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Article • December 15, 2020 • from CLN January, 2021
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 …
Article • December 15, 2020 • from CLN January, 2021
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 …
Article • December 15, 2020 • from CLN January, 2021
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 …
Article • December 15, 2020 • from CLN January, 2021
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 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 …
Article • November 15, 2020 • from CLN December, 2020
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 …
Article • November 15, 2020 • from CLN December, 2020
First Circuit Announces Residual Clause of U.S.S.G. § 4B1.2(a)(2) When Applied Pre-Booker Is Unconstitutional Under Johnson by Douglas Ankney by Douglas Ankney Bucking the trend among the majority of federal circuits, the U.S. Court of Appeals for the First Circuit announced that the residual clause of U.S. Sentencing Guidelines (“U.S.S.G.” …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Habeas Corpus
Federal Habeas Corpus: Time Limits for Filing by Dale Chappell by Dale Chappell In my first column in this series on federal habeas corpus for state and federal prisoners, we’ll go over time limits for filing in federal court and how those time limits are calculated. The following information is …
Article • November 15, 2020 • from CLN December, 2020
Third Circuit Announces Resentencing Under First Step Act Requires Use of § 3553(a) Factors by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Third Circuit held on September 15, 2020, that when a district court determines that a person is eligible for sentencing relief under the …
Sixth Circuit Vacates Sentence Where Upward Variance Based on Criminal History Had Little Bearing on Instant Offense by Douglas Ankney   by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit vacated the U.S. District Court for the Western District of Michigan’s sentence where the sentence imposed was …
Article • November 15, 2020 • from CLN December, 2020
Second Circuit Announces Compassionate Release Motion by Prisoner Not Constrained by Outdated Guideline § 1B1.13, Application Note 1(D) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit held on September 25, 2020, that the outdated compassionate release guideline under U.S. Sentencing Guidelines Manual § …
Article • November 15, 2020 • from CLN December, 2020
Maine Supreme Court: SORNA Ruled Ex Post Facto Punishment for Defendant by Anthony Accurso by Anthony Accurso In a decision issued August. 13, 2020, the Maine Supreme Judicial Court held that the Sex Offender Registration and Notification Act of 1999 (“SORNA of 1999”) was unconstitutionally applied to a defendant in …
Article • October 15, 2020 • from CLN November, 2020
Fourth Circuit Announces Discretionary Conditions of Supervision Must Be Orally Pronounced at Sentencing by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit reversed and remanded for resentencing a case because the U.S. District Court for the Western District of North Carolina imposed 26 conditions …
Article • October 15, 2020 • from CLN November, 2020
Mississippi Supreme Court Vacates Capital Murder Conviction Obtained With Bite Mark Comparison Evidence by Matthew Clarke by Matt Clarke On August 27, 2020, the Supreme Court of Mississippi held that a change in the guidelines of the American Board of Forensic Odontology (“ABFO”) prohibiting testimony that bite mark comparison could …
Article • October 15, 2020 • from CLN November, 2020
First Circuit: Dangerousness of Machine Guns Not Justification for Above-Guidelines Sentence by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the First Circuit held on August 3, 2020, that the U.S. District Court for the District of Puerto Rico’s focus on the dangerousness of machine guns and …
Article • October 15, 2020 • from CLN November, 2020
Eleventh Circuit: Time Served Adjustment Is Mandatory Under Sentencing Guidelines Even After Booker by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Eleventh Circuit ruled U.S.S.G. § 5Gl.3(b)(l)’s “a court shall adjust the sentence” for time served on a related state crime is mandatory once the …
Article • October 15, 2020 • from CLN November, 2020
Powerful New Tool Reveals Federal Sentencing Problems by Dale Chappell by Dale Chappell A powerful new database combines data from multiple sources in order to provide more useful information about federal sentencing. The ground-breaking service is a first of its kind and has been an eye-opener about what’s really going …
Article • October 15, 2020 • from CLN November, 2020
Sixth Circuit Finds IAC for Failure to Raise ‘Clearly Foreshadowed’ Change in Law on Appeal by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on August 20, 2020, that appellate counsel’s failure to raise a “clearly foreshadowed” change in decisional law that would’ve …
Fifth Circuit Grants Habeas Relief Because Detective’s Testimony of Witness Identification of Defendant Violates Confrontation Clause by Dale Chappell by Dale Chappell In a case where a prosecutor pulled statements from a detective during testimony before a jury that tied a defendant to the crime – and without that witness …
California Supreme Court Reverses Murder Conviction and Death Sentence Because Police Failed To Honor Defendant’s Request for Counsel by Douglas Ankney by Douglas Ankney The Supreme Court of California reversed the murder conviction and death sentence of Paul Nathan Henderson because the police continued to question him after he made …
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