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Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty ...
Article • April 15, 2023 • from CLN May, 2023
Filed under: Procedural Default/Error, Conspiracies, Attempts, Solicitations, Knowingly and Voluntarily Made
Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty Plea by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for …
Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion
Article • April 15, 2023 • from CLN May, 2023
Filed under: Frivolous Litigation (PLRA), First Step Act, Procedural Default/Error
Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit ruled that when deciding a motion for a sentence reduction under § 404 …
SCOTUS: Arizona Supreme Court’s Interpretation of State Procedural Rule so ‘Novel and Unforeseeable’ It’s Not ‘Adequate’ to Preclude SCOTUS Review of Federal Death-Penalty Claim
Article • March 15, 2023 • from CLN April, 2023
Filed under: Death Penalty, Procedural Default/Error
SCOTUS: Arizona Supreme Court’s Interpretation of State Procedural Rule so ‘Novel and Unforeseeable’ It’s Not ‘Adequate’ to Preclude SCOTUS Review of Federal Death-Penalty Claim by Richard Resch by Richard Resch In a 5-4 decision written by Justice Sotomayor, the Supreme Court of the United States held that the Arizona Supreme …
Fifth Circuit: District Court Erred in Finding That a Fourth Amendment Stop Did Not Occur
Article • January 15, 2023 • from CLN February, 2023
Filed under: Procedural Default/Error, Terry Stops
Fifth Circuit: District Court Erred in Finding That a Fourth Amendment Stop Did Not Occur by Harold Hempstead by Harold Hempstead The U.S. Court of Appeals for the Fifth Circuit held that the U.S. District Court for the Western District of Louisiana erred in finding that a Fourth Amendment stop …
Massachusetts Supreme Judicial Court: Criminal Record Alone Does Not Justify Patfrisk, Gun Discovered in Waistband Suppressed
Article • December 15, 2022 • from CLN January, 2023
Filed under: Felon in Possession Statute, Suppression of Evidence, Pat Down Searches
Massachusetts Supreme Judicial Court: Criminal Record Alone Does Not Justify Patfrisk, Gun Discovered in Waistband Suppressed by Jacob Barrett by Jacob Barrett The Supreme Judicial Court of Massachusetts upheld a Superior Court’s order granting a motion to suppress a firearm that was discovered during an unlawful patfrisk because the motorist’s …
Texas Court of Criminal Appeals: Under State Felon in Possession of Firearm Statute, Possessing Multiple Firearms Simultaneously Constitutes One Offense, Not Multiple
Article • November 15, 2022 • from CLN December, 2022
Filed under: Felon in Possession Statute, In Connection With Another Felony Offense
Texas Court of Criminal Appeals: Under State Felon in Possession of Firearm Statute, Possessing Multiple Firearms Simultaneously Constitutes One Offense, Not Multiple by Douglas Ankney by Douglas Ankney The Court of Criminal Appeals of Texas held that possession of a firearm by a convicted felon is a “circumstances offense;” consequently, …
Pennsylvania Supreme Court Announces Challenge to SORNA-Based Illegality of Sentence Claim Cannot Be Waived, Allowing for Challenge at Any Time — Even if First Raised on Appeal
Article • November 15, 2022 • from CLN December, 2022
Filed under: U.S. Sentencing Guidelines, Waiver of Appeal Rights, Sex Offense Registration Act (SORNA)
Pennsylvania Supreme Court Announces Challenge to SORNA-Based Illegality of Sentence Claim Cannot Be Waived, Allowing for Challenge at Any Time — Even if First Raised on Appeal by Anthony Accurso by Anthony W. Accurso The Supreme Court of Pennsylvania held that challenges to the legality of an imposed sentence — …
California Court of Appeal Vacates Conviction Because Generic Immigration Consequences Warning Insufficient for Defendant to Understand Mandatory Immigration Consequences as a Result of Guilty Plea
Article • September 15, 2022 • from CLN October, 2022
Filed under: Appeals/Appellate Jurisdiction, Failure to Inform
California Court of Appeal Vacates Conviction Because Generic Immigration Consequences Warning Insufficient for Defendant to Understand Mandatory Immigration Consequences as a Result of Guilty Plea by David Reutter by David M. Reutter The Court of Appeal of California, Third Appellate District, reversed a defendant’s 2010 conviction for possession for sale …
Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar
Article • September 15, 2022 • from CLN October, 2022
Filed under: AEDPA, Procedural Default/Error
Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar by Dale Chappell by Dale Chappell In a decision that further narrows the federal habeas corpus remedy, a divided panel of the U.S. Court of Appeals for the Fifth Circuit held that …
Federal Habeas Corpus: Taking an Appeal After the Denial of Habeas Relief
Article • August 15, 2022 • from CLN September, 2022
Filed under: Habeas Corpus, AEDPA, Appeals/Appellate Jurisdiction
Federal Habeas Corpus: Taking an Appeal After the Denial of Habeas Relief by Dale Chappell by Dale Chappell Federal law says that you have the “right” to appeal the denial of federal habeas corpus relief, but there’s a catch—only if the court says that you can. Congress limited the ability …
Sixth Circuit: COA Not Required to Appeal Order Denying Rule 4(a)(5) Motion for Extension of Time to File Notice of Appeal
Article • July 15, 2022 • from CLN August, 2022
