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Article • October 1, 2023 • from CLN October, 2023
Ninth Circuit Announces No Deference to Application Note 1 to Guideline § 4B1.2(b) Because It Impermissibly Expands Definition of ‘Controlled Substance Offense’ by Douglas Ankney by Douglas Ankney In deepening an already wide Circuit split, the U.S. Court of Appeals for the Ninth Circuit announced that the Court cannot defer …
Article • October 1, 2023 • from CLN October, 2023
California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-­Murder Theory by Douglas Ankney by Douglas Ankney The Supreme Court of California vacated Tyree Ferrell’s second degree murder conviction because his jury was instructed on a now invalid theory of felony-­murder and the jury’s finding …
Interrogating a Suspect With an Intellectual Disability Using the Reid Technique: Recipe for a False Confession by Jo Ellen Nott by Jo Ellen Nott On April 25, 2023, the Virginia ­Supreme Court issued an order refusing to hear the case of Michael L. Ledford, a man who was convicted of …
Article • September 1, 2023 • from CLN September, 2023
California Court of Appeal Reverses Felony Murder Conviction Because Evidence Insufficient to Support Underlying Predicate Felony of Attempted Robbery by Douglas Ankney by Douglas Ankney The California Court of Appeal, Third Appellate District, reversed Dwayne Lamont Burgess’ felony murder conviction because the evidence was insufficient to support the underlying predicate …
Article • August 1, 2023 • from CLN August, 2023
Filed under: Murder/Felony Murder
California Supreme Court Announces Proof of First Degree Poison Murder Requires Showing Defendant Deliberately Gave Victim Poison with Intent to Kill or Inflict Injury Likely to Cause Death by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of California clarified that proof of first-degree …
Article • August 1, 2023 • from CLN August, 2023
SCOTUS Announces § 924(c)(1)(D)(ii)’s Consecutive Sentence Mandate Not Applicable to § 924(j) Sentences by Richard Resch by Richard Resch In a unanimous decision, the Supreme Court of the United States held that § 924(c)(1)(D)(ii)’s prohibition on concurrent sentences does not extend to sentences imposed under a different subsection of the …
Article • August 1, 2023 • from CLN August, 2023
Eleventh Circuit Announces Definition of ‘Controlled Substance Offense’ in Guidelines § 4B1.2(b) Does Not Include Inchoate Offenses and Expressly Overrules Precedent Holding to the Contrary by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit, sitting en banc, held that the definition of “controlled substance …
Brief • July 13, 2023
Filed under: Controlled Substances
USA v. Theodorou, OH, Affidavit of Brian Leslie, Distribution of a Controlled Substance, 2023 Case: 3:22-cr-00274-JRK Doc #: 48-1 Filed: 07/13/23 1 of 2. PageID #: 367 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION UNITED STATES OF AMERICA, CASE NO. 3:22-CR-274 Plaintiff, Judge …
Brief • July 13, 2023
Filed under: Controlled Substances
USA v. Theodorou, OH, Forensic Report, Distribution of a Controlled Substance, 2023 Case: 3:22-cr-00274-JRK Doc #: 48-2 Filed: 07/13/23 1 of 82. PageID #: 369 (2 ,CRIMl~~..~.~~~!5 INC ' ' 1-888-400-1309 FORENSIC REPORT Type of Report: Examination : Video / Audio Interview / Transcripts Criminal case Consultants Case File #: …
Article • February 15, 2023 • from CLN March, 2023
California Court of Appeal: ‘Actual Killer’ Under Felony-Murder Rule Means Person ‘Who Personally Killed the Victim” by Harold Hempstead by Harold Hempstead The Court of Appeal of California, Third Appellate District, held that the term “actual killer” under the current felony-murder rule, as amended by Senate Bill No. 1437 (2017-2018 …
Article • December 5, 2022 • from CLN November, 2022
Aversion to Error: Americans View Wrongful Acquittals and Wrongful Convictions to Be Errors of Equal Magnitude by Casey Bastian by Casey J. Bastian As we evolve our systems of criminaljustice, it becomes apparent that we must first agree what constitutes “justice.” And when we focus on what is justice within …
Article • September 15, 2022 • from CLN October, 2022
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 …
Article • May 1, 2022
Florida Sheriff’s Version of Fiscal Responsibility— ‘We Prefer’ Homeowners Shoot Burglars to ‘Save Taxpayer Money’ by Brooke Kaufman by Brooke Kaufman According to Santa Rosa County, Florida, Sheriff Bob Johnson, homeowners who encounter burglars should stand their ground and, if necessary, use deadly force. During a press conference, Johnson told …
Article • September 15, 2021 • from CLN October, 2021
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 …
Article • August 15, 2021 • from CLN September, 2021
Two T-shirts Cost Louisiana Man 20 Years by Edward Lyon by Ed Lyon Guy Frank first became involved with Louisiana’s criminal justice system in 1975 at age 22. Over the next quarter century, Frank would be arrested 36 times and would be convicted several times for theft and possession of …
Article • August 15, 2021 • from CLN September, 2021
Filed under: Weapons
Virginia Supreme Court Reverses Concealed Weapon Offense Because Statutory Exception Applied by Douglas Ankney by Douglas Ankney The Supreme Court of Virginia reversed the judgment of the Court of Appeals (“COA”) that had affirmed Dorain Jerod Myers’ conviction for carrying a concealed weapon, second offense, in violation of Va. Code …
Article • June 15, 2021 • from CLN July, 2021
Tenth Circuit: Warrantless Search of Truck Driver’s Home Not Justified Solely by Connection to Alien Smuggling by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit held that the smuggling of persons across the U.S.-Mexico border alone did not justify the nonconsensual, warrantless search …
Publication • 2021
RICO-Rethinking Interpretations of Criminal Organizations, 2021 RICO: Rethinking Interpretations of Criminal Organizations Lucy Litt* Prosecutions under the federal criminal Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. §§ 1961–1968, hereinafter referred to as “RICO”) and the related Violent Crimes in Aid of Racketeering Activity Act (18 U.S.C. § 1959, hereinafter …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Murder/Felony Murder
Felony Murder: The Crotchet of American Murder Jurisprudence by Douglas Ankney by Douglas Ankney Since the Supreme Court decided Gregg v. Georgia, 428 U.S. 153 (1976), the idea has been that death sentences are reserved for only those murders committed by the worst of the worst killers. But in August …
Article • April 15, 2021 • from CLN May, 2021
Arkansas Supreme Court: Unborn Child Not a ‘Person’ Under Sentencing Enhancement Scheme by Anthony Accurso by Anthony Accurso In an opinion delivered December 10, 2020, the Supreme Court of Arkansas held that the definition of a “person” used for aggravating factors at sentencing does not include an unborn child. On …
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