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Seventh Circuit: Sentences for ‘Non-Covered’ Offenses Can Also Be Reduced Under First Step Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit ruled on July 22, 2020, that when a “covered offense” under the First Step Act is reduced, a non-covered offense may …
Article • September 15, 2020 • from CLN October, 2020
Fourth Circuit Grants ‘SOS’ § 2254 Petition Attacking Three-Decade-Old Murder Conviction Based on New Evidence by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit granted permission for a state prisoner to file a second or successive (“SOS”) habeas corpus petition in the federal court …
Article • September 15, 2020 • from CLN October, 2020
Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit publishes more orders denying “second or successive” habeas corpus petitions (“SOS applications”) than any other Circuit, and it then …
Article • September 15, 2020 • from CLN October, 2020
Seventh Circuit: District Court Abused Discretion by Denying Relief Without First Considering Recalculations Under First Step Act by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Western District of Wisconsin abused its discretion when it denied …
Article • September 15, 2020 • from CLN October, 2020
California Supreme Court Vacates LWOP Sentence After Its Recent Cases Clarifying ‘Special Circumstance’ Murder by Dale Chappell by Dale Chappell The Supreme Court of California vacated a life without parole (“LWOP”) sentence imposed in a first-degree murder conviction, applying its recent decisions clarifying a “special circumstance” to allow such a …
Article • September 15, 2020 • from CLN October, 2020
Fourth Circuit: Releasee Under First Step Act Can’t ‘Bank’ Extra Time Spent in Prison Toward Future Supervised Release Violation by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit ruled that a prisoner immediately released under the First Step Act of 2018 could not “bank” …
Article • September 15, 2020 • from CLN October, 2020
Filed under: Habeas Corpus
Ninth Circuit Clarifies Use of Rule 60(b) for Changes in Law by Dale Chappell by Dale Chappell When a prisoner uses his one good shot at habeas corpus relief in federal court, it can be disheartening when the law that foreclosed relief changes after the case has been closed. The …
Article • September 15, 2020 • from CLN October, 2020
California Supreme Court Announces New Time Limit for Habeas ‘Appeal’ Stages, Clarifying Tolling for Federal Habeas Petitioners by Dale Chappell by Dale Chappell The Supreme Court of California, on July 20, 2020, established a new time limit for filing subsequent habeas corpus petitions in state courts that clarifies when a …
Brief • August 24, 2020
Filed under: Wrongful Conviction
Long v. Hooks, NC, Decision, Wrongful Conviction, 2020 USCA4 Appeal: 18-6980 Doc: 75 Filed: 08/24/2020 Pg: 1 of 125 ON REHEARING EN BANC PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6980 RONNIE WALLACE LONG, Petitioner - Appellant, v. ERIK A. HOOKS, Secretary, NC Dep’t of Public …
Article • August 15, 2020 • from CLN September, 2020
Seventh Circuit: ‘Especially Compelling Justification’ Required for Same Maximum Sentence on Resentencing by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held on June 19, 2020, that a district court resentencing someone again to the maximum sentence possible and well over double the recommended …
Seventh Circuit Explains ‘Conduct That is Part of Common Scheme or Plan’ for Sentencing Purposes by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit explained the meaning of conduct that is “part of the same course of conduct or common scheme or plan” when …
Article • August 15, 2020 • from CLN September, 2020
Seventh Circuit Holds First Step Act Applies to All Crack Offenses ‘As a Whole,’ Regardless of Crack Amounts by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held on April 28, 2020, that eligibility under the First Step Act’s retroactive application of the Fair …
After a Decade of Fighting, The Last Resort Exoneration Project Finally Frees Two Wrongfully Convicted of Murder by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Kevin Baker and Sean Washington, having served nearly 25 years on a double murder sentence and facing life in prison, never gave up hope because …
Article • August 15, 2020 • from CLN September, 2020
Wrongfully Convicted Virginians Now Have Chance to Prove Innocence Due to Amendments to Writ of Actual Innocence by Douglas Ankney by Douglas Ankney Perhaps now those who are actually innocent in Virginia will be able to prove their claims, thanks to legislation signed by Governor Ralph Northam. The Writ of …
Article • August 15, 2020 • from CLN September, 2020
Filed under: Habeas Corpus, AEDPA, Shackles
Sixth Circuit Grants Habeas Relief for Defendant Shackled During Murder Trial Without On-the-Record Justification by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit granted conditional habeas corpus relief to a Michigan prisoner who alleged that the use of shackles upon him during trial …
Article • August 15, 2020 • from CLN September, 2020
Second Circuit Announces Categorical Approach Applies to State Convictions for Sentencing Enhancement Determination Under 21 U.S.C. § 841(b)(1)(B) by Matthew Clarke by Matt Clarke On June 8, 2020, the U.S. Court of Appeals for the Second Circuit announced that federal courts are directed to use the categorical approach “to identify …
Article • July 15, 2020 • from CLN August, 2020
Eighth Circuit Affirms Habeas Relief Decades After Conviction Because Prosecutor Destroyed Evidence Prior to Trial by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eighth Circuit affirmed habeas relief to two codefendants on April 29, 2020, after an Arkansas state prosecutor (now a state supreme court …
Article • July 15, 2020 • from CLN August, 2020
Filed under: Wrongful Conviction
Never Convicted but Never Exonerated, Either by Edward Lyon by Ed Lyon Issues facing exonerees and wrongfully convicted individuals have been recurring topics in CLN and PLN. Still, there’s another category of arguably similarly situated citizens that must also be paid some attention: Those who were wrongfully accused of crimes …
Article • July 15, 2020 • from CLN August, 2020
Fourth Circuit: Erroneous Career Offender Sentence Correctable in First Step Act Resentencing by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on April 23, 2020, that a retroactive change in law that rendered a career offender sentence erroneous required a district court to …
Article • July 15, 2020 • from CLN August, 2020
Filed under: Wrongful Conviction
Idaho Exoneree Fights for Wrongful Conviction Compensation by Edward Lyon by Ed Lyon Christopher Tapp of Idaho Falls, Idaho, was convicted of a murder and rape after 20-plus hours of interrogations over a three-week period in 1996. He was 19 at the time of his arrest. Despite being innocent of …
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