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Article • July 15, 2020 • from CLN August, 2020
$8 Million Settlement for Wrongfully Convicted and Imprisoned Missouri Man by Kevin Bliss by Kevin Bliss David Robinson settled out of court with the city of Sikeston, Missouri, for $8 million for a wrongful murder conviction, which forced him to spend 18 years in prison for a crime he did …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Wrongful Conviction
Courts Oppose Prosecutors’ Attempts to Right Past Wrongs by Douglas Ankney by Douglas Ankney Over the past 10 years, a growing number of reform-minded prosecutors has emerged across the U.S., seeking not only to reform current tough-on-crime practices but also to acknowledge mistakes of the past. For example, in 2018, …
Article • June 15, 2020 • from CLN July, 2020
Sixth Circuit: Courts May Consider Good Prison Conduct in Sentence Reduction Under First Step Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on April 14, 2020, that a sentencing court may consider a prisoner’s good conduct in fashioning a lower sentence …
First Circuit: Sentence Imposed Under 21 U.S.C. § 841(a)(1), (b)(1)(c) Is ‘Covered Offense’ Under § 404 of First Step Act by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that a conviction for violation of 21 U.S.C. § 841(a)(1) is a “covered offense” …
Article • June 15, 2020 • from CLN July, 2020
Fifth Circuit Clarifies How ‘Pronouncement Requirement’ Applies to Supervision Conditions by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit clarified how the requirement that a district court pronounce its sentence in the presence of the defendant applies to conditions of supervised release. After Rosie, …
Article • June 15, 2020 • from CLN July, 2020
Army Veteran Serving Life Without Parole for Taking $9 by Douglas Ankney by Douglas Ankney Willie Simmons became addicted to drugs while in the Army and stationed abroad. In 1982, he was in Alabama and “in need of a quick fix.” Simmons wrestled a man to the ground and took …
Article • June 15, 2020 • from CLN July, 2020
Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on March 4, 2020, that the savings clause of 28 U.S.C. § 2255(e) is available even if based on …
Brief • June 5, 2020
Filed under: Wrongful Conviction
Rubalcava v. City of San Jose, CA, Complaint, Wrongful Conviction, 2020 Case 5:20-cv-04191-BLF Document 1 Filed 06/25/20 Page 1 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Nick Brustin (NY Bar …
Publication • 2020
Filed under: First Step Act
Dept of Justice, the First Step Act of 2018 - Risk and Needs Assessment System UPDATED, 2020 U.S. Department of Justice Office of the Attorney General The First Step Act of 2018: Risk and Needs Assessment System - UPDATE January 2020 __________________________ Table of Contents I. Introduction ...................................................................................... 1 II. …
Publication • 2020
Filed under: Sentencing
The Role of Judicial Political Affiliation in Criminal Sentencing Outcomes, 2020 Draft – Do not cite without authors’ permission THE ROLE OF JUDICIAL POLITICAL AFFILIATION IN CRIMINAL SENTENCING OUTCOMES Wendy R. Calaway,1 Jennifer M. Kinsley,2 and Taylor Wadian3 ABSTRACT Legislative efforts to bring consistency to criminal sentencing outcomes has been …
Publication • 2020
Filed under: First Step Act
The First Step Act - Constitutionalizing Prison Release Policies THE FIRST STEP ACT – CONSTITUTIONALIZING PRISON RELEASE POLICIES Harold J. Krent* and Robert Rucker** Predictions of future violence play a central role in most systems of criminal justice. Such assessments help determine the amount of bail imposed, the length of …
Publication • 2020
Filed under: Sentencing
Narrating Context and Rehabilitating Rehabilitation - Federal Sentencing Work in Yale Law School's Challenging Mass Incarceration Clinic \\jciprod01\productn\N\NYC\27-1\NYC101.txt unknown Seq: 1 20-OCT-20 7:49 NARRATING CONTEXT AND REHABILITATING REHABILITATION: FEDERAL SENTENCING WORK IN YALE LAW SCHOOL’S CHALLENGING MASS INCARCERATION CLINIC MIRIAM GOHARA 1 ABSTRACT The Challenging Mass Incarceration Clinic (CMIC) at …
Publication • 2020
Filed under: Pardons/Clemency
Justice Policy Center - How Governors Can Use Categorical Clemency as a Corrective Tool 2020 JUSTICE POLICY CENTER RE S E AR CH RE P O R T How Governors Can Use Categorical Clemency as a Corrective Tool Lessons from the States Leah Sakala Roderick Taylor Colette Marcellin November 2020 …
Is Solitary Confinement a Punishment?, Northwestern University Law Review, 2020 ROUGH DRAFT IS SOLITARY CONFINEMENT A PUNISHMENT? John F. Stinneford Nulla poena sine lege—no punishment without law—is one of the oldest and most universally accepted principles of English and American law. 1 Today, thousands of American prisoners are placed in …
Article • May 15, 2020 • from CLN June, 2020
Racism and Wrongful Convictions by Matthew Clarke by Matt Clarke Studies have shown that racial minorities are overrepresented among the known wrongful convictions. But even this simple and easily provable statement runs afoul of several difficulties, including a lack of clear definitions for key terms. The meaning of “race” is …
Article • May 15, 2020 • from CLN June, 2020
Sixth Circuit Grants Habeas Relief After Michigan Court Violates Confrontation Clause by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on April 7, 2020, that a Michigan court’s violation of a defendant’s right to confront the witness against him in court was not …
Article • May 15, 2020 • from CLN June, 2020
Fifth Circuit: Defendant Lacked Culpability in Attempting to Export Ammunition by Merely Purchasing It by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fifth Circuit held that a district court clearly erred in assigning a defendant a three-level enhancement for attempting to export ammunition when he …
Article • May 15, 2020 • from CLN June, 2020
Second Circuit: Habeas Petition Not Moot Where It Attacked Inactive Original Order That Gave Rise to Current Active Order Restraining Petitioner’s Liberty by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that a habeas petition is not moot where it attacks an earlier …
Federal District Court Finds ‘Confusion’ Over Law in State Court Excused Late Filing of § 2255 Motion by Dale Chappell by Dale Chappell Finding confusion in the state courts over the status of the law and obstacles put in place by the federal prison system that hindered filing for relief, …
Article • May 15, 2020 • from CLN June, 2020
Seventh Circuit Reiterates IAC Requires Only ‘Reasonable Probability,’ Not ‘More Likely Than Not,’ of Different Outcome by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held that the federal district court unreasonably applied “clearly established federal law” when it erroneously required a more demanding …
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