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Sixth Circuit Announces Nonretroactive Change in Sentencing Law Is Not an ‘Extraordinary and Compelling Reason’ Warranting a Sentence Reduction under Compassionate Release Statute

Article • February 15, 2023 • from CLN March, 2023

Filed under: Retroactivity, U.S. Sentencing Guidelines, Compassionate Release

Sixth Circuit Announces Nonretroactive Change in Sentencing Law Is Not an ‘Extraordinary and Compelling Reason’ Warranting a Sentence Reduction under Compassionate Release Statute by Douglas Ankney by Douglas Ankney A divided en banc U.S. Court of Appeals for the Sixth Circuit, in a 9 to 7 split, held that a …

They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars.

Article • February 15, 2023 • from CLN March, 2023

Filed under: junk science, False Statements, Testimony or Documents

They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars. by Brett Murphy by Brett Murphy, ProPublica Tracy Harpster, a deputy police chief from suburban Dayton, Ohio, was hunting for praise. He had a business to promote: a miracle method to determine …

Sixth Circuit: Unarmed Bank Robber Who Ordered Tellers to Get on the Floor Not Subject to Enhancement for Physical Restraint

Article • January 15, 2023 • from CLN February, 2023

Filed under: Kidnapping, Abduction or Unlawful Restraint, Bank Fraud/Robbery/Theft

Sixth Circuit: Unarmed Bank Robber Who Ordered Tellers to Get on the Floor Not Subject to Enhancement for Physical Restraint by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Sixth Circuit held that the sentence of a convicted bank robber who did not have a gun, …

Ohio Supreme Court Permanently Removes Judge Who Engaged in Wide-Ranging Pattern of Misconduct

Article • October 27, 2022

Ohio Supreme Court Permanently Removes Judge Who Engaged in Wide-Ranging Pattern of Misconduct by Kaden Gicker Fox News reported on Oct. 20, 2022, that the Ohio Supreme Court permanently suspended Judge Pinkey S. Carr in Cleveland, Ohio. Carr was removed from the bench after allegations and charges were leveled against …

Ohio Supreme Court: Amendment to Statute That Shifts Burden of Proof to State Regarding Self-Defense Applies to All Pending and New Trials After Effective Date, Regardless of When Alleged Crime Occurr...

Article • September 15, 2022 • from CLN October, 2022

Filed under: Retroactivity, Burden of Proof

Ohio Supreme Court: Amendment to Statute That Shifts Burden of Proof to State Regarding Self-Defense Applies to All Pending and New Trials After Effective Date, Regardless of When Alleged Crime Occurred by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held that 2018 House Bill 228’s (“H.B. 228”) …

Outdated Wiretap Law Gives Feds Easy Access to Metadata

Article • August 15, 2022 • from CLN September, 2022

Filed under: Searchable Metadata, Wiretaps/Wiretap Evidence

Outdated Wiretap Law Gives Feds Easy Access to Metadata by Anthony Accurso by Anthony W. Accurso A just-unsealed government wiretap application from November 2021 shows that DEA agents in Ohio applied to force WhatsApp to provide metadata on seven users, and all the agency had to say was that “the …

News in Brief

Article • August 15, 2022 • from CLN September, 2022

Filed under: News in Brief

News in Brief by Canada: Techdirt reported that the Royal Canadian Mounted Police (“RCMP”), a division of that country’s federal law enforcement akin to the FBI, used malware to spy on people’s personal communications. The report came after the RCMP admitted to doing so in the summer of 2022. The …

SCOTUS Holds AEDPA’s Restrictions on Habeas Relief Trump Federal Courts’ Authority Under All Writs Act

Article • August 15, 2022 • from CLN September, 2022

Filed under: Habeas Corpus, All Writs Act, AEDPA

SCOTUS Holds AEDPA’s Restrictions on Habeas Relief Trump Federal Courts’ Authority Under All Writs Act by Dale Chappell by Dale Chappell The Supreme Court of the United States (“SCOTUS” or “Court”) held that a federal court’s  transportation order permitting a prisoner to seek out new evidence pursuant to the All …

Ohio Justice Calls for Plea Bargaining Reform to End ‘Sentencing by Ambush’

Article • July 15, 2022 • from CLN August, 2022

Filed under: Prosecutorial Threats

Ohio Justice Calls for Plea Bargaining Reform to End ‘Sentencing by Ambush’ by David Reutter by David M. Reutter In an article that appeared in the Akron Law Review, Ohio Supreme Court Justice Michael P. Donnelly detailed his experience, concerns, and solutions to create a fair playing field in the …

News in Brief

Article • July 15, 2022 • from CLN August, 2022

Filed under: News in Brief

News in Brief by California: The Daily News reported that two former police officers from Fullerton and Anaheim were indicted on counts of kidnapping while working illegally as bounty hunters. The former officers were Rodger Corbett, 49, formerly of the Fullerton PD and Kevin Pedersen, 34, formerly of the Anaheim …

Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal

Article • June 15, 2022 • from CLN July, 2022

Filed under: U.S. Sentencing Guidelines, Appeals/Appellate Jurisdiction, Appellate Jurisdiction/Review

Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal by David M. Reutter by David M. Reutter The Supreme Court of Ohio held that the constitutionality of an indeterminate sentence imposed under the Reagan Tokes Law, R.C. 2967.271, ripens at sentencing and …

FOIA Request Reveals Cincinnati Cop Had Sex While On-Duty With Sex Workers He Searched in Police Database

Article • June 12, 2022

Filed under: Police Misconduct, Databases, Freedom of Information Act (FOIA)

FOIA Request Reveals Cincinnati Cop Had Sex While On-Duty With Sex Workers He Searched in Police Database by Brooke Kaufman by Brooke Kaufman According to a recent WCPO report, a 29-year-old Cincinnati police officer resigned from his post in 2020 after investigators uncovered he used a law enforcement database to …

Drug Enforcement and Policy Center-Private Prison Companies and Sentencing, Jan 2022

Publication • 2022

Filed under: Private Prisons

Drug Enforcement and Policy Center-Private Prison Companies and Sentencing, Jan 2022 DRUG ENFORCEMENT AND POLICY CENTER DEPC STUDENT PAPER SERIES Private Prison Companies and Sentencing Amy Pratt The Ohio State University Moritz College of Law pratt.295@osu.edu NO. 39, JANUARY 2022 0 THE OHIO STATE UNIVERSITY MORITZ COLLEGE O F LAW …

Sixth Circuit: Evidence Withheld by Prosecutor Opens Door for Successive Habeas Petition

Article • May 15, 2022 • from CLN June, 2022

Filed under: Resentencing, Evidence - Failure to Disclose

Sixth Circuit: Evidence Withheld by Prosecutor Opens Door for Successive Habeas Petition by Dale Chappell by Dale Chappell After the discovery that the prosecution withheld key pieces of evidence that may have exonerated a man convicted and sentenced to death, the U.S. Court of Appeals for the Sixth Circuit held …

Kiekisz v. Cuyahoga County BOCC, OH, Settlement, Wrongful Death, 2022

Brief • May 3, 2022

Filed under: Wrongful Death

Kiekisz v. Cuyahoga County BOCC, OH, Settlement, Wrongful Death, 2022 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement (hereinafter "Agreement") is entered into this /j_ay ~ 3 r~day of • 2022 by and between Paula Kiekisz, as Mother and Administratrix of the Estate of Bren- den John Kiekisz,. …

Sixth Circuit: Courts May Consider Nonretroactive Change in Law as One of Several Factors for Extraordinary and Compelling Circumstances for Compassionate Release

Article • May 1, 2022 • from CLN May, 2022

Filed under: Form AO-247, Compassionate Release

Sixth Circuit: Courts May Consider Nonretroactive Change in Law as One of Several Factors for Extraordinary and Compelling Circumstances for Compassionate Release by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Sixth Circuit held that the U.S. District Court for the Northern District of Ohio erred …

Kiekisz v. Cuyahoga County BOCC, OH, Minutes-Approving Settlement, Wrongful Death, 2022

Brief • April 26, 2022

Filed under: Wrongful Death

Kiekisz v. Cuyahoga County BOCC, OH, Minutes-Approving Settlement, Wrongful Death, 2022 County Council of Cuyahoga County, Ohio Resolution No. R2022-0052 Sponsored by: County Executive Budish/Department of Law A Resolution approving a proposed settlement in the matter of Paula Kiekisz, as Mother and Administrator of the Estate of Brenden John Kiekisz, …

Kiekisz v. Cuyahoga County Council, Minutes of Settlement, Wrongful Death, 2022

Brief • April 26, 2022

Filed under: Wrongful Death

Kiekisz v. Cuyahoga County Council, Minutes of Settlement, Wrongful Death, 2022 County Council of Cuyahoga County, Ohio Resolution No. R2022-0052 Sponsored by: County Executive Budish/Department of Law A Resolution approving a proposed settlement in the matter of Paula Kiekisz, as Mother and Administrator of the Estate of Brenden John Kiekisz, …

Sixth Circuit: Government Violated Plea Agreement by Arguing for Sentence Exceeding Guidelines Range, Despite Promise Not to ‘Suggest in Any Way’ Variance Is Appropriate

Article • March 15, 2022 • from CLN April, 2022

Filed under: U.S. Sentencing Guidelines, Plea Agreements/Guilty Pleas

Sixth Circuit: Government Violated Plea Agreement by Arguing for Sentence Exceeding Guidelines Range, Despite Promise Not to ‘Suggest in Any Way’ Variance Is Appropriate by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit held the Government violated a plea agreement by arguing for …

News in Brief

Article • February 15, 2022 • from CLN March, 2022

Filed under: News in Brief

News in Brief by Alabama: On December 21, 2021, two former police officers in West Blocton, Alabama, were arrested and charged with sexual assault. According to WBRC, a news station serving Birmingham, the Tuscaloosa Police Department announced that the former officers, Craig Baird Arnold, 49, and Brian Keith Whatley, 50, …