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Article • March 18, 2020 • from CLN April, 2020
Filed under: Brain Injury, Habeas Corpus
Seventh Circuit Holds Brain Injury May Allow Equitable Tolling to File Late Habeas Petition by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held on February 12, 2020, that a brain injury resulting from a stroke may be an “extraordinary circumstance” that could allow …
Article • March 18, 2020 • from CLN April, 2020
Life Sentence for Murder Overturned by New DNA Technology by Michael Fortino, Ph.D by Michael Fortino, Ph.D. After nearly 10 years behind bars, Lydell Grant, now 42, is on his way to being exonerated after the highest criminal appellate court in Texas vacated his conviction following its review of revised …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Sentencing
Utah District Court Finds First Step Act Gives Court Authority to Reduce Stacked 55-Year § 924(c) Sentence by Chad Marks by Chad Marks Kepa Maumau was a 20 year old young man when he was arrested and charged with multiple 924(c) offenses. He was eventually sentenced to a total of …
Article • February 19, 2020 • from CLN March, 2020
Unsurprisingly Lenient Sentence for Rapist Cop by Anthony Accurso by Anthony Accurso A now-former Louisville, Kentucky, Metro Police officer was sentenced to just five years for five rapes and possession of child pornography. The rapes were reduced to misdemeanors, while the latter was a felony conviction. The first victim came …
Article • February 19, 2020 • from CLN March, 2020
Filed under: Bail, Bail Bonds
Court Rulings Condemning Cash Bail Systems Increasing by Edward Lyon by Ed Lyon A historically overlooked, or at least minimized, constitutional guarantee is that excessive bail amounts must not be imposed upon citizens accused of crimes. Cash bails routinely far exceed not only most people’s ability to pay but are …
Article • February 19, 2020 • from CLN March, 2020
DNA Contamination Threatened Conviction of Innocent Man by Kevin Bliss by Kevin Bliss The NYC Medical Examiner’s office (“ME”) reviewed the DNA analysis procedure in a burglary case that was the only evidence used to charge Darrell Harris with the crime. They found that the DNA sample could have been …
Article • February 19, 2020 • from CLN March, 2020
Study Confirms Immigrants Sentenced More Harshly in Non-Immigrant Areas by Dale Chappell by Dale Chappell A recent Penn State University study confirmed that negative perceptions of immigration and immigrants have affected sentencing in geographic areas not traditionally known for being destinations for immigrants. Prior to the 1990s, Hispanics traditionally immigrated …
Article • February 19, 2020 • from CLN March, 2020
Filed under: Sentencing
Sixth Circuit Vacates Sentence Because District Court Relied on Uncharged Shooting Allegation for Upward Departure from Sentencing Guidelines Range by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit vacated the sentence of Andre D. Hatcher, Jr. because the district court relied on an uncharged …
Article • February 19, 2020 • from CLN March, 2020
Filed under: Sentencing
Texas Court of Criminal Appeals Announces New Test in Comparing Out-of-State Priors for Sentence Enhancement for Repeat Sex Offenders by Michael Berk by Michael Berk The Texas Court of Criminal Appeals announced a new test for determining whether a prior out-of-state conviction is “substantially similar” to enumerated Texas offenses for …
Article • February 19, 2020 • from CLN March, 2020
Filed under: Habeas Corpus
Ninth Circuit Affirms Habeas Relief Where Counsel Failed to Present Mitigating Evidence at Penalty Phase by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s judgment granting habeas relief to Jesse James Andrews because his attorneys failed to present extensive and …
Article • February 18, 2020 • from CLN March, 2020
Filed under: Sentencing
Eleventh Circuit: Selling Body Armor Doesn’t Satisfy Sentencing Guidelines’ Definition of ‘Use’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit held that selling body armor doesn’t meet the definition for “the use of body armor” as defined in § 3B1.5 of the Sentencing …
Article • February 18, 2020 • from CLN March, 2020
Filed under: Parole
Nevada Supreme Court: Parole Board May Petition To Modify Life Sentence by Anthony Accurso by Anthony Accurso The Supreme Court of Nevada held that the Nevada Board of Parole Commissioners had the authority to petition a district court to modify a defendant’s sentence and remove him from lifetime parole. Marlin …
Collateral Consequences Resource Center - Pathways to Reintegration Criminal Record Reforms in 2019 Pathways to Reintegration: Criminal Record Reforms in 2019 February 2020 s COLLATERAL CONSEQUENCES RESOURCE CENTER The Collateral Consequences Resource Center is a non-profit organization established in 2014 to promote public engagement on the myriad issues raised by …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Wrongful Conviction
Freedom or Restitution for the Wrongfully Convicted by Jayson Hawkins by Jayson Hawkins "I’m sitting here a semblance, trying to get back to me,” Jimmy Dennis admitted from the relative safety of his living room, afraid to venture beyond his doorstep. Dennis exhibited the symptoms of post-traumatic stress disorder, including …
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 …
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