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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 …
Article • July 15, 2020 • from CLN August, 2020
$8 Million Settlement for Wrongfully Convicted and Imprisoned Missouri Man by Kevin Bliss by Kevin Bliss David Robinson settled out of court with the city of Sikeston, Missouri, for $8 million for a wrongful murder conviction, which forced him to spend 18 years in prison for a crime he did …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Wrongful Conviction
Courts Oppose Prosecutors’ Attempts to Right Past Wrongs by Douglas Ankney by Douglas Ankney Over the past 10 years, a growing number of reform-minded prosecutors has emerged across the U.S., seeking not only to reform current tough-on-crime practices but also to acknowledge mistakes of the past. For example, in 2018, …
Article • June 15, 2020 • from CLN July, 2020
Sixth Circuit: Courts May Consider Good Prison Conduct in Sentence Reduction Under First Step Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on April 14, 2020, that a sentencing court may consider a prisoner’s good conduct in fashioning a lower sentence …
First Circuit: Sentence Imposed Under 21 U.S.C. § 841(a)(1), (b)(1)(c) Is ‘Covered Offense’ Under § 404 of First Step Act by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that a conviction for violation of 21 U.S.C. § 841(a)(1) is a “covered offense” …
Article • June 15, 2020 • from CLN July, 2020
Fifth Circuit Clarifies How ‘Pronouncement Requirement’ Applies to Supervision Conditions by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit clarified how the requirement that a district court pronounce its sentence in the presence of the defendant applies to conditions of supervised release. After Rosie, …
Article • June 15, 2020 • from CLN July, 2020
Army Veteran Serving Life Without Parole for Taking $9 by Douglas Ankney by Douglas Ankney Willie Simmons became addicted to drugs while in the Army and stationed abroad. In 1982, he was in Alabama and “in need of a quick fix.” Simmons wrestled a man to the ground and took …
Article • June 15, 2020 • from CLN July, 2020
Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on March 4, 2020, that the savings clause of 28 U.S.C. § 2255(e) is available even if based on …
Brief • June 5, 2020
Filed under: Wrongful Conviction
Rubalcava v. City of San Jose, CA, Complaint, Wrongful Conviction, 2020 Case 5:20-cv-04191-BLF Document 1 Filed 06/25/20 Page 1 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Nick Brustin (NY Bar …
Publication • 2020
Filed under: First Step Act
Dept of Justice, the First Step Act of 2018 - Risk and Needs Assessment System UPDATED, 2020 U.S. Department of Justice Office of the Attorney General The First Step Act of 2018: Risk and Needs Assessment System - UPDATE January 2020 __________________________ Table of Contents I. Introduction ...................................................................................... 1 II. …
Publication • 2020
Filed under: Sentencing
The Role of Judicial Political Affiliation in Criminal Sentencing Outcomes, 2020 Draft – Do not cite without authors’ permission THE ROLE OF JUDICIAL POLITICAL AFFILIATION IN CRIMINAL SENTENCING OUTCOMES Wendy R. Calaway,1 Jennifer M. Kinsley,2 and Taylor Wadian3 ABSTRACT Legislative efforts to bring consistency to criminal sentencing outcomes has been …
Publication • 2020
Filed under: First Step Act
The First Step Act - Constitutionalizing Prison Release Policies THE FIRST STEP ACT – CONSTITUTIONALIZING PRISON RELEASE POLICIES Harold J. Krent* and Robert Rucker** Predictions of future violence play a central role in most systems of criminal justice. Such assessments help determine the amount of bail imposed, the length of …
Publication • 2020
Filed under: Sentencing
Narrating Context and Rehabilitating Rehabilitation - Federal Sentencing Work in Yale Law School's Challenging Mass Incarceration Clinic \\jciprod01\productn\N\NYC\27-1\NYC101.txt unknown Seq: 1 20-OCT-20 7:49 NARRATING CONTEXT AND REHABILITATING REHABILITATION: FEDERAL SENTENCING WORK IN YALE LAW SCHOOL’S CHALLENGING MASS INCARCERATION CLINIC MIRIAM GOHARA 1 ABSTRACT The Challenging Mass Incarceration Clinic (CMIC) at …
Publication • 2020
Filed under: Pardons/Clemency
Justice Policy Center - How Governors Can Use Categorical Clemency as a Corrective Tool 2020 JUSTICE POLICY CENTER RE S E AR CH RE P O R T How Governors Can Use Categorical Clemency as a Corrective Tool Lessons from the States Leah Sakala Roderick Taylor Colette Marcellin November 2020 …
Is Solitary Confinement a Punishment?, Northwestern University Law Review, 2020 ROUGH DRAFT IS SOLITARY CONFINEMENT A PUNISHMENT? John F. Stinneford Nulla poena sine lege—no punishment without law—is one of the oldest and most universally accepted principles of English and American law. 1 Today, thousands of American prisoners are placed in …
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