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Racism and Wrongful Convictions
Article • May 15, 2020 • from CLN June, 2020
Filed under: Wrongful Conviction, Racial Profiling
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 …
Sixth Circuit Grants Habeas Relief After Michigan Court Violates Confrontation Clause
Article • May 15, 2020 • from CLN June, 2020
Filed under: Habeas Corpus, Confrontation Clause/Rights
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 …
Fifth Circuit: Defendant Lacked Culpability in Attempting to Export Ammunition by Merely Purchasing It
Article • May 15, 2020 • from CLN June, 2020
Filed under: U.S. Sentencing Guidelines
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 …
Second Circuit: Habeas Petition Not Moot Where It Attacked Inactive Original Order That Gave Rise to Current Active Order Restraining Petitioner’s Liberty
Article • May 15, 2020 • from CLN June, 2020
Filed under: Mootness, Habeas Corpus, Mental Health
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
Article • May 15, 2020 • from CLN June, 2020
Filed under: U.S. Sentencing Guidelines, Miscalculation of the Guidelines Sentencing Range
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, …
Seventh Circuit Reiterates IAC Requires Only ‘Reasonable Probability,’ Not ‘More Likely Than Not,’ of Different Outcome
Article • May 15, 2020 • from CLN June, 2020
Filed under: Habeas Corpus, Ineffective Assistance of Counsel
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 …
U.S. Supreme Court Justice Files Statement on Court’s Refusal to Hear Habeas Case, Despite Deep Circuit Split
Article • May 15, 2020 • from CLN June, 2020
Filed under: Habeas Corpus
U.S. Supreme Court Justice Files Statement on Court’s Refusal to Hear Habeas Case, Despite Deep Circuit Split by Dale Chappell by Dale Chappell While the U.S. Supreme Court refused to hear a case to settle a deep and widening split among the federal courts, the Court’s newest justice filed a …
Nevada Supreme Court Rules Bail Determination Requires Due Process and Severs Unconstitutional Language from Bail Statute
Article • May 15, 2020 • from CLN June, 2020
Filed under: Bail, Pending Appeal/Sentencing
Nevada Supreme Court Rules Bail Determination Requires Due Process and Severs Unconstitutional Language from Bail Statute by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Nevada ruled that bail determinations for pretrial detainees requires due process, announced the procedures to be followed, and …
U.S. Prison Decline: Insufficient to Undo Mass Incarceration, The Sentencing Project, 2020
Publication • May 1, 2020
Filed under: Statistics/Trends, Overdetention
U.S. Prison Decline: Insufficient to Undo Mass Incarceration, The Sentencing Project, 2020 U.S. PRISON DECLINE: INSUFFICIENT TO UNDO MASS INCARCERATION U.S. Prison Decline: Insufficient to Undo Mass Incarceration By yearend 2018, the U.S. prison population reached 1.4 million people, declining by 9% since reaching its peak level in 2009. This …
Could a Second Chance be the Answer?
