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First Circuit Announces Residual Clause of U.S.S.G. § 4B1.2(a)(2) When Applied Pre-Booker Is Unconstitutional Under Johnson
Article • November 15, 2020 • from CLN December, 2020
Filed under: U.S. Sentencing Guidelines
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.” …
Federal Habeas Corpus: Time Limits for Filing
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 …
Third Circuit Announces Resentencing Under First Step Act Requires Use of § 3553(a) Factors
Article • November 15, 2020 • from CLN December, 2020
Filed under: U.S. Sentencing Guidelines, First Step Act
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
Article • November 15, 2020 • from CLN December, 2020
Filed under: U.S. Sentencing Guidelines, Criminal Sexual Abuse, Resentencing, Probation, Parole & Supervised Release, Substantively Unreasonable
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 …
Second Circuit Announces Compassionate Release Motion by Prisoner Not Constrained by Outdated Guideline § 1B1.13, Application Note 1(D)
Article • November 15, 2020 • from CLN December, 2020
Filed under: U.S. Sentencing Guidelines, First Step Act, Compassionate Release
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 § …
Maine Supreme Court: SORNA Ruled Ex Post Facto Punishment for Defendant
Article • November 15, 2020 • from CLN December, 2020
Filed under: Ex Post Facto, Sex Offender Registration and Notification Act
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 …
Fourth Circuit Announces Discretionary Conditions of Supervision Must Be Orally Pronounced at Sentencing
Article • October 15, 2020 • from CLN November, 2020
Filed under: U.S. Sentencing Guidelines, Sentencing Hearing
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 …
Mississippi Supreme Court Vacates Capital Murder Conviction Obtained With Bite Mark Comparison Evidence
Article • October 15, 2020 • from CLN November, 2020
Filed under: junk science, Wrongful Conviction
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 …
First Circuit: Dangerousness of Machine Guns Not Justification for Above-Guidelines Sentence
Article • October 15, 2020 • from CLN November, 2020
Filed under: U.S. Sentencing Guidelines, Sentence Enhancements/Departures
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 …
Eleventh Circuit: Time Served Adjustment Is Mandatory Under Sentencing Guidelines Even After Booker
Article • October 15, 2020 • from CLN November, 2020
Filed under: U.S. Sentencing Guidelines, Sentences - Adjustments and Departures
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 …
Powerful New Tool Reveals Federal Sentencing Problems
Article • October 15, 2020 • from CLN November, 2020
Filed under: U.S. Sentencing Guidelines, EP2P Software
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 …
Sixth Circuit Finds IAC for Failure to Raise ‘Clearly Foreshadowed’ Change in Law on Appeal
Article • October 15, 2020 • from CLN November, 2020
Filed under: Habeas Corpus, Ineffective Assistance of Counsel
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
Article • October 15, 2020 • from CLN November, 2020
Filed under: Habeas Corpus, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony
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
Article • October 15, 2020 • from CLN November, 2020
Filed under: Wrongful Conviction, Edwards v. Arizona Rule, Invocation of Rights, Interrogation
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 …
Sixth Circuit: Michigan Courts’ Procedure Allowing Appellate Counsel’s Withdrawal Unconstitutional
Article • October 15, 2020 • from CLN November, 2020
Filed under: Habeas Corpus, Counsel - Withdrawal/Substitution of
Sixth Circuit: Michigan Courts’ Procedure Allowing Appellate Counsel’s Withdrawal Unconstitutional by David Reutter by David M. Reutter The U.S. Circuit Court of Appeals for the Sixth Circuit held that Michigan courts unreasonably applied clearly established federal law by allowing a defendant’s appellate counsel to withdraw and failing to appoint replacement …
Fourth Circuit Expands First Step Act’s ‘Covered Offense’ to All of Section 841
Article • October 15, 2020 • from CLN November, 2020
Filed under: First Step Act, Crack Cocaine
Fourth Circuit Expands First Step Act’s ‘Covered Offense’ to All of Section 841 by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit expanded the First Step Act’s “covered offense” for crack cocaine sentence reductions to include all of the federal statute penalizing crack cocaine …
Wilson v. County of Los Angeles, CA, Settlement Agreement, Wrongful Conviction, 2020
Brief • September 18, 2020
Filed under: Police Misconduct, Prosecutor/Attorney General Misconduct, Wrongful Conviction, witness misidentification, Failure to Disclose, Perjury/Perjured Testimony, Evidence - Failure to Disclose, Evidence - Destruction/Fabrication/Manipulation of
Wilson v. County of Los Angeles, CA, Settlement Agreement, Wrongful Conviction, 2020 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims ("Agreement") is made and entered into by and between Plaintiff Andrew Wilson ("Plaintiff'), on the one hand, and Defendant County of Los Angeles …
Michigan Supreme Court: Probation Compliance Check During Unlawfully Extended Probation Was Unauthorized Warrantless Search
Article • September 15, 2020 • from CLN October, 2020
Filed under: Overdetention, Warrantless Searches, Probation, Parole & Supervised Release
Michigan Supreme Court: Probation Compliance Check During Unlawfully Extended Probation Was Unauthorized Warrantless Search by Matthew Clarke by Matt Clarke The Supreme Court of Michigan ruled that a probation officer who found heroin during a compliance check after the probation had ended and then been unlawfully extended conducted an unauthorized …
Second Circuit: District Court’s Failure to Offer Explanation for Its Sentence Constitutes Plain Error
Article • September 15, 2020 • from CLN October, 2020
Filed under: U.S. Sentencing Guidelines, Failure to Instruct on Materiality as an Element of Crime
Second Circuit: District Court’s Failure to Offer Explanation for Its Sentence Constitutes Plain Error by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that a district court’s failure to offer an explanation for its sentence was plain error in violation of 18 U.S.C. …
Indiana Supreme Court: Must Be Immediate Causal Connection Between Confrontation and Other Crime by Defendant to Negate Self-Defense
Article • September 15, 2020 • from CLN October, 2020
Filed under: U.S. Sentencing Guidelines, Degree of connection to charged crimes
Indiana Supreme Court: Must Be Immediate Causal Connection Between Confrontation and Other Crime by Defendant to Negate Self-Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana reaffirmed the standard set forth in Mayes v. State, 744 N.E.2d 390 (Ind. 2001), that held a statute barring a claim …
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