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Article • September 17, 2019 • from CLN October, 2019
Filed under: Attorneys, Appeals
First Circuit Rules Appeal Waiver Does Not Relieve Counsel of Duty to Consult About an Appeal by Dale Chappell by Dale Chappell In a case applying a newly minted U.S. Supreme Court decision, the U.S. Court of Appeals for the First Circuit held that an appeal waiver in a plea …
Article • September 17, 2019 • from CLN October, 2019
Fifth Circuit Announces that Categorical Approach Applied to SORNA Doesn’t Permit Circustance-Specific Inquiry Into Offender/Victim Age Differential by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Fifth Circuit held that the text of the Sexual Offense Registration and Notification Act …
Article • September 17, 2019 • from CLN October, 2019
Filed under: Appeals, Sentencing
Seventh Circuit Announces That More Than Psychological Coercion Required to Trigger § 2B3.1(b)(4)(B) Sentencing Enhancement, Disapproving Prior Holdings to the Contrary by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit announced that something more than psychological coercion is required before a sentencing court can …
Article • September 17, 2019 • from CLN October, 2019
Filed under: Sentencing
New Hampshire Supreme Court: State’s Armed Career Criminal Statute Applies Only When Qualifying Convictions Arise From at Least 3 Separate Criminal Episodes by Douglas Ankney by Douglas Ankney The Supreme Court of New Hampshire held that the state’s armed career criminal statute (codified at RSA 159:3-a) applies only to persons …
Article • September 17, 2019 • from CLN October, 2019
Filed under: Three Strikes
U.S. District Court Holds Residual Clause of Federal Three-Strikes Law Unconstitutional by Dale Chappell by Dale Chappell The U.S. District Court for the Southern District of California granted postconviction relief on June 12, 2019, to a federal prisoner serving a mandatory life sentence, holding that the so-called “residual clause” of …
Article • September 17, 2019 • from CLN October, 2019
Filed under: DNA Testing/Samples
Genetic Testing Raises Privacy Concerns by Bill Barton by Bill Barton DNA testing, once an expensive technology, is now so inexpensive that approximately 26 million people have taken advantage of it,” according to Slate.com. “With sites like Ancestry.com and 23andMe, you can easily submit samples of your DNA and receive …
Article • September 17, 2019 • from CLN October, 2019
Michigan Supreme Court: Reaching Out Door of Home to Retrieve ID Inadequate to Surrender Fourth Amendment Rights by David Reutter by David Reutter The Supreme Court of Michigan held that a defendant did not expose herself to public arrest when she reached out of her doorway to retrieve her identification …
Article • September 17, 2019 • from CLN October, 2019
Tenth Circuit: No Absolute Immunity for Prosecutor Who Fabricated Evidence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit affirmed a district court’s decision that a prosecutor does not enjoy absolute immunity from suit for fabricating evidence during a preliminary investigation. In November 1999, …
Article • September 17, 2019 • from CLN October, 2019
The Power of Sheriffs: An Explainer by Jessica Brand  by Jessica Brand, The Appeal This Explainer was produced by The Appeal, a nonprofit criminal justice news site. In our Explainer series, Justice Collaborative lawyers and other legal experts help unpack some of the most complicated issues in the criminal justice …
Article • September 17, 2019 • from CLN October, 2019
Pitfalls of Using Risk Assessment Tools by Jayson Hawkins by Jayson Hawkins In the push for criminal justice reform, several ideas have emerged to help fix our broken system. Many experts have promoted risk assessments as effective tools that could be employed at every level of criminal justice to provide …
Article • September 16, 2019 • from CLN October, 2019
Filed under: Appeals
Eleventh Circuit Holds Time on Appeal Counts When Considering If Sentence Was Imposed Under Residual Clause by Dale Chappell by Dale Chappell In a case that may have lowered one of the hurdles erected by the U.S. Court of Appeals for the Eleventh Circuit to stop the flow of relief …
Article • September 16, 2019 • from CLN October, 2019
Filed under: Appeals
Fourth Circuit Holds Appeal Waiver Does Not Preclude Retroactive ACCA Claim by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit held that retroactive ACCA claims are not barred by a defendant’s appeal waiver, and defendant’s 1976 Georgia burglary conviction is no longer a valid …
Article • September 16, 2019 • from CLN October, 2019
Third Circuit Rules Lower Courts Abused Discretion When They Failed to Conduct Evidentiary Hearing on Brady Claim and on Conflict of Interest Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that the Superior Court abused its discretion when it failed to …
Article • September 16, 2019 • from CLN October, 2019
Filed under: Guilty Pleas
Whether State or Federal, Most Convictions Are Overwhelmingly Based on Guilty Pleas by Edward Lyon by Ed Lyon Readers of Criminal Legal News and Prison Legal News are familiar with the fact that criminal convictions occur mostly as a result of guilty or no-contest pleas. A recently released report by …
Article • September 16, 2019 • from CLN October, 2019
Minnesota Supreme Court: Even With a Warrant, Forced Anoscopy Is Unreasonable Search by Douglas Ankney by Douglas Ankney The Supreme Court of Minnesota ruled that forcing a suspect to undergo an anoscopy to retrieve a baggie from his rectum was an unreasonable search even though police had obtained a warrant …
Article • September 16, 2019 • from CLN October, 2019
9th Circuit Finds IAC for Failure to Investigate Mitigating Factors During Penalty Phase of Capital Case by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Ninth Circuit vacated and remanded the defendant’s death sentence for first-degree murder because defense counsel failed to investigate mitigating evidence of …
Article • September 16, 2019 • from CLN October, 2019
Oregon Supreme Court Announces State Constitution Prohibits Cops From Digging Through Residents’ Trash Without a Warrant by Mark Wilson by Mark Wilson Departing from 50 years of precedent, the Supreme Court of Oregon held that Oregonians retain a constitutionally protected privacy interest in garbage that they leave at the curb …
Article • September 16, 2019 • from CLN October, 2019
SCOTUS Declares Portion of Federal Supervised Release Statute Unconstitutional by Dale Chappell by Dale Chappell A sharply divided Supreme Court of the United States narrowly held on June 26, 2019, that the revocation provision of the federal sex offender supervised release statute is unconstitutional because it violates the right to …
Article • September 16, 2019 • from CLN October, 2019
Tracking Phones: Google as a Dragnet for the Police by Bill Barton by Bill Barton The Google Sensorvault database has been used by law enforcement agencies on multiple occasions to obtain what are being called “geofence” warrants, which specify an area and period of time and require Google to provide …
Article • September 16, 2019 • from CLN October, 2019
Who Inflicts the Most Gun Violence in America? The U.S. Government and Its Police Forces by John W. Whitehead by John W. Whitehead, Commentary, The Rutherford Institute “It is often the case that police shootings, incidents where law enforcement officers pull the trigger on civilians, are left out of the …
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