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Sixth Circuit Grants § 2254 Habeas Relief in Unusual Case of Attorney Failing to Initiate Plea Negotiations

Article • November 19, 2019 • from CLN December, 2019

Filed under: Habeas Corpus

Sixth Circuit Grants § 2254 Habeas Relief in Unusual Case of Attorney Failing to Initiate Plea Negotiations by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit reversed the decision of a district court that denied habeas relief. In an unusual ruling, the Sixth Circuit …

Another notable (but ultimately disappointing) ruling about sentence reductions under § 3582(c)(1)(A) after FIRST STEP Act

Article • November 18, 2019 • from CLN December, 2019

Filed under: Criminal justice system reform, Sentencing

Another notable (but ultimately disappointing) ruling about sentence reductions under § 3582(c)(1)(A) after FIRST STEP Act by Professor Douglas A. Berman by Professor Douglas A. Berman, Sentencing Law and Policy blog (sentencing.typepad.com) As regular readers know, in prior posts I have made much of a key provision of the FIRST STEP …

In Landmark Opinion, Colorado Supreme Court Announces Courts May Not Sentence Defendant to Both Prison and Probation in Multi-Count Cases

Article • November 18, 2019 • from CLN December, 2019

Filed under: Sentencing, Probation

In Landmark Opinion, Colorado Supreme Court Announces Courts May Not Sentence Defendant to Both Prison and Probation in Multi-Count Cases by Richard Resch by Richard Resch The Supreme Court of Colorado unanimously held that sentencing courts may not impose imprisonment for certain offenses and probation for others when sentencing for …

9th Circuit: Sentence Under 18 U.S.C. § 3583(k) Violated Ex Post Facto Clause When Underlying Offense Was Committed in 2005

Article • November 18, 2019 • from CLN December, 2019

Filed under: Ex Post Facto

9th Circuit: Sentence Under 18 U.S.C. § 3583(k) Violated Ex Post Facto Clause When Underlying Offense Was Committed in 2005 by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that a sentence under 18 U.S.C. § 3583(k) for revocation of a term of …

10th Circuit: Child Porn Stored on Multiple Devices Constitutes One Count of Possession Under 18 U.S.C. § 2252A(a)(5)(B)

Article • November 18, 2019 • from CLN December, 2019

Filed under: Sentencing

10th Circuit: Child Porn Stored on Multiple Devices Constitutes One Count of Possession Under 18 U.S.C. § 2252A(a)(5)(B) by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that child pornography stored on multiple devices at the same location and at the same time …

Tell Me What I Want to Hear, Not What I Need to Hear: How Confirmation Bias Causes Wrongful Convictions

Article • November 16, 2019 • from CLN December, 2019

Filed under: Wrongful Conviction

Tell Me What I Want to Hear, Not What I Need to Hear: How Confirmation Bias Causes Wrongful Convictions by Dale Chappell by Dale Chappell What if I invited you to a conference at a fancy hotel where experts would present solid evidence that questions the validity of something you …

Second Circuit Clarifies Conditions for Releasing a Defendant on Bail to Home Detention With Private Armed Security Guards

Article • November 16, 2019 • from CLN December, 2019

Filed under: Bail

Second Circuit Clarifies Conditions for Releasing a Defendant on Bail to Home Detention With Private Armed Security Guards by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit clarified the circumstances when a defendant’s bail may include home confinement coupled with private armed security guards. …

Oregon Identity Theft Convictions Merge Into Aggravated Identity Theft

Article • October 19, 2019

Filed under: Searches, Sentencing, Police, Traffic stop

Oregon Identity Theft Convictions Merge Into Aggravated Identity Theft by Mark Wilson by Mark Wilson  The Oregon Supreme Court held that the Legislature intended that if the state aggregates multiple identity thefts to serve as the basis for an aggravated identity theft, the identity thefts are lesser-included offenses of the …

California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64