Skip navigation
Criminal Legal News

Search

More search options »
1226 results
Page 24 of 62. « Previous | 1 2 3 4 ... 20 21 22 23 24 25 26 27 28 ... 58 59 60 61 62 | Next »

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
Article • October 16, 2019 • from CLN November, 2019
Filed under: Sentencing
California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64 by Douglas Ankney by Douglas Ankney In a case of first impression, the California Court of Appeal for Division One of the First District announced that a person convicted of felony accessory is …
Hundreds of Missouri Prisoners May Be Released Under New Sentencing Reform Law
Article • October 16, 2019 • from CLN November, 2019
Filed under: Criminal justice system reform, Sentencing
Hundreds of Missouri Prisoners May Be Released Under New Sentencing Reform Law by Dale Chappell by Dale Chappell Missouri Governor Mike Parson signed into law in early July reforms to the state’s sentencing and parole laws that may help hundreds of prisoners obtain early release. The new measures allow prisoners …
U.S. District Court Grants Savings Clause Petition, Vacates Mandatory Life Sentence
Article • October 16, 2019 • from CLN November, 2019
Filed under: Sentencing, Pardons/Clemency
U.S. District Court Grants Savings Clause Petition, Vacates Mandatory Life Sentence by Dale Chappell by Dale Chappell After the case had been sitting in the courts for seven years, the U.S. District Court for the Western District of North Carolina granted relief under the “savings clause” of 28 U.S.C. § …
Tenth Circuit: District Court Abused Discretion in Denying § 2255 Petition Without Hearing Where Record Didn’t Conclusively Show Defendant Not Entitled to Relief
Article • October 16, 2019 • from CLN November, 2019
Filed under: Sentencing
Tenth Circuit: District Court Abused Discretion in Denying § 2255 Petition Without Hearing Where Record Didn’t Conclusively Show Defendant Not Entitled to Relief by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit ruled that a district court abused its discretion when it denied a …
Ninth Circuit: Drug Quantity in PSR Adopted by Sentencing Court not Binding in § 3582(c)(2) Sentence Reduction Proceedings
Article • October 16, 2019 • from CLN November, 2019
Filed under: Sentencing
Ninth Circuit: Drug Quantity in PSR Adopted by Sentencing Court not Binding in § 3582(c)(2) Sentence Reduction Proceedings by Michael Berk by Michael Berk The U.S. Court of Appeals for the Ninth Circuit held that a court determining eligibility for a sentence reduction based on an amended Guidelines range is …
Fifth Circuit Reiterates Diligence Under AEDPA Requires Consideration of Actions Both Before and After Filing of Habeas Petition
Article • October 16, 2019 • from CLN November, 2019
Filed under: Habeas Corpus, AEDPA
Fifth Circuit Reiterates Diligence Under AEDPA Requires Consideration of Actions Both Before and After Filing of Habeas Petition by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit held on August 2, 2019, that the failure of a state court to notify a petitioner that …
Fifth Circuit: First Step Act Doesn’t Permit Plenary Resentencing in Retroactive Application of the Fair Sentencing Act
Article • October 16, 2019 • from CLN November, 2019
Filed under: Criminal justice system reform, Sentencing
Fifth Circuit: First Step Act Doesn’t Permit Plenary Resentencing in Retroactive Application of the Fair Sentencing Act by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit ruled that the First Step Act of 2018 (“First Step Act”) does not permit plenary resentencing when the …
Fourth Circuit Grants Habeas Relief to Pre-Trial State Prisoner on Double Jeopardy Grounds
Article • October 16, 2019 • from CLN November, 2019
Filed under: Habeas Corpus, Double jeopardy
Fourth Circuit Grants Habeas Relief to Pre-Trial State Prisoner on Double Jeopardy Grounds by Dale Chappell by Dale Chappell Finding that a South Carolina state court violated a state pre-trial defendant’s right against double jeopardy by granting a mistrial when the State wasn’t prepared for trial, the U.S. Court of …
Tens of Thousands of Sentencing Decisions Are Hidden Within PACER, Hindering Access by Lawyers and Defendants
Article • October 15, 2019 • from CLN November, 2019
Filed under: Court Access, Legal Materials, Sentencing
Tens of Thousands of Sentencing Decisions Are Hidden Within PACER, Hindering Access by Lawyers and Defendants by Dale Chappell by Dale Chappell Thanks to technology, judges’ decisions in the thousands of sentences they impose each year get isolated in an unsearchable database called PACER — Public Access to Court Electronic …
