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Indiana Supreme Court Announces Trial Court Must Resentence on All Underlying Felonies After Gang Enhancement Sentence Reversed on Appeal
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals, Trials
Indiana Supreme Court Announces Trial Court Must Resentence on All Underlying Felonies After Gang Enhancement Sentence Reversed on Appeal by Derek Gilna by Derek Gilna The Supreme Court of Indiana ruled that following the reversal of a gang enhancement sentence under Ind. Code § 35-50-2-15 the trial court on remand …
Eleventh Circuit Rules DEA’s Definition of Positional Isomer Does Not Apply to Substances on Temporary Schedule, Vacates Possession Conviction
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals
Eleventh Circuit Rules DEA’s Definition of Positional Isomer Does Not Apply to Substances on Temporary Schedule, Vacates Possession Conviction by Matthew Clarke by Matt Clarke  The U.S. Court of Appeals for the Eleventh Circuit held that neither the definition of “positional isomer” set forth in 21 C.F.R. § 1300.0l(b) nor …
First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals, Sentencing, U.S. Sentencing Guidelines
First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive by Dale Chappell by Dale Chappell In a case where a defendant was sentenced when the career offender guideline still contained the so-called residual clause, the U.S. Court of Appeals for the First Circuit …
Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict
Article • March 16, 2019 • from CLN April, 2019
Filed under: Prosecutor/Attorney General Misconduct, Attorneys, Attorney Misconduct, Appeals, Habeas Corpus
Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit held that a defendant did not receive effective assistance of counsel when his attorneys failed to object and move for a mistrial …
Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence
Article • March 16, 2019 • from CLN April, 2019
Filed under: Search warrants, War on Drugs, Appeals, Fourth Amendment, rights
Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence by David Reutter by David Reutter The U.S. Court of Appeals for the Fourth Circuit affirmed the suppression of evidence obtained while executing a search warrant based on the discovery …
Sixth Circuit Rejects Qualified Immunity Claim in Malicious Prosecution Suit for Wrongful Arrest and Conviction Involving Multiple Lies by Police
Article • March 16, 2019 • from CLN April, 2019
Filed under: Police Misconduct, Appeals, Wrongful Conviction, Wrongful Imprisonment, Qualified Immunity
Sixth Circuit Rejects Qualified Immunity Claim in Malicious Prosecution Suit for Wrongful Arrest and Conviction Involving Multiple Lies by Police by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit upheld the denial of summary judgment filed by Detroit police in a lawsuit alleging malicious …
Seventh Circuit: Claim for Unlawful Pretrial Detention Accrues on Date of Release
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals, Overdetention
Seventh Circuit: Claim for Unlawful Pretrial Detention Accrues on Date of Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit has held that the accrual date for claims for arrest and detention without probable cause is the date the detention ends. Maurice Lewis …
Fourth Circuit Grants Habeas Relief for Death Row Prisoner Because Trial Court Excluded Expert Testimony Defendant Represents Low Risk of Violence in Prison
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals, Habeas Corpus, Death Penalty/Death Row, Death Row
Fourth Circuit Grants Habeas Relief for Death Row Prisoner Because Trial Court Excluded Expert Testimony Defendant Represents Low Risk of Violence in Prison by David Reutter by David Reutter The U.S. Court of Appeals for the Fourth Circuit reversed the denial of habeas corpus relief to a death row prisoner. …
Appeals court provides new vehicle to challenge registration
Article • March 15, 2019 • from CLN April, 2019
Filed under: Sex Offender Registration, Appeals, Sex Offender Registration and Notification Act
Appeals court provides new vehicle to challenge registration by Larry N. by Larry N., NARSOL We are excited to report that registrants in Pennsylvania now will have a new vehicle to challenge sex offender registration. The United States Court of Appeals for the Third Circuit Court handed down a precedential …
Fifth Circuit Holds Special Conditions in PSR Appendix but Not Orally Pronounced by District Court Must Be Removed From Sentence Where Conflict With Written Judgment
Article • February 14, 2019 • from CLN March, 2019
Filed under: Appeals, Sentencing
Fifth Circuit Holds Special Conditions in PSR Appendix but Not Orally Pronounced by District Court Must Be Removed From Sentence Where Conflict With Written Judgment by David Reutter by David Reutter The Fifth Circuit Court of Appeals held that where a defendant did not have an opportunity to object to …
Ninth Circuit Announces SCOTUS’ Rodriguez Opinion Requires Overturning ‘Reasonableness Standard’ Precedent in Traffic Stop Prolongation Cases
