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A Stone of Hope: Legal and Empirical Analysis of California Juvenile Lifer Parole Decisions, Harvard Law Review, 2019 \\jciprod01\productn\H\HLC\54-2\HLC202.txt unknown Seq: 1 28-JUN-19 13:22 A Stone of Hope: Legal and Empirical Analysis of California Juvenile Lifer Parole Decisions Kristen Bell1 “With this faith, we will be able to hew out …
Article • May 16, 2019 • from CLN June, 2019
Filed under: Probation
Tennessee Legislature’s Investigation Finds Inadequate Supervision of Private Probation by Derek Gilna by Derek Gilna A December 2018 report by the Tennessee Comptroller of the Treasury after its audit of the state’s Private Probation Services Council found that it “did not adequately oversee private probation entities, putting probationers at risk.” …
Article • May 16, 2019 • from CLN June, 2019
If You’re Unlucky or Black, Your Prison Sentence Could Be 63 Percent Longer by Douglas Ankney by Douglas Ankney A new report from the U.S. Sentencing Commission reveals that the length of a defendant’s prison sentence increasingly depends on the whims of the judge. For example, in Philadelphia, some of …
Article • May 16, 2019 • from CLN June, 2019
Prosecutors Regret Man’s Wrongful Conviction in 1983 Florida Rape and Murder by The U.S. has seen a rise in exonerations in recent years. The National Registry of Exonerations (law.umich.edu) reports at least 139 exonerations in 2017, 166 in 2016 and 149 in 2015. But wrongfully convicted Ronald Stewart did not …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Habeas Corpus
Ninth Circuit: Habeas Petitioner Need Only Show That IAC Claims Are Substantial to Excuse Procedural Default Under Martinez by Chad Marks by Chad Marks The U.S. Court of Appeals for the Ninth Circuit issued an order remanding a habeas case so that the district court could conduct an analysis of …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Sentencing
Kansas Supreme Court Overturns Sentence for Vindictiveness by Anthony Accurso by Anthony Accurso The Supreme Court of Kansas overturned a decision of the Court of Appeals and vacated the defendant’s sentence because the district court’s only reason for lengthening his sentence on remand was defendant’s successful appeal.  Wyatt G. Brown …
Article • May 15, 2019 • from CLN June, 2019
First Circuit Vacates Revocation Sentence for Improperly Considering Rehabilitation by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the First Circuit vacated and remanded the revocation sentence of Adrián Vázquez-Méndez because the sentencing judge likely extended the sentence for the purposes of rehabilitation.  In 2001, Vázquez-Méndez pleaded …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Sentencing
Fourth Circuit Rules District Court Must Provide Individualized Rationale When Denying Motion for Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit ruled that a district court must provide its rationale when denying a motion seeking a sentence reduction pursuant to 18 …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Wrongful Conviction
Nebraska’s Beatrice Six Will Collect $28.1 Million Jury Award by Edward Lyon by Ed Lyon  Popular country music singer Charlie Daniels’ first hit was a song called The Ballad of the Uneasy Rider. The singer-narrator told a story about a hippy who barely escapes a redneck bar and was so …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Habeas Corpus
Habeas Hints: Discovery on Habeas Corpus by Kent Russell, Tara Hoveland by Attorneys Kent Russell and Tara Hoveland This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on “AEDPA,” the federal …
Urban Institute - Next Steps in Federal Corrections Reform, Implementing and Building on the First Step Act, 2019 JUSTICE POLICY CENTER Next Steps in Federal Corrections Reform IMPLEMENTING AND BUILDING ON THE FIRST STEP ACT Julie Samuels, Nancy La Vigne, and Chelsea Thomson May 2019 The topic of federal corrections …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Sentencing
Fourth Circuit: District Court Must Provide Rationale When Denying Motion for § 3582(c)(2) Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit ruled that a district court must provide its rationale when denying a motion seeking a sentence reduction pursuant to 18 …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Sentencing
Fifth Circuit Rules Miscalculation of Guidelines Sentencing Range Plain Error That Merits Correction Even Though Not Raised by Defendant by Chad Marks by Chad Marks  The U.S. Court of Appeals for the Fifth Circuit ruled that a district court’s miscalculation of defendant’s sentencing guidelines range constitutes plain error necessitating resentencing, …
Article • April 12, 2019 • from CLN May, 2019
Ninth Circuit Vacates a Sentence Imposed for Violation of Supervised Release Because the District Court Failed to Disclose to the Defendant the Probation Officer’s Confidential Sentencing Recommendations by In Gray, the Ninth Circuit held that Fed.R.Crim.P. 32 requires a sentencing court to disclose to a defendant all factual evidence on …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Habeas Corpus
Fourth Circuit Reverses Dismissal of Habeas and Remands for Hearing on Actual Innocence Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit reversed the district court’s dismissal of Charles Ray Finch’s habeas petition and remanded for a hearing on the merits of Finch’s …
Article • April 12, 2019 • from CLN May, 2019
Filed under: War on Drugs, Sentencing
First Circuit: Failure to Prove a Prior Conviction Was a ‘Controlled Substance Offense’ Under the Guidelines Requires Resentencing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that when the Government fails to prove a prior conviction was for a controlled substance as …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Sentencing
Fourth Circuit Announces Reasonably Foreseeable Acts of Co-Conspirators Not Sufficient for Fleeing Sentence Enhancement Under U.S.S.G. § 3C1.2 by David Reutter by David Reutter The U.S. Court of Appeals for the Eighth Circuit ruled that to impose an offense level enhancement on grounds that the defendant “recklessly created a substantial …
The Next Step - Ending Excessive Punishment for Violent Crimes, 2019 The Next Step Ending Excessive Punishment for Violent Crimes For more information, contact: The Sentencing Project 1705 DeSales Street NW 8th Floor Washington, D.C. 20036 (202) 628-0871 sentencingproject.org twitter.com/sentencingproj facebook.com/thesentencingproject instagram.com/endlifeimprisonment This report was written by Nazgol Ghandnoosh, Ph.D., …
Third Circuit: Pennsylvania’s SORNA Requirements Sufficiently Restrictive to Constitute Custody for Habeas Jurisdiction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit held that the registration and reporting requirements of Pennsylvania’s Sex Offender Registration and Notification Act (“SORNA”) are sufficiently restrictive to constitute custody …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Bail
Wisconsin Considers Updating Its Cash Bail System by Kevin Bliss by Kevin Bliss Wisconsin’s constitution establishes that cash bail only be set as a means of ensuring defendants’ appearance at court hearings, but opponents say the system only ensures that the poor remain incarcerated while the rich enjoy freedom. Defendants …
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