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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. ) ) …
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 …
Article • September 17, 2019 • from CLN October, 2019
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 …
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 …
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 …
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 16, 2019 • from CLN October, 2019
Partial Justice by Christopher Zoukis How a Judiciary Poisoned by Politics, Ideology, and Unaccountability Contributes to the Wrongful Conviction of Innocent Men and Women by Christopher Zoukis, MBA Alexander Hamilton said in Federalist Paper No. 78 that the judiciary “may truly be said to have neither force nor will but …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Bail
St. Louis Ordered to Stop Holding Detainees Simply Because They Can’t Afford Bail by Kevin Bliss by Kevin Bliss In response to a lawsuit, District Court Judge Audrey Fleissig of the Eastern District of Missouri ruled in favor of four detainees in St. Louis’ City Workhouse, forbidding St. Louis’ “jail …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Sentencing
Debunked Shaken-Baby Syndrome Leads to Reduced Sentence by Anthony Accurso by Anthony Accurso An Ohio man who spent 27 years on death row for the 1991 murder of his daughter Domika—based largely on now-debunked shaken baby syndrome—had his conviction overturned and has accepted a plea deal for a life sentence …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Bail
Video Bail Hearings Violate Rights in Many Ways by Edward Lyon by Ed Lyon Television crime dramas really do reflect reality when they show that one of the first things that occurs in an arrestee’s life is an arraignment. It is at this proceeding a judge hears whatever evidence the …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Sentencing
Florida Supreme Court Holds Sentencing Statute That Allows Judge to Determine Dangerousness Triggering Upward Depar-ture of Maximum Sentence Unconstitutional by Dale Chappell by Dale Chappell A Florida sentencing statute that allows a judge to find aggravating factors to impose a higher sentence violates the Sixth Amendment to the U.S. Constitution, …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Habeas Corpus
7th Circuit Instructs District Court to Grant Federal Prisoner’s Habeas Based on § 2255(e) Savings Clause by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit reversed a district court’s judgment and remanded with instructions to grant a federal prisoner’s 28 U.S.C. § 2241 habeas …
Article • August 21, 2019 • from CLN September, 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 September 2013, William Roy Boatwright was arrested while exiting a house later discovered to contain 107 pounds of marijuana, 60 pounds of marijuana shake, a vacuum-sealing …
Article • August 20, 2019 • from CLN September, 2019
Filed under: Wrongful Conviction
$13.1 Million Settlement Reached by Actor Framed for Murder by Douglas Ankney by Douglas Ankney The Board of Supervisors of San Francisco approved a settlement of $13.1 million in a claim brought by a man who had spent more than six years in prison after police framed him for murder. …
Article • August 19, 2019 • from CLN September, 2019
Filed under: Alternative Sentencing
Indiana Supreme Court Reduces 30-Year Prison Sentence to 23-Year Community Corrections Placement in Rare Case by Chad Marks by Chad Marks In August 2013, Lisa Livingston was arrested for various drug charges involving 3.35 grams of methamphetamine and one baggie of cocaine weighing 1.89 grams. Livingston posted a $75,000 property …
Article • August 19, 2019 • from CLN September, 2019
Filed under: Sentencing
New Jersey Supreme Court: Prosecution May Appeal Drug Court Sentence Only When Sentence Is Illegal by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey held that the State cannot appeal a “special probation Drug Court sentence” unless the sentence is illegal. Susan Hyland was driving drunk when …
Article • August 19, 2019 • from CLN September, 2019
Filed under: Sentencing, Immigration
Change to New York Misdemeanor Definition May Benefit Non-Citizens by Michael Berk by Michael Berk New York’s new amendment to its penal code reduces the maximum sentence for Class A misdemeanor offenses to 364 days. The previous maximum punishment was one year in jail. The One Day to Protect New …
Article • August 19, 2019 • from CLN September, 2019
Filed under: Sentencing
Column: Obtaining Relief Under 'Davis' in the Wake of 'Johnson' by Dale Chappell by Dale Chappell The good news is that the Supreme Court of the United States has declared yet another residual clause unconstitutional. The not-so-good news is that the last time the Court did this, the lower courts …
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