Article • February 14, 2019 • from CLN March, 2019
Filed under: Appeals, Fourth Amendment, rights, Traffic stop
Ninth Circuit Announces SCOTUS’ Rodriguez Opinion Requires Overturning ‘Reasonableness Standard’ Precedent in Traffic Stop Prolongation Cases by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit held that police unlawfully prolonged a traffic stop in violation of the Fourth Amendment by repeatedly demanding that a …
Texas Court of Criminal Appeals Rules Defense Attorney Violated McCoy, Reverses Capital Convictions and Orders New Trial
Article • January 18, 2019 • from CLN February, 2019
Filed under: Attorney Misconduct, Appeals
Texas Court of Criminal Appeals Rules Defense Attorney Violated McCoy, Reverses Capital Convictions and Orders New Trial by Chad Marks by Chad Marks The Court of Criminal Appeals of Texas ruled that defense counsel’s actions conceding guilt against defendant’s express wishes during trial violated his Sixth Amendment rights under McCoy. …
Sixth Circuit: Tennessee Aggravated Sexual Battery Is Not a SORNA Tier III Offense
Article • January 18, 2019 • from CLN February, 2019
Filed under: Sexual Assault, Appeals, Sentencing
Sixth Circuit: Tennessee Aggravated Sexual Battery Is Not a SORNA Tier III Offense by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Sixth Circuit ruled that a defendant previously convicted of aggravated sexual battery in Tennessee should not have been classified as a Tier III sex …
Sixth Circuit Holds Tennessee Burglary Not Violent Felony Under ACCA, Overturning Previous Controlling Authority in Light of SCOTUS’ Mathis Opinion
Article • January 18, 2019 • from CLN February, 2019
Filed under: Criminal justice system reform, Appeals
Sixth Circuit Holds Tennessee Burglary Not Violent Felony Under ACCA, Overturning Previous Controlling Authority in Light of SCOTUS’ Mathis Opinion by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held that Tennessee third-degree burglary, as interpreted by the Tennessee Supreme Court, cannot qualify as …
Tenth Circuit Clarifies Proper Test for Pretrial Hearing on Seized Assets Needed to Retain Counsel
Article • January 18, 2019 • from CLN February, 2019
Filed under: Appeals
Tenth Circuit Clarifies Proper Test for Pretrial Hearing on Seized Assets Needed to Retain Counsel by Matthew Clarke by Matt Clarke The Tenth Circuit Court of Appeals ruled that the proper test for whether a district court should hold a pretrial hearing on a motion challenging the seizure of assets …
Fourth Circuit Vacates USSG Career Offender Sentence Predicated on Georgia Robbery
Article • January 18, 2019 • from CLN February, 2019
Filed under: Appeals
Fourth Circuit Vacates USSG Career Offender Sentence Predicated on Georgia Robbery by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Fourth Circuit vacated a prisoner’s sentence because the district court improperly found that Georgia robbery qualified the defendant for the U.S. Sentencing Guidelines career offender designation. …
Ninth Circuit Remands Drug Case for Reconsideration of Sentencing Guidelines’ Minor-Role Adjustment
Article • January 18, 2019 • from CLN February, 2019
Filed under: War on Drugs, Appeals
Ninth Circuit Remands Drug Case for Reconsideration of Sentencing Guidelines’ Minor-Role Adjustment by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit vacated a drug defendant’s sentence because the district court may have misinterpreted United States Sentencing Guideline (“USSG”) § 3B1.2 and Amendment 794, …
N.Y. Court of Appeals Announces When Trial Commences for Timeliness of Pro Se Requests
Article • January 18, 2019 • from CLN February, 2019
Filed under: Appeals, Criminal Procedure
N.Y. Court of Appeals Announces When Trial Commences for Timeliness of Pro Se Requests by Edward Lyon by Ed Lyon As most jurisdictions do from time to time as need dictates, they change or even completely overhaul appellate procedures, evidentiary rules, and various codes. In 1971, New York state adopted …
Fourth Circuit: Federal Conspiracy to Commit Murder in Aid of Racketeering Not a Crime of Violence for Purposes of Sentencing Guidelines Enhancement
Article • December 29, 2018 • from CLN January, 2019
Filed under: Appeals, U.S. Sentencing Guidelines
Fourth Circuit: Federal Conspiracy to Commit Murder in Aid of Racketeering Not a Crime of Violence for Purposes of Sentencing Guidelines Enhancement by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Fourth Circuit ruled that conspiracy to commit murder in aid of racketeering, in violation …
Connecticut Supreme Court Finds IAC for Failure to Investigate Key Alibi Witness, Grants New Trial
Article • December 29, 2018 • from CLN January, 2019
Filed under: Attorneys, Appeals, Witnesses
Connecticut Supreme Court Finds IAC for Failure to Investigate Key Alibi Witness, Grants New Trial by Dale Chappell by Dale Chappell In a case where the defendant’s alibi was his only defense, the Supreme Court of Connecticut held that counsel’s failure to investigate a key witness who could have supported …
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