Article • April 15, 2020 • from CLN May, 2020
Filed under: Parole
Could a Second Chance be the Answer? by Kevin Bliss by Kevin Bliss Louisiana has one of the U.S.’s toughest second-degree murder sentencing structures. If convicted, it is an automatic life without parole. The state currently has about 5,000 of its approximately 33,000 prisoners serving life sentences, 51 percent of …
Wrongfully Convicted NY Man Freed After 24 Years
Article • April 15, 2020 • from CLN May, 2020
Filed under: Wrongful Conviction, Unjust Conviction Statute
Wrongfully Convicted NY Man Freed After 24 Years by Jayson Hawkins by Jayson Hawkins There were many times Pablo Fernandez could have given up. Yet after spending over half his life behind bars, he never wavered in maintaining his innocence. ‘‘It was so difficult for me to be in prison …
Changing Perception, Changing The Law
Article • April 15, 2020 • from CLN May, 2020
Filed under: Sentencing, U.S. Sentencing Guidelines
Changing Perception, Changing The Law by Jean Trounstine What Mass. lawmakers can learn from the battle to end death by incarceration across the country by Jean Trounstine, DigBoston, March 3, 2020 With 2.3 million people behind bars, the United States is the world’s largest jailer. Yet after decades of holding …
California Supreme Court Finds IAC, Vacates Conviction in LAPD Officer’s Murder Case (Again) – 36 Years Later
Article • April 15, 2020 • from CLN May, 2020
Filed under: Habeas Corpus, Ineffective Assistance of Counsel
California Supreme Court Finds IAC, Vacates Conviction in LAPD Officer’s Murder Case (Again) – 36 Years Later by Dale Chappell by Dale Chappell The Supreme Court of California granted habeas corpus relief, vacating a conviction and death sentence in the 1983 murder of Los Angeles Police Officer Paul Verna, after …
Ninth Circuit Opens Door for Savings Clause Relief, Recognizes ‘Actual Innocence’ for Mandatory Career Offender Sentences
Article • April 15, 2020 • from CLN May, 2020
Filed under: U.S. Sentencing Guidelines
Ninth Circuit Opens Door for Savings Clause Relief, Recognizes ‘Actual Innocence’ for Mandatory Career Offender Sentences by Dale Chappell by Dale Chappell Finally answering a question that had been left open in the Circuit, the U.S. Court of Appeals for the Ninth Circuit held on February 24, 2020, that a …
Seventh Circuit: Trial Judge Violated 5th Amendment by Modifying Instructions to Allow Jury to Convict on Offenses Not Charged in Indictment
Article • April 15, 2020 • from CLN May, 2020
Filed under: Sentencing
Seventh Circuit: Trial Judge Violated 5th Amendment by Modifying Instructions to Allow Jury to Convict on Offenses Not Charged in Indictment by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit held that a district court judge violated Ionel Muresanu’s Fifth Amendment right to be …
Attacking the Guilty Plea: The Ineffective Assistance of Counsel Standard
Article • April 15, 2020 • from CLN May, 2020
Filed under: Wrongful Conviction
Attacking the Guilty Plea: The Ineffective Assistance of Counsel Standard by Dale Chappell by Dale Chappell More than 95 percent of state and federal prisoners plead guilty, and most of them do so on the advice of their lawyer. A successful attack on a guilty plea would then depend on …
SCOTUS: ‘Serious Drug Offense’ Under ACCA Is Self-Defining, Match with Equivalent Federal Offense Not Required
Article • April 15, 2020 • from CLN May, 2020
Filed under: Sentencing
SCOTUS: ‘Serious Drug Offense’ Under ACCA Is Self-Defining, Match with Equivalent Federal Offense Not Required by Dale Chappell by Dale Chappell The Supreme Court of the United States held on February 26, 2020, that just as the elements clause of the Armed Career Criminal Act (“ACCA”) statute provides the criteria …
SCOTUS: Advocating for Shorter Sentence Sufficient to Preserve Claim that Sentence Imposed Greater Than Necessary to Comply With 18 U.S.C. § 3553(a)
Article • April 15, 2020 • from CLN May, 2020
Filed under: U.S. Sentencing Guidelines
SCOTUS: Advocating for Shorter Sentence Sufficient to Preserve Claim that Sentence Imposed Greater Than Necessary to Comply With 18 U.S.C. § 3553(a) by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) ruled that when a defendant argues before the trial court for a sentence shorter …
New York Court of Appeals Orders Resentencing Because Trial Court Relied on Testimony from Improperly Unsealed Record
Article • April 15, 2020 • from CLN May, 2020
Filed under: U.S. Sentencing Guidelines
New York Court of Appeals Orders Resentencing Because Trial Court Relied on Testimony from Improperly Unsealed Record by Douglas Ankney by Douglas Ankney The New York Court of Appeals ordered that the defendant (not identified by name) be resentenced because the trial court had imposed an enhanced sentence based on …
Georgia Supreme Court Reverses Dismissal of Second State Habeas Petition
Article • April 15, 2020 • from CLN May, 2020
Filed under: Habeas Corpus, Reversal of Precedent, Juror Misconduct Issues
Georgia Supreme Court Reverses Dismissal of Second State Habeas Petition by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia reversed the Walker County Superior Court’s dismissal of Joseph Samuel Watkins’ second petition for writ of habeas corpus. Watkins was convicted in 2001 of felony murder, and his conviction …
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