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Article • January 21, 2020 • from CLN February, 2020
Fourth Circuit Clarifies How to Bring a First Step Act Motion Applying the Fair Sentencing Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on November 20, 2019, that a less familiar provision of 18 U.S.C. § 3582 is the proper vehicle …
Article • January 21, 2020 • from CLN February, 2020
Illinois Supreme Court: Statute Banning All Sex Offenders on Probation From Accessing or Using Social Networking Websites Facially Unconstitutional by Douglas Ankney by Douglas Ankney At issue in this case is the constitutionality of 730 ILCS 5/5-6-3(a)(8.9), which imposes as a condition of probation on all sex offenders a complete, …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Defenses, Habeas Corpus
Sixth Circuit: Grant of Habeas on Grounds that State Trial Court Violated Defendant’s Right to Present a Complete Defense by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s conditional grant of a petition for writ of habeas corpus on grounds …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Wrongful Conviction
Thousands of Convictions Questioned; Prisoners Released Show Why Law Enforcement Technology Must Be Tested by Third Parties by Dale Chappell by Dale Chappell Denmark recently released dozens of prisoners after more than 10,000 convictions based on evidence derived from faulty software put people in prison for crimes they didn’t commit. …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Habeas Corpus
Ninth Circuit Holds Evidence from Martinez Hearing Can Be Considered in Granting Habeas Relief, Despite Bar Against Evidentiary Hearings on Facts Not Raised Below by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held on November 29, 2019, that evidence obtained by the district …
Article • January 19, 2020 • from CLN February, 2020
Filed under: Ex Post Facto
First Circuit: Application of Subsequent Guidelines Manual to a Prior, Ungrouped Offense Violates Ex Post Facto Clause by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that a district court violated the Ex Post Facto Clause when it applied the 2016 Guidelines Sentencing …
Article • January 19, 2020 • from CLN February, 2020
Filed under: Parole
Oregon Parole Board Must Explain Reason for Extended Parole Postponement Period by Mark Wilson by Mark Wilson The Court of Appeals of Oregon reversed and remanded the Parole Board’s order deferring prisoner’s parole release date for eight years, ruling that “ORS 144.280(3) requires the [parole] board to issue a final …
Article • December 19, 2019 • from CLN January, 2020
National Fingerprint Database Frees Man After 36 Years by Jayson Hawkins by Jayson Hawkins Archie Williams seemed doomed to die in prison. Sentenced to life without parole for a 1982 stabbing and rape, he managed to survive in Louisiana’s Angola as months bled into years, and years pooled into decades. …
Article • December 18, 2019 • from CLN January, 2020
Filed under: Sentencing
Seventh Circuit Reaffirms Sex Trafficking and Kidnapping Are not Violent Felonies for 924(c) After Davis by Dale Chappell by Dale Chappell After a remand by the U.S. Supreme Court, the U.S. Court of Appeals for the Seventh Circuit, on July 30, 2019, reaffirmed its earlier decision in two cases that …
Article • December 18, 2019 • from CLN January, 2020
Filed under: Sentencing
Colorado Supreme Court Announces Clarifications and Modifications to Proportionality Review Standard as Applied to Habitual-Offender Sentences by Douglas Ankney by Douglas Ankney On November 4, 2019, the Supreme Court of Colorado announced clarifications and modifications to proportionality reviews of habitual-offender sentences. Belinda May Wells-Yates was found guilty of second-degree burglary, …
Article • December 18, 2019 • from CLN January, 2020
Filed under: Sentencing
Eleventh Circuit: Conspiracy to Commit Hobbs Act Robbery not a Crime of Violence Under 18 U.S.C. § 924(c) by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit held that conspiracy to commit Hobbs Act robbery is not a crime of violence as defined by …
Article • December 18, 2019 • from CLN January, 2020
Filed under: Habeas Corpus
Third Circuit Grants Habeas Relief in Loss of GBMI Plea in Pennsylvania Court Due to IAC, Announces New Rule by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Third Circuit granted habeas relief on September 3, 2019, to a Pennsylvania state prisoner who had lost his …
Article • December 17, 2019 • from CLN January, 2020
Filed under: Sentencing
Washington Supreme Court: Failure to Pay Fines Don’t Increase Sentencing Score by Anthony Accurso by Anthony Accurso The Supreme Court of Washington held that time spent in jail for failure to pay court fines does not count against an offender at sentencing for a new crime. Matthew T. Schwartz pleaded …
Article • December 17, 2019 • from CLN January, 2020
Filed under: Sentencing
U.S. District Court Holds Hobbs Act Robbery not Crime of Violence for § 924(c), Grants § 2255 Motion by Dale Chappell by Dale Chappell The U.S. District Court for the Northern District of California granted a motion under 28 U.S.C. § 2255, holding that substantive Hobbs Act robbery is not …
Article • December 17, 2019 • from CLN January, 2020
Fourth Circuit: Ineffective Assistance of Counsel in Death Penalty Case for Failure to Investigate Fetal Alcohol Syndrome as Mitigating Factor During Sentencing Phase by Chad Marks by Chad Marks The U.S. Court of Appeals for the Fourth Circuit affirmed a district court’s finding that counsel in a capital case was …
Article • December 1, 2019
Misadvice About Oregon Time-Served Credit is Ineffective Assistance of Counsel by Mark Wilson by Mark Wilson  The Oregon Court of Appeals held that misinformation during plea negotiations about time-served credit constitutes ineffective assistance of trial counsel. On September 9, 2011, the State of Oregon charged Omteme Moni Blayas Sanders with …
Man Freed Who Sat in Prison Nearly 30 Years While Prosecutors Withheld Evidence of Innocence by Dale Chappell by Dale Chappell A man who sat in prison for almost 30 years because prosecutors and police withheld evidence that someone else committed the crime was set free July 16, 2019, after …
Article • November 19, 2019 • from CLN December, 2019
High Bail Amounts Lead to Sharp Increase in Franklin, PA, Jail Population by Dale Chappell by Dale Chappell In Franklin County, Pennsylvania, a rural area with about 154,000 residents, high bail amounts are forcing people who can’t afford to purchase their freedom to plead guilty just to get out of …
Article • November 19, 2019 • from CLN December, 2019
Filed under: Appeals, Habeas Corpus
Indiana Supreme Court: Postconviction Petition Addressing Only Issues From New Trial, New Sentencing, or New Appeal From Federal Court via Habeas Proceedings Is Not a Second Petition Under State Law by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that a postconviction petition that raises only issues …
Article • November 19, 2019 • from CLN December, 2019
Filed under: Sentencing
Ninth Circuit: Federal Sentencing Court Must Hear Defendant Before Determining If Acceptance of Responsibility Reduction Applies by David Reutter by David Reutter The U.S. Court of Appeals for the Ninth Circuit held that a “sentencing court erred by concluding that it could not first hear from the defendant before determining …
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