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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 …
Article • January 15, 2021 • from CLN February, 2021
Eighth Circuit Announces ‘Use of Minor’ Enhancement Inapplicable for Merely Buying Firearm From Minor by Dale Chappell by Dale Chappell In a question of first impression, the U.S. Court of Appeals for the Eighth Circuit vacated an enhanced sentence that was based on the “use of a minor to commit …
Article • January 15, 2021 • from CLN February, 2021
Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute by Douglas Ankney by Douglas Ankney The Supreme Court of Illinois ruled that the predicate offenses of the home invasion statute, 720 ILCS 5/12-11 et seq., are lesser-included offenses of that statute. A …
Article • January 15, 2021 • from CLN February, 2021
Eleventh Circuit Announces Drug Offenses Involving Multiple Drugs Can Qualify as ‘Covered Offense’ Under First Step Act if Crack One of the Drugs by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit held on December 9, 2020, that as long as one of the …
SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions by Dale Chappell by Dale Chappell In a decision highlighting the deference to state court decisions under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), the Supreme Court of the United States held on December 14, 2020, …
Article • January 15, 2021 • from CLN February, 2021
Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit vacated a nearly 20-year sentence after the U.S. District Court for the Western District of Texas cited what the Government …
Article • January 15, 2021 • from CLN February, 2021
Eleventh Circuit: District Court ‘Mischaracterizing’ Habeas Claim Left Claim Unresolved in Violation of Clisby, Requiring Remand by Dale Chappell by Dale Chappell In a case reiterating the Court’s hard rule that every claim must be addressed in a habeas petition before it is disposed, the U.S. Court of Appeals for …
Article • January 15, 2021 • from CLN February, 2021
Federal Habeas Corpus: Retroactivity of New Rules by Dale Chappell by Dale Chappell Wouldn’t it be nice if the U.S. Supreme Court actually said when its decision constitutes a new rule and whether it applies retroactively? If only things were so easy. I remember the first time I heard a …
Brief • January 15, 2021
Filed under: Wrongful Conviction
In Re Watts Coordinated Pretrial Proceedings-Henry Thomas' Response to Dft's Partial Motion to Dismiss, Wrongful Conviction, 2021 Case: 1:19-cv-01717 Document #: 178 Filed: 01/15/21 Page 1 of 33 PageID #:1449 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION In re: WATTS COORDINATED PRETRIAL PROCEEDINGS …
Article • December 15, 2020 • from CLN January, 2021
Ninth Circuit Reiterates Presumption of Innocence Remains Until Conviction, Grants Habeas Relief by Dale Chappell by Dale Chappell The U.S. Court of Appeals held that a prosecutor’s repeated statements to a jury that a defendant wasn’t presumed innocent violated the Constitution’s Due Process Clause and granted habeas relief. The case …
Court of Appeals of Maryland Clarifies Issues Involving Plea Agreements and Sentence Modifications Under Justice Reinvestment Act by David Reutter by David M. Reutter The Court of Appeals of Maryland answered four questions concerning the application of the Justice Reinvestment Act (“JRA”). The Court’s August 24, 2020, order focused on …
Article • December 15, 2020 • from CLN January, 2021
Filed under: Wrongful Conviction
Wrongly Convicted North Carolina Man Released After 44 Years in Prison by Douglas Ankney by Douglas Ankney In 1976, an all-White jury from Concord, North Carolina, convicted Ronnie Long, a Black man, of raping a White woman and sentenced him to 80 years in prison. He was convicted despite a …
Eleventh Circuit Holds RICO Conspiracy Doesn’t Qualify as Crime of Violence for § 924(c) Purposes and Defendant’s 120-Year Sentence Was Procedurally Unreasonable by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held that RICO conspiracy under 18 U.S.C. …
Article • December 15, 2020 • from CLN January, 2021
Effective Crisis Management Without Police by Jayson Hawkins by Jayson Hawkins One of the many new elements in the recently energized movements for social justice and criminal justice reform is the call to “defund police.” Often misconstrued as a desire to do away with law enforcement altogether, defund advocates are …
Article • December 15, 2020 • from CLN January, 2021
A New Style of Crime Documentary by Jayson Hawkins by Jayson Hawkins Documentaries about crime, especially murder, have been around for a very long time, but most merely seek to entertain or touch the nerve that compels people to watch tragedy unfold. These documentaries, regardless of whether they are feature-length …
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