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California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91
Article • January 15, 2024 • from CLN January, 2024
Filed under: State Statutes, Guilty Plea, Resentencing, De Novo Resentencing, Plea Agreements/Guilty Pleas
California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91 by Douglas Ankney by Douglas Ankney The California Court of Appeal, Fourth Appellate District, held that defendants who plead guilty to a stipulated sentence are eligible for resentencing under California Penal Code …
California Supreme Court Reinstates Petition for Resentencing Under SB 1437 Because Trial Court Misapprehended Le-gal Requirements for Proving Aiding and Abetting Implied Malice Murder
Article • December 15, 2023 • from CLN December, 2023
Filed under: Aiding and Abetting/Accessories, Resentencing
California Supreme Court Reinstates Petition for Resentencing Under SB 1437 Because Trial Court Misapprehended Le-gal Requirements for Proving Aiding and Abetting Implied Malice Murder by Matthew Clarke by Matt Clarke The Supreme Court of California reinstated a prisoner’s petition for resentencing pursuant to Senate Bill No. 1437 (2017-2018 Reg. Session) …
Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review
Article • October 1, 2023 • from CLN October, 2023
Filed under: First Step Act, Procedural Default/Error, Resentencing
Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit vacated the U.S. District Court for the Eastern District of …
Ninth Circuit Announces District Courts Have Discretion to Consider Non-­Retroactive Changes in Post-­Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reducti...
Article • October 1, 2023 • from CLN October, 2023
Filed under: Retroactivity, U.S. Sentencing Guidelines, Resentencing
Ninth Circuit Announces District Courts Have Discretion to Consider Non-­Retroactive Changes in Post-­Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit joined the First, Second, and Fourth Circuits in holding that when …
Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand
Article • June 15, 2023 • from CLN July, 2023
Filed under: U.S. Sentencing Guidelines, Resentencing, Per se ineffectiveness
Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand by David Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit held a federal defendant was denied the effective assistance of counsel by failing to object to his designation as a …
California Court of Appeal: At Felony-Murder Resentencing Hearing, Court May Not Deny Relief Based on Findings That Are Inconsistent With Previous Acquittal
Article • January 15, 2023 • from CLN February, 2023
Filed under: New Trial/Judgment of Acquittal, Resentencing, Factual Disputes/Findings
California Court of Appeal: At Felony-Murder Resentencing Hearing, Court May Not Deny Relief Based on Findings That Are Inconsistent With Previous Acquittal by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, held that “a trial court cannot deny relief in a § 1170.95 proceeding …
Third Circuit: Defendant Entitled to Reasonable Opportunity to File Sentencing Memo Before Resentencing Under First Step Act
Article • December 15, 2022 • from CLN January, 2023
Filed under: First Step Act, Resentencing
Third Circuit: Defendant Entitled to Reasonable Opportunity to File Sentencing Memo Before Resentencing Under First Step Act by David Reutter by David M. Reutter The U.S. Court of Appeals for the Third Circuit held that when a prisoner seeks resentencing under the First Step Act, a district court has discretion …
Pennsylvania’s Marijuana Pardon Project Had the Potential to Help Thousands but Fell Short
Article • December 8, 2022
Filed under: Resentencing, Marijuana Laws/Issues
Pennsylvania’s Marijuana Pardon Project Had the Potential to Help Thousands but Fell Short by Jo Ellen Nott by Jo Ellen Nott On December 1, 2022, the Pennsylvania Board of Pardons made decisions on the 2,600 applications it received under Democratic Governor Tom Wolf’s PA Marijuana Pardon Project available during September …
California Court of Appeal Announces Term ‘Actual Killer’ in Revised Felony-Murder Statute Refers to Person Who ‘Personally Killed’ Victim, Not Necessarily Same as Person Who ‘Caused’ Death, for Resen...
Article • September 15, 2022 • from CLN October, 2022
Filed under: Murder/Felony Murder, Resentencing
California Court of Appeal Announces Term ‘Actual Killer’ in Revised Felony-Murder Statute Refers to Person Who ‘Personally Killed’ Victim, Not Necessarily Same as Person Who ‘Caused’ Death, for Resentencing Purposes Under § 1170.95 by Matthew Clarke by Matt Clarke The Court of Appeal of California, Fourth Appellate District, held that …
Sixth Circuit: Evidence Withheld by Prosecutor Opens Door for Successive Habeas Petition
Article • May 15, 2022 • from CLN June, 2022
Filed under: Resentencing, Evidence - Failure to Disclose
Sixth Circuit: Evidence Withheld by Prosecutor Opens Door for Successive Habeas Petition by Dale Chappell by Dale Chappell After the discovery that the prosecution withheld key pieces of evidence that may have exonerated a man convicted and sentenced to death, the U.S. Court of Appeals for the Sixth Circuit held …
California Court of Appeal: Hearing on Discretionary Resentencing Under §1170.91(b)(1) for U.S. Servicemembers Requires Only That Petition Allege Defendant ‘May’ Be Suffering From a ‘Qualifying Condit...
