Dale Chappell by Dale Chappell Citing the First Step Act’s purpose of correcting the racial disparities under the severe crack cocaine sentences handed out for decades, the U.S. Court of Appeals for the …
Article • April 15, 2021 • from CLN May, 2021
Seventh Circuit: District Court Retains Jurisdiction When Habeas Petitioner Moves to Prison Outside of District by Dale Chappell by Dale Chappell Settling issues of habeas corpus jurisdiction that have been less than clear in previous cases, the U.S. Court of Appeals for the Seventh Circuit held on February 12, 2021, …
Article • March 15, 2021 • from CLN April, 2021
Hundreds Serving Life Due to Less Than Unanimous Jury Verdicts by Edward Lyon by Ed Lyon After the U.S. Civil War and followingthe 13th and 14th Amendments to the Constitution that banned slavery, laws designed to disadvantage Black people were passed throughout former Rebel states. Those legislative acts became known …
Article • March 15, 2021 • from CLN April, 2021
Philadelphia Man Exonerated After Police Cover-Up Exposed by Casey Bastian by Casey J. Bastian On December 16, 2020, Termaine Hicks received what he calls “the best news I’ve heard in all my life.” Hicks learned that, after 19 years in prison for crimes he did not commit, he was finally …
Article • March 15, 2021 • from CLN April, 2021
Faulty Forensics and Wrongful Convictions by Matthew Clarke by Matt Clarke Faulty forensics play a major role in causing known wrongful convictions in the United States. Just how big of a role the application of science to justice plays in sending the innocent to prison depends upon your definition of …
Article • March 15, 2021 • from CLN April, 2021
Ohio Supreme Court: Retroactive Application of Sexually Violent Predator Law Violates Ex Post Facto Clause by Dale Chappell by Dale Chappell The Supreme Court of Ohio held that applying a harsher version of the state’s sexually violent predator law (“SVP”) retroactively to criminal conduct that occurred prior to that newer …
Massachusetts Supreme Court Announces ‘Habitual Offender’ Statute Allows for Sentence of Probation Only by Dale Chappell by Dale Chappell Because the law ambiguously provides that a court must impose the “maximum term” for a prison sentence for someone convicted as a “habitual criminal,” the Massachusetts Supreme Judicial Court, applying the …
Article • February 16, 2021
Session’s Directive to Seek Harshest Sentencing Rescinded by by Kevin Bliss Acting Attorney General Monty Wilkinson recently issued a memo to the Department of Justice (DOJ) rescinding a Trump-era policy of seeking the highest charges and the longest sentence possible for offenders in all criminal cases. In 2013, Former Attorney …
Article • February 15, 2021 • from CLN March, 2021
Filed under: Wrongful Conviction
Walter Forbes of Michigan Exonerated After 37 Years in Prison by Kevin Bliss by Kevin Bliss Walter Forbes was exonerated, then freed in November 2020 after 37 years in prison for an arson and murder he did not commit. The state’s key witness admitted to fabricating the story that convicted …
Article • February 15, 2021 • from CLN March, 2021
Ohio Supreme Court: Jury Must Find Use of Force, Not Sentencing Court, for Mandatory Minimum Sentences by Anthony Accurso by Anthony Accurso The Supreme Court of Ohio held that a determination as to whether a defendant used force in the commission of the offense – a finding which raises the …
Article • February 15, 2021 • from CLN March, 2021
Second Circuit Clarifies What Constitutes ‘Possession of a Dangerous Weapon’ and ‘Physical Restraint’ Under the Guidelines by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit held that merely gesturing with a hand that a defendant possessed a gun during a robbery and ordering bystanders …
Article • February 15, 2021 • from CLN March, 2021
A 22-Year-Long Path to Justice by Jayson Hawkins by Jayson Hawkins In October 1993, 19-year-old Sean Ellis was arrested by Boston police for the murder of Detective John Mulligan. For more than 22 years after that day, Ellis fought his subsequent conviction, continually professed his innocence, and brought much-­needed attention …
Article • February 15, 2021 • from CLN March, 2021
Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Third Circuit handed down an opinion on December 21, 2020, holding that the prohibition against a subsequent resentencing in § 404(c) …
Article • February 15, 2021 • from CLN March, 2021
Seventh Circuit Joins Other Circuits Holding Any Crack Cocaine Offense Under § 841 Qualifies for First Step Act Relief by Dale Chappell by Dale Chappell In a case broadening the scope of relief for crack cocaine offenders under the First Step Act, the U.S. Court of Appeals for the Seventh …
Article • February 15, 2021 • from CLN March, 2021
Filed under: Habeas Corpus
Column: Raising Successful Federal Habeas Corpus Claims by Dale Chappell by Dale Chappell Criminal cases are often riddled with errors. Judges err, prosecutors err, and of course defense lawyers are far from perfect. But when it comes to federal habeas corpus, not all errors are worth raising. Perhaps the most …
Article • January 15, 2021 • from CLN February, 2021
Eighth Circuit Affirms Habeas Relief, Finds Arkansas Supreme Court Wrongly Denied Defendant’s Self-Representation Request by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eighth Circuit affirmed the grant of habeas corpus relief on December 18, 2020, agreeing that the Arkansas Supreme Court wrongly denied a defendant’s …
Article • January 15, 2021 • from CLN February, 2021
Louisiana Supreme Court Vacates Murder Conviction for Speedy Trial Violation by Dale Chappell by Dale Chappell In a case where state prosecutors delayed retrying a defendant after his conviction was vacated, the Supreme Court of Louisiana held that the State’s delay violated the speedy trial rules and vacated the murder …
Article • January 15, 2021 • from CLN February, 2021
Staggering Injustice by Derek Gilna Experts Say Cross-Racial Eyewitness Identification Errors Are Widespread and Contribute to Thousands of Wrongful Convictions by Derek Gilna In a time where much of the American criminal justice system is justifiably under intense pressure to eliminate potential racial bias, there is at least one issue …
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