Filed under: Appeals/Appellate Jurisdiction, Periods of Delay
Sixth Circuit: COA Not Required to Appeal Order Denying Rule 4(a)(5) Motion for Extension of Time to File Notice of Appeal by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that a Certificate of Appealability (“COA”) is not required when appealing a district …
Federal Habeas Corpus: Jurisdictional Pitfalls When Seeking Habeas Relief
Article • June 15, 2022 • from CLN July, 2022
Filed under: Habeas Corpus, Appeals/Appellate Jurisdiction
Federal Habeas Corpus: Jurisdictional Pitfalls When Seeking Habeas Relief by Dale Chappell by Dale Chappell Jurisdiction has many meanings, but in federal habeas corpus, it refers to the federal court’s authority to grant relief. While there’s all sort of “shalls” and “musts” in the federal habeas statutes, not all of …
Fourth Circuit: Good Cause Not Required to Withdraw Consent to Magistrate Judge’s Jurisdiction Prior to Other Parties Consenting
Article • June 15, 2022 • from CLN July, 2022
Filed under: Appeals/Appellate Jurisdiction, Unpublished/Withdrawn/Redacted Decisions
Fourth Circuit: Good Cause Not Required to Withdraw Consent to Magistrate Judge’s Jurisdiction Prior to Other Parties Consenting by Harold Hempstead by Harold Hempstead The U.S. Court of Appeals for the Fourth Circuit held that a party who consents to the jurisdiction of a magistrate judge and then requests to …
Federal Officers Can Violate Civil Rights With Near Impunity - Supreme Court’s Refusal to Consider New Bivens Contexts Provides Protection to Those Who Abuse Their Authority
Article • June 15, 2022 • from CLN July, 2022
Filed under: Abuse of Discretion Standard, Immunity - Absolute and Qualified
Federal Officers Can Violate Civil Rights With Near Impunity - Supreme Court’s Refusal to Consider New Bivens Contexts Provides Protection to Those Who Abuse Their Authority by Casey Bastian by Casey J. Bastian The civil rights we all inherently possess, and that are ostensibly still protected by the U.S. Constitution, …
SCOTUS: No Procedural-Default Exceptions to Excuse Federal Habeas Evidentiary Hearing Bar
Article • June 15, 2022 • from CLN July, 2022
Filed under: Evidentiary Ruling (Disciplinary Hearings), AEDPA, Procedural Default/Error
SCOTUS: No Procedural-Default Exceptions to Excuse Federal Habeas Evidentiary Hearing Bar by Dale Chappell by Dale Chappell In yet another case further limiting the federal habeas corpus remedy, the Supreme Court of the United States (“SCOTUS”) held on May 23, 2022, that post-conviction counsel’s failure to develop a meritorious claim …
Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal
Article • June 15, 2022 • from CLN July, 2022
Filed under: U.S. Sentencing Guidelines, Appeals/Appellate Jurisdiction, Appellate Jurisdiction/Review
Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal by David M. Reutter by David M. Reutter The Supreme Court of Ohio held that the constitutionality of an indeterminate sentence imposed under the Reagan Tokes Law, R.C. 2967.271, ripens at sentencing and …
California Court of Appeal: Trial Court Violated Humphrey by Setting High Bail Without Considering Financial Condition of Defendant or Nonfinancial Conditions of Release
Article • June 15, 2022 • from CLN July, 2022
Filed under: Procedural Default/Error, Bail/Pretrial Release, Ability to Pay
California Court of Appeal: Trial Court Violated Humphrey by Setting High Bail Without Considering Financial Condition of Defendant or Nonfinancial Conditions of Release by Matthew Clarke by Matt Clarke The Court of Appeal of California, Second Appellate District, held the trial court erred by setting bail at an amount it …
SCOTUS Adds Extra Obstacle to Federal Habeas Relief for State Prisoners, Ruling Both Brecht and the AEDPA Must Be Satisfied
Article • May 15, 2022 • from CLN June, 2022
Filed under: AEDPA, Procedural Default/Error
SCOTUS Adds Extra Obstacle to Federal Habeas Relief for State Prisoners, Ruling Both Brecht and the AEDPA Must Be Satisfied by Dale Chappell by Dale Chappell Citing the need to respect the finality of state convictions, the Supreme Court of the United States (“SCOTUS”) held on April 21, 2022, that …
Seventh Circuit: Four-Year Delay in Filing Appeal Excused Habeas Exhaustion Requirement Because Any Further Attempts for Postconviction Remedies in State Court Would Have Been Futile
Article • May 1, 2022 • from CLN May, 2022
Filed under: Administrative Exhaustion, Appeals/Appellate Jurisdiction
Seventh Circuit: Four-Year Delay in Filing Appeal Excused Habeas Exhaustion Requirement Because Any Further Attempts for Postconviction Remedies in State Court Would Have Been Futile by Dale Chappell by Dale Chappell Waiting more than four years for a Wisconsin state court to hear a defendant’s appeal was “ineffective to protect …
SCOTUS: Rehaif Error Doesn’t Automatically Require Reversal of Conviction, Plain-Error Test Must Be Satisfied for Re-lief
Article • February 15, 2022 • from CLN March, 2022
Filed under: Felon in Possession Statute, Firearms, Plain/Harmless Error
SCOTUS: Rehaif Error Doesn’t Automatically Require Reversal of Conviction, Plain-Error Test Must Be Satisfied for Re-lief by Dale Chappell by Dale Chappell   The Supreme Court of the United States (“SCOTUS”) held that for felon-in-possession cases, a Rehaif error does not establish a basis for plain-error relief unless the defendant …
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