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Eighth Circuit Announces ‘Use of Minor’ Enhancement Inapplicable for Merely Buying Firearm From Minor
Article • January 15, 2021 • from CLN February, 2021
Filed under: U.S. Sentencing Guidelines, Minimal/Minor Participation
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 …
Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute
Article • January 15, 2021 • from CLN February, 2021
Filed under: U.S. Sentencing Guidelines, Lesser Harms, Predicate Acts/Offenses
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 …
Eleventh Circuit Announces Drug Offenses Involving Multiple Drugs Can Qualify as ‘Covered Offense’ Under First Step Act if Crack One of the Drugs
Article • January 15, 2021 • from CLN February, 2021
Filed under: First Step Act, Multiple Drugs
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
Article • January 15, 2021 • from CLN February, 2021
Filed under: Habeas Corpus, AEDPA, Ineffective Assistance of Counsel, Mitigating Role/Circumstances/Evidence
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, …
Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation
Article • January 15, 2021 • from CLN February, 2021
Filed under: U.S. Sentencing Guidelines
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 …
Eleventh Circuit: District Court ‘Mischaracterizing’ Habeas Claim Left Claim Unresolved in Violation of Clisby, Requiring Remand
Article • January 15, 2021 • from CLN February, 2021
Filed under: Habeas Corpus, De Novo Resentencing, Remands/Rehearings/Resentencings
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 …
Federal Habeas Corpus: Retroactivity of New Rules
Article • January 15, 2021 • from CLN February, 2021
Filed under: Retroactivity, Habeas Corpus
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 …
In Re Watts Coordinated Pretrial Proceedings-Henry Thomas' Response to Dft's Partial Motion to Dismiss, Wrongful Conviction, 2021
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 …
Ninth Circuit Reiterates Presumption of Innocence Remains Until Conviction, Grants Habeas Relief
Article • December 15, 2020 • from CLN January, 2021
Filed under: Habeas Corpus, Actual Innocence/Claim of Innocence, Improper Comments
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
Article • December 15, 2020 • from CLN January, 2021
Filed under: U.S. Sentencing Guidelines, Sentences - Corrections or Modifications of, Plea Agreements/Guilty Pleas
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 …
Wrongly Convicted North Carolina Man Released After 44 Years in Prison
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
Article • December 15, 2020 • from CLN January, 2021
Filed under: U.S. Sentencing Guidelines, RICO, Solicitation to Commit a Crime of Violence
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. …
Effective Crisis Management Without Police
Article • December 15, 2020 • from CLN January, 2021
Filed under: Alternative Sentencing, Mental Health
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 …
A New Style of Crime Documentary
Article • December 15, 2020 • from CLN January, 2021
Filed under: Police Misconduct, Judicial Misconduct, Wrongful Conviction, TV/Movies
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 …
Denver 911 Calls Routed to Mental Health Professionals
Article • December 15, 2020 • from CLN January, 2021
Filed under: Alternative Sentencing, Mental Health
Denver 911 Calls Routed to Mental Health Professionals by Jayson Hawkins by Jayson Hawkins Imagine for a moment, you just lost your job. The lack of income might soon push you into homelessness and a host of other troubles. Out of exasperation, you sit down on the curb, head in …
First Step Act Relief Shows Modest Results
Article • December 15, 2020 • from CLN January, 2021
Filed under: U.S. Sentencing Guidelines, First Step Act, Rita v. U.S.
First Step Act Relief Shows Modest Results by Dale Chappell by Dale Chappell Coming up on the two-year anniversary of the First Step Act passed in 2018 to undo unfair sentencing practices and ease overcrowding in federal prisons, the numbers show, at best, a modest result for those who have …
Sixth Circuit: Savings Clause Available for Retroactive Case of Statutory Interpretation Decided While § 2255 Motion on Appeal
Article • December 15, 2020 • from CLN January, 2021
Filed under: U.S. Sentencing Guidelines, General Savings Statute
Sixth Circuit: Savings Clause Available for Retroactive Case of Statutory Interpretation Decided While § 2255 Motion on Appeal by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on October 6, 2020, that a savings clause petition was the proper avenue to attack an …
First Circuit: Prosecution Under Puerto Rico and Federal Law for Same Drug Offense Constitutes Double Jeopardy
Article • December 15, 2020 • from CLN January, 2021
Filed under: U.S. Sentencing Guidelines, Double jeopardy, Drug Laws/Offenses
First Circuit: Prosecution Under Puerto Rico and Federal Law for Same Drug Offense Constitutes Double Jeopardy by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the First Circuit ruled that the Double Jeopardy Clause of the Fifth Amendment requires dismissal of a count in a federal indictment …
Arizona Supreme Court: Stipulated Plea Agreement Cannot Bar Review of Illegal Sentence
Article • December 15, 2020 • from CLN January, 2021
Filed under: U.S. Sentencing Guidelines, Appellate Jurisdiction/Review, Plea Agreements/Guilty Pleas
Arizona Supreme Court: Stipulated Plea Agreement Cannot Bar Review of Illegal Sentence by David Reutter by David M. Reutter The Supreme Court of Arizona held that the Court of Appeals “erred by effectively eliminating a defendant’s right to appeal a probation revocation sentence consistent with a plea agreement stipulation.” The …
Fourth and Fifth Circuits Reopen Decades-Old Cases for Habeas Relief Due to Brady Violations
Article • November 15, 2020 • from CLN December, 2020
Filed under: Habeas Corpus, Brady Violations
Fourth and Fifth Circuits Reopen Decades-Old Cases for Habeas Relief Due to Brady Violations by Dale Chappell by Dale Chappell Within weeks, the U.S. Courts of Appeals for the Fourth and Fifth Circuits opened the doors on two decades-old cases, allowing the possibility for habeas corpus relief based on withheld …
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