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Article • July 17, 2019 • from CLN August, 2019
Filed under: Habeas Corpus
Wisconsin Supreme Court Holds That Statute Doesn’t Require Habeas Petitioner to Plead Timeliness, Overruling Smalley v. Morgan by Douglas Ankney by Douglas Ankney The Supreme Court of Wisconsin held that neither Wisconsin Statute (“Wis. Stat”) § (Rule) 809.51 nor principles of equity impose a “prompt and speedy” pleading requirement in …
Article • July 17, 2019 • from CLN August, 2019
Filed under: Sentencing
Study Details the Effect of Brain Scan Evidence on Sentencing by Anthony Accurso by Anthony Accurso A new study shows that neurobiological evidence (brain scans) used at sentencing may reduce the amount of prison time prescribed at sentencing but may conversely also increase the amount of prescribed involuntary hospitalization.  This …
Article • July 17, 2019 • from CLN August, 2019
Filed under: Bail
New York City’s Bail Success Story by Bill Barton by Bill Barton A new study that analyzed more than 5 million criminal cases in New York City — beginning in 1987 — intimates that the city has “already done a better job of slashing its use of bail and jail …
Article • July 17, 2019 • from CLN August, 2019
Filed under: Sentencing
Seventh Circuit Orders Grant of Successive § 2255 Motion and Resentencing in Pre-Booker Mandatory Guidelines Case Involving Elements Clause’s Definition of ‘Crime of Violence’ by Chad Marks by Chad Marks In 1987, Todd D’Antoni was charged with selling cocaine to a juvenile resulting in her death. While being held in …
Article • July 17, 2019 • from CLN August, 2019
Filed under: Parole, Juveniles
West Virginia Supreme Court Announces Parole Eligibility Statute for Prisoners Who Committed Crimes as Minors is Retroactive by Douglas Ankney by Douglas Ankney The Supreme Court of West Virginia announced that the provision of the Juvenile Sentencing Reform Act of 2014 that applies to parole eligibility for persons who committed …
Article • July 17, 2019 • from CLN August, 2019
Filed under: Sentencing
California Supreme Court: Prop 47 Requires Dismissal of Conviction Based on a Predicate Felony That Is Later Reduced to a Misdemeanor by Douglas Ankney by Douglas Ankney The Supreme Court of California ruled that when the felony underlying a conviction for “street terrorism” is later reduced to a misdemeanor, then …
Article • July 17, 2019 • from CLN August, 2019
Filed under: Sentencing
Hawai’i Supreme Court Remands for Resentencing Where Circuit Court Considered Defendant’s Refusal to Admit Guilt in Imposing Consecutive Sentences by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i remanded for resentencing in a case where the circuit court based the sentence, in part, on the defendant’s refusal to …
Article • July 16, 2019 • from CLN August, 2019
Filed under: Sentencing
Fifth Circuit: Plain Error Requiring Resentencing Where Court Didn’t Give Defendant Chance to Speak at Sentencing Hearing and Prospective Allocution Provided Added Details to Lead Reasonable Judge to Reconsider Harsh Sentence by Michael Berk by Michael Berk The U.S. Court of Appeals for the Fifth Circuit remanded Jose Santos Figueroa-Coello’s …
Article • July 16, 2019 • from CLN August, 2019
Parole a Detriment to Rehabilitation; ‘Less Is More’ Reform Sensible by Kevin Bliss by Kevin Bliss Prison reform advocates contend that parole does more to perpetuate recidivism than it does to monitor positive rehabilitation into society. Columbia University’s Justice Lab prepared a report in 2017 that stated that New York …
Article • July 16, 2019 • from CLN August, 2019
Filed under: Habeas Corpus
Fifth Circuit: Denial of Habeas Petition as Successive Reversed Where Second Petition Challenges a Separate Judgment, by Same Court, Not Covered in First Petition by Chad Marks by Chad Marks In 1991, Steve Vic Parker was convicted in a state court in Texas for unauthorized use of a motor vehicle …
Article • July 16, 2019 • from CLN August, 2019
Filed under: Sentencing
SCOTUS Announces Death of ‘Categorical Approach’ by Invalidating 18 U.S.C. § 924(c)(3)(B) as Unconstitutionally Vague by Richard Resch by Richard Resch In announcing the end of 18 U.S.C. § 924(c)’s residual clause in defining certain “crimes of violence” while using or possessing a firearm for purposes of sentence enhancement, the …
Exonerations: From Wrongful Conviction to Release and Beyond by Edward Lyon by Ed Lyon  A state-sponsored formal religion in the U.S. is forbidden by the nation’s Constitution. Regardless, one part of the country’s ethos closely approaches a level of worship. That part is freedom. Enshrined in the Pledge of Allegiance …
Article • July 7, 2019
Filed under: Bail, Bail Bonds
California’s Bail Reform Law Stymied by Big Business by Edward Lyon by Ed Lyon In August 2018, California’s legislature passed Senate Bill 10, designed to reform the state’s cash bail system. Cash bail is commonly associated by oppression of financially poor arrestees as a means to keep them incarcerated until …
Article • June 22, 2019
Federal Court Upholds Antiquated Virginia Law Allowing Jail Time for Being Near Alcohol by Dale Chappell by Dale Chappell  An antiquated Virginia law that allows courts to label someone a “habitual drunkard,” permitting police to throw someone in jail for simply being near alcohol, was upheld by the U.S. Court …
Article • June 22, 2019
Florida Judge Rejects ‘Slap on the Wrist’ Sentencing by Kevin Bliss by Kevin Bliss  Former police officers Charlie Dayoub and Raul Fernandez were sentenced on October 17, 2018, to the federal maximum of one year in prison for falsifying arrest affidavits. Dayoub expected only eight months of home confinement and …
Article • June 22, 2019
Filed under: Wrongful Conviction
Wrongfully Convicted Detroit Man Who Spent 25 Years in Prison Files $125M Suit Alleging Detective Falsified Evidence by Chad Marks by Chad Marks  The cards were stacked against Desmond Ricks when he went to trial for the 1992 murder of Gerry Bennett outside a Detroit Top Hat restaurant. Detroit detectives …
Article • June 17, 2019 • from CLN July, 2019
Over a Year After Cook County Bail Reform, Jails Are Still Full by Dale Chappell by Dale Chappell When Cook County, Illinois, Chief Judge Timothy C. Evans issued an administrative order in July 2017 telling judges they had to seriously consider whether someone could afford bail, things got better. A …
Article • June 17, 2019 • from CLN July, 2019
$250,000 Awarded to Woman Who Spent 96 Days in Jail by Douglas Ankney by Douglas Ankney A jury in Aberdeen, Mississippi, awarded Jessica Jauch $250,000 after she spent 96 days in jail without seeing a judge. Jauch was arrested on traffic charges in 2012 but was held in the Choctaw …
Article • June 17, 2019 • from CLN July, 2019
In a Rare Move, California Court of Appeal Discharges Prisoner from All Forms of Custody, Including Parole, After Finding Time Served in Prison Grossly Disproportionate to His Offense by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, discharged William E. Palmer II from all …
Article • June 17, 2019 • from CLN July, 2019
Kansas Supreme Court: Correcting Illegal Sentence After Fully Served Violates Prohibition Against Double Jeopardy by Matthew Clarke by Matt Clarke In a case of first impression, the Supreme Court of Kansas held it was double jeopardy to correct the sentence of a man who was convicted of aggravated sexual battery—to …
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