Search | Criminal Legal News

Ohio Supreme Court: Imposing Two Punishments for One Quantity of Mixture of Heroin and Fentanyl Violates Double Jeopardy

Article • April 15, 2021 • from CLN May, 2021

Filed under: Double jeopardy, Drug Laws/Offenses

Ohio Supreme Court: Imposing Two Punishments for One Quantity of Mixture of Heroin and Fentanyl Violates Double Jeopardy by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held thatimposition of two punishments for one quantity of drugs violates double jeopardy. Officers executed a search warrant of Kenny Pendleton’s …

Fifth Circuit: Evidence of Simple Drug Possession Insufficient to Search Cellphone Photos for Evidence of Drug Trafficking

Article • March 15, 2021 • from CLN April, 2021

Filed under: Cell-Phone Location/Tracking Data, Simple Possession/Personal Use versus Distribution

Fifth Circuit: Evidence of Simple Drug Possession Insufficient to Search Cellphone Photos for Evidence of Drug Trafficking by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fifth Circuit held that evidence of mere possession of drugs together with an officer’s generalized allegations regarding the behavior of …

Session’s Directive to Seek Harshest Sentencing Rescinded

Article • February 16, 2021

Filed under: U.S. Sentencing Guidelines, Mandatory Minimums

Session’s Directive to Seek Harshest Sentencing Rescinded by by Kevin Bliss Acting Attorney General Monty Wilkinson recently issued a memo to the Department of Justice (DOJ) rescinding a Trump-era policy of seeking the highest charges and the longest sentence possible for offenders in all criminal cases. In 2013, Former Attorney …

Lawsuit Challenges DEA Cash Seizures

Article • December 15, 2020 • from CLN January, 2021

Filed under: BOP Litigation Reports, Seizure of Prisoner Funds, Drug Laws/Offenses

Lawsuit Challenges DEA Cash Seizures by Jayson Hawkins by Jayson Hawkins Traveling with large amounts of cash is perfectly legal, even on a commercial airliner, so Stacy Jones and her husband were unconcerned about putting over $40,000 in their carry-on luggage when they had to cut their casino vacation short. …

First Circuit: Prosecution Under Puerto Rico and Federal Law for Same Drug Offense Constitutes Double Jeopardy

Article • December 15, 2020 • from CLN January, 2021

Filed under: U.S. Sentencing Guidelines, Double jeopardy, Drug Laws/Offenses

First Circuit: Prosecution Under Puerto Rico and Federal Law for Same Drug Offense Constitutes Double Jeopardy by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the First Circuit ruled that the Double Jeopardy Clause of the Fifth Amendment requires dismissal of a count in a federal indictment …

Seventh Circuit: Prior Conviction Under Overbroad State Drug Statute May Be Used in Career Criminal Enhancement But Not For Prior Drug Crimes Enhancement

Article • November 15, 2020 • from CLN December, 2020

Filed under: Prior Conviction/Sentence/Incarceration, Drug Laws/Offenses

Seventh Circuit: Prior Conviction Under Overbroad State Drug Statute May Be Used in Career Criminal Enhancement But Not For Prior Drug Crimes Enhancement by Matthew Clarke by Matt Clarke On July 20, 2020, the U.S. Court of Appeals for the Seventh Circuit held that a prior state drug conviction under …

Oregon Decriminalizes Heroin, Cocaine, Meth, and Other Drugs

Article • November 8, 2020

Filed under: Drug Laws/Offenses

Oregon Decriminalizes Heroin, Cocaine, Meth, and Other Drugs by Dale Chappell by Dale Chappell Yes, it’s true: Oregon voted to decriminalize personal possession of recreational drugs, including heroin, cocaine, methamphetamine, and others this past Election Day. It’s an effort to stop “penalizing addiction,” the new law says, and to focus …

Maryland Court of Appeals: Odor of Marijuana Alone Doesn’t Provide Probable Cause to Arrest and Search Person

Article • October 15, 2020 • from CLN November, 2020

Filed under: Probable/Proximate Cause, Warrantless Searches, Drug Laws/Offenses

Maryland Court of Appeals: Odor of Marijuana Alone Doesn’t Provide Probable Cause to Arrest and Search Person by Anthony Accurso by Anthony Accurso The Court of Appeals of Maryland held that the odor of marijuana emanating from a person alone does not provide police with probable cause to support an …

Tenth Circuit: Confession Involuntary Where FBI Agent Falsely Claimed to Be in Contact With Judge, and Defendant Could Shorten Sentence With Each Truthful Answer

Article • August 15, 2020 • from CLN September, 2020

Filed under: Simple Possession/Personal Use versus Distribution, Interrogation, Cooperation