Pennsylvania Supreme Court: Probationer Must Violate Specific Condition of Probation or Commit New Crime to Be Found in Violation
Article • October 14, 2019 • from CLN November, 2019
Filed under: Probation
Pennsylvania Supreme Court: Probationer Must Violate Specific Condition of Probation or Commit New Crime to Be Found in Violation by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania held that a court must find, based on a preponderance of the evidence, that a probationer violated a specific condition …
Prosecutors Working to Clear Wrongful Convictions With Mixed Results
Article • October 14, 2019 • from CLN November, 2019
Filed under: Wrongful Conviction
Prosecutors Working to Clear Wrongful Convictions With Mixed Results by Bill Barton by Bill Barton Before the murder charge against him was finally dropped, Richard Phillips had the decidedly dubious distinction of being locked up longer than any other eventually exonerated prisoner—he was incarcerated for 45 years, convicted of a …
Tennessee Criminal Justice Investment Task Force review, 2019
Publication • October 11, 2019
Filed under: War on Drugs, Rehabilitation/Recidivism, Sentencing, Parole, Parole Conditions, Overdetention, Mental Health
Tennessee Criminal Justice Investment Task Force review, 2019 Criminal Justice Investment Task Force Acknowledgements While the work of a number of subcommittees of the Tennessee Criminal Justice Investment Task Force is ongoing and not reflected within this report, the Task Force would like to thank the following agencies, associations, and …
Taylor v. City of Chicago, IL, Memo Opinion and Order, Wrongful Conviction, 2019
Brief • September 23, 2019
Filed under: Wrongful Conviction
Taylor v. City of Chicago, IL, Memo Opinion and Order, Wrongful Conviction, 2019 Case: 1:14-cv-00737 Document #: 524 Filed: 09/23/19 Page 1 of 34 PageID #:13021 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION DANIEL TAYLOR, ) ) Plaintiff, ) ) v. ) ) …
Kentucky Supreme Court Rules Parole Board’s Revocation Procedures Are Unconstitutional
Article • September 17, 2019 • from CLN October, 2019
Filed under: Parole, Fifth Amendment
Kentucky Supreme Court Rules Parole Board’s Revocation Procedures Are Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Kentucky held that the Parole Board’s (“Board”) current conditional-freedom final revocation hearing procedures for post-incarceration supervisees violate an offender’s due process rights. David Wayne Bailey was released from prison and …
Michigan Will Pay $1.5 Million to Longest Serving Exonerated Prisoner
Article • September 17, 2019 • from CLN October, 2019
Filed under: Settlements, Wrongful Conviction, Wrongful Imprisonment
Michigan Will Pay $1.5 Million to Longest Serving Exonerated Prisoner by Bill Barton by Bill Barton Richard Phillips, a Michigan man who was wrongfully incarcerated for 46 years before being exonerated in spring 2018, will receive a settlement of $1.5 million from the state, more than a year after he …
Ninth Circuit Announces that District Court Cannot Sua Sponte Raise Waiver as Ground to Dismiss Motion for Sentence Reduction
Article • September 17, 2019 • from CLN October, 2019
Filed under: Appeals, Sentencing
Ninth Circuit Announces that District Court Cannot Sua Sponte Raise Waiver as Ground to Dismiss Motion for Sentence Reduction by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit announced that a district court cannot sua sponte raise a …
Maryland Court of Appeals: Sentence Imposed on Remand That Is of Equal Maximum Length as Former Sentence but With Longer Term Before Parole Eligibility Is ‘More Severe’
Article • September 17, 2019 • from CLN October, 2019
Filed under: Appeals, Sentencing, Parole
Maryland Court of Appeals: Sentence Imposed on Remand That Is of Equal Maximum Length as Former Sentence but With Longer Term Before Parole Eligibility Is ‘More Severe’ by Douglas Ankney by Douglas Ankney The Court of Appeals of Maryland held that where a circuit court imposed on remand a sentence …
Seventh Circuit Announces That More Than Psychological Coercion Required to Trigger § 2B3.1(b)(4)(B) Sentencing Enhancement, Disapproving Prior Holdings to the Contrary
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 …
Page 24 of 62. « Previous | 1 2 3 4 ... 20 21 22 23 24 25 26 27 28 ... 58 59 60 61 62 | Next »