Article • March 15, 2022 • from CLN April, 2022
Filed under: Resentencing, Drug or Alcohol Dependence
California Court of Appeal: Hearing on Discretionary Resentencing Under §1170.91(b)(1) for U.S. Servicemembers Requires Only That Petition Allege Defendant ‘May’ Be Suffering From a ‘Qualifying Condition’ by Douglas Ankney by Douglas Ankney The Court of Appeal, Fourth Appellate District, ruled that the defendant satisfied the statutory criteria of Cal. Penal …
California Court of Appeal: Peremptory Challenge to Judge in Habeas Case Subject to 10-Day Filing Period, Not 60 Days, Under § 170.6(a)(1)
Article • February 15, 2022 • from CLN March, 2022
Filed under: Habeas Corpus, Different Judge, Tolling of Statutes of Limitations and Laches
California Court of Appeal: Peremptory Challenge to Judge in Habeas Case Subject to 10-Day Filing Period, Not 60 Days, Under § 170.6(a)(1) by Dale Chappell by Dale Chappell  Deciding a question of first impression, the Court of Appeal of California, Fourth Appellate District, held that an order to show cause …
California Supreme Court Announces Suspended Execution of Sentence with Probation Imposed Is Not ‘Final’ so New Changes in Law Apply Retroactively on Appeal
Article • November 15, 2021 • from CLN December, 2021
Filed under: Retroactivity, Resentencing
California Supreme Court Announces Suspended Execution of Sentence with Probation Imposed Is Not ‘Final’ so New Changes in Law Apply Retroactively on Appeal by Dale Chappell by Dale Chappell In a case that expands the retroactive application of new, more lenient laws passed by the Legislature after a defendant is …
Tenth Circuit Announces Adoption of ‘Offense of Conviction Approach’ for Determining Sentence Reduction Under First Step Act § 404(b)
Article • October 15, 2021 • from CLN November, 2021
Filed under: First Step Act, Resentencing
Tenth Circuit Announces Adoption of ‘Offense of Conviction Approach’ for Determining Sentence Reduction Under First Step Act § 404(b) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred in relying on the …
California Court of Appeal: § 1170.95(e) Permits Trial Courts to Redesignate More Than One Underlying Felony in Resentencing Vacated Felony-Murder Conviction
Article • September 15, 2021 • from CLN October, 2021
Filed under: Murder/Felony Murder, Resentencing
California Court of Appeal: § 1170.95(e) Permits Trial Courts to Redesignate More Than One Underlying Felony in Resentencing Vacated Felony-Murder Conviction by Douglas Ankney by Doug Ankney The Court of Appeal, First Appellate District, Division Three ruled that § 1170.95(e) permits a vacated felony-murder conviction to be redesignated as more …
Kansas Supreme Court: Wrong Standard Used in Review of Plea Withdrawal Motion Requires Remand
Article • February 15, 2021 • from CLN March, 2021
Filed under: Resentencing, Plea Agreements/Guilty Pleas
Kansas Supreme Court: Wrong Standard Used in Review of Plea Withdrawal Motion Requires Remand by David Reutter by David M. Reutter The Supreme Court of Kansas held that when an appellate court determines a district court abuses its discretion by applying the wrong legal standard to its consideration of a …
Eighth Circuit Vacates Sentence After District Judge 
Interfered With Plea Negotiations and Made Disparaging 
Remarks About Federal Judiciary
Article • November 15, 2020 • from CLN December, 2020
Filed under: Resentencing, Validity of
Eighth Circuit Vacates Sentence After District Judge Interfered With Plea Negotiations and Made Disparaging Remarks About Federal Judiciary by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eighth Circuit vacated Seneca Harrison’s sentence because the judge for the U.S. District Court for the Western District of …
Sixth Circuit Vacates Sentence Where Upward Variance Based on Criminal History Had Little Bearing on Instant Offense
Article • November 15, 2020 • from CLN December, 2020
Filed under: U.S. Sentencing Guidelines, Criminal Sexual Abuse, Resentencing, Probation, Parole & Supervised Release, Substantively Unreasonable
Sixth Circuit Vacates Sentence Where Upward Variance Based on Criminal History Had Little Bearing on Instant Offense by Douglas Ankney   by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit vacated the U.S. District Court for the Western District of Michigan’s sentence where the sentence imposed was …
Sixth Circuit Vacates First Step Act 
Resentencing Denial Where Court Failed 
to Consider Post-Sentencing Conduct
Article • November 15, 2020 • from CLN December, 2020
Filed under: Resentencing, Felony Drug Offense
Sixth Circuit Vacates First Step Act Resentencing Denial Where Court Failed to Consider Post-Sentencing Conduct by Anthony Accurso   by Anthony Accurso In a decision filed on August 26, 2020, the U.S. Court of Appeals for the Sixth Circuit vacated the U.S. District Court for the Western District of Kentucky’s …
Sixth Circuit: District Court’s Refusal to Reduce Crack Sentence Under First Step Act Requires Justification
Article • June 15, 2020 • from CLN July, 2020
Filed under: Resentencing, Crack v. Powdered Cocaine
Sixth Circuit: District Court’s Refusal to Reduce Crack Sentence Under First Step Act Requires Justification by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on May 15, 2020, that the refusal by the U.S. District Court for the Eastern District of Kentucky to …
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