Tenth Circuit: Confession Involuntary Where FBI Agent Falsely Claimed to Be in Contact With Judge, and Defendant Could Shorten Sentence With Each Truthful Answer by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that Shane Thomas Young’s confession was involuntary because, under the …

Using Doctor-Prescribed Marijuana Could Send Some People Back to Prison

Article • July 15, 2020 • from CLN August, 2020

Filed under: Revocation Proceedings, Simple Possession/Personal Use versus Distribution

Using Doctor-Prescribed Marijuana Could Send Some People Back to Prison by Douglas Ankney by Douglas Ankney Melissa Gass is a wife and a mother of five children who suffers from seizures as a result of a car crash when she was 10 years old. The seizures occur weekly, sometimes daily. …

Congressmen File Amicus Brief Stressing Congressional Intent That First Step Act’s New Drug Laws Apply at Resentencing

Article • June 15, 2020 • from CLN July, 2020

Filed under: Resentencing, Drug Laws/Offenses

Congressmen File Amicus Brief Stressing Congressional Intent That First Step Act’s New Drug Laws Apply at Resentencing by Dale Chappell by Dale Chappell Courts often look to Congress when interpreting the meaning of a law. They look at Congress’ intent behind the law and any statements made by legislators in …

Marijuana Possession in Virginia Remains Illegal But Is Decriminalized

Article • June 15, 2020 • from CLN July, 2020

Filed under: Drug Laws/Offenses

Marijuana Possession in Virginia Remains Illegal But Is Decriminalized by Douglas Ankney by Douglas Ankney On May 21, 2020, the Commonwealth of Virginia became the 16th state to decriminalize possession of marijuana when Governor Ralph Northam signed Senate Bill 2 and House Bill 972. The law, which becomes effective July …

How to Clear Your Record of Marijuana Charges in Illinois

Article • April 15, 2020 • from CLN May, 2020

Filed under: War on Drugs, Arrest Record, Drug Laws/Offenses

How to Clear Your Record of Marijuana Charges in Illinois by Dale Chappell by Dale Chappell While Illinois has legalized recreational marijuana and pardoned more than 11,000 people with marijuana cases, removing marijuana charges and convictions from your record may require more leg work from some who don’t qualify under …

Complexity and Lack of Standardization Makes Crime Statistics Less Useful

Article • April 15, 2020 • from CLN May, 2020

Filed under: Statistics/Trends, Marijuana Laws/Issues, Simple Possession/Personal Use versus Distribution

Complexity and Lack of Standardization Makes Crime Statistics Less Useful by Matthew Clarke by Matt Clarke A lack of standardization in crime statistics and the complexity of the causes of and cures for crime have made the use of crime statistics difficult. For instance, whether using marijuana causes crime is …

Paylan v. Teitlebaum, FL, Deposition of Thomas Fowlkes, MD, Possession of Controlled Substance, 2017

Brief • June 20, 2017

Filed under: Simple Possession/Personal Use versus Distribution

Paylan v. Teitlebaum, FL, Deposition of Thomas Fowlkes, MD, Possession of Controlled Substance, 2017 Case 1:15-cv-00159-MW-GRJ Document 119-6 Filed 06/20/17 Page 1 of 4 Page 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION CASE NO.: 1:15-cv-159-MW-GRJ CHRISTINA PAYLAN, M.D., Plaintiff, vs. SCOTT TEITELBAUM, MD, in his individual …

Trends in U.S. Corrections, Sentencing Project, 2015

Publication • January 1, 2015

Filed under: Statistics/Trends, Drug Laws/Offenses

Trends in U.S. Corrections, Sentencing Project, 2015 FACT SHEET: TRENDS IN U.S. CORRECTIONS Trends in U.S. Corrections U.S. State and Federal Prison Population, 1925-2014 2014: 1,508,636 1,600,000 1,400,000 Number of People 1,200,000 1,000,000 800,000 600,000 400,000 200,000 2014 2010 2006 2002 1998 1994 1990 1986 1982 1978 1974 1970 1966 …

Factors May Limit the Impacts of Federal Laws, US GAO, 2005

Publication • 2005

Filed under: Collateral consequences of prison, Federal Benefits, Drug Laws/Offenses

Factors May Limit the Impacts of Federal Laws, US GAO, 2005 United States Government Accountability Office GAO Report to Congressional Requesters September 2005 DRUG OFFENDERS Various Factors May Limit the Impacts of Federal Laws That Provide for Denial of Selected Benefits GAO-05-238 September 2005 DRUG OFFENDERS Accountability Integrity Reliability Highlights …