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Article • December 29, 2018 • from CLN January, 2019
Ninth Circuit Rules California Robbery Not a ‘Crime of Violence’ in Light of Dimaya and Allows Withdrawal of Guilty Plea by David Reutter by David Reutter The U.S. Court of Appeals for the Ninth Circuit held a defendant was entitled to withdraw his guilty plea to a charge of illegally …
Article • November 1, 2018 • from CLN November, 2018
Filed under: Attorneys, Appeals
D.C. Circuit Holds Generic Appeal Waiver Does Not Bar IAC Claim During Sentencing by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the D.C. Circuit ruled that a “generic appeal waiver does not affect a defendant’s ability to appeal his sentence on yet-to-arise ineffective-assistance-of-counsel grounds.” An unnamed …
Article • October 31, 2018 • from CLN November, 2018
Filed under: Civil Procedure, Appeals
Maryland Court of Appeals Announces Proper Procedure for In Banc Review by Dale Chappell by Dale Chappell In a case where in banc review was improperly granted to review a circuit court’s ruling, the Court of Appeals of Maryland took the opportunity to clarify when in banc review can be …
Article • September 23, 2018 • from CLN October, 2018
Filed under: Appeals, Sentencing
10th Circuit: Oklahoma’s Second-Degree Burglary Not an ACCA Qualifying Offense by David Reutter by David Reutter The Tenth Circuit Court of Appeals held convictions for burglary under Oklahoma law do not qualify as violent felonies for sentence enhancement under the federal Armed Career Criminal Act (“ACCA”). Raymond Hamilton was convicted …
Article • September 20, 2018 • from CLN October, 2018
California Court of Appeal Holds Box Cutter Not ‘Inherently’ Deadly Weapon by Dale Chappell by Dale Chappell A box cutter is a type of knife “designed to cut things and not people,” and was therefore not “inherently” a deadly weapon as a matter of law, the Court of Appeal of …
Article • September 20, 2018 • from CLN October, 2018
Filed under: Appeals
Kentucky Supreme Court Overrules Flawed Brindley Opinion and Announces Commonwealth Cannot Appeal Judgment of Acquittal by Dale Chappell by Dale Chappell The Supreme Court of Kentucky held that the Commonwealth cannot appeal from a judgment of acquittal in a criminal case after a jury’s guilty verdict, interpreting the Kentucky Constitution …
Article • September 20, 2018 • from CLN October, 2018
NY Court of Appeals Holds Trial Court’s Failure to Advise Defense of Jury Note Contents Constitutes Reversible Error by Dale Chappell by Dale Chappell The Court of Appeals of New York held that a trial court’s failure to make the defendant aware of the content of notes by the jury …
Article • August 20, 2018 • from CLN September, 2018
First Circuit Holds Appeal Not Barred by Plea Agreement Waiver Provision When Sentence Exceeds Agreement by David Reutter by David Reutter The United States Court of Appeals for the First Circuit held a plea agreement’s appellate waiver provision did not bar an appeal where the district court imposed a home …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Appeals, Juries
Mississippi Supreme Court Clarifies that Appellate Courts Never Serve as ‘13th Juror’ for Motion for New Trial by David Reutter by David Reutter The Supreme Court of Mississippi held that neither it nor an appellate court sits as a “thirteenth juror” when reviewing a motion for new trial. The Court …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Attorneys, Appeals, Sentencing
Pennsylvania Supreme Court Announces New Rule to Allow IAC Claims for Fine-Only Sentences by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania announced a new rule allowing post-sentencing motions raising ineffective assistance of counsel (“IAC”) claims where only a fine but no prison or probationary time is imposed. …
Article • July 20, 2018 • from CLN August, 2018
Delaware Supreme Court Reverses Criminally Negligent Homicide Because Conduct was ‘Too Remote’ from Cause of Death by Dale Chappell by Dale Chappell Conduct that was “too remote” from the cause of death could not support criminally negligent homicide, the Delaware Supreme Court held, reversing a juvenile’s adjudication. Tracy Cannon and …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Appeals, Limitations
Florida Supreme Court Announces SOL Defense Must be Raised at Trial to Preserve Issue for Direct Appeal by Richard Resch by Richard Resch In an April 12, 2018 opinion, the Supreme Court of Florida announced that a statute of limitations (“SOL”) defense must be raised in the trial court in …
Article • June 17, 2018 • from CLN July, 2018
Minnesota Supreme Court: Prisoner Entitled to Appointed Attorney for One Review of Conviction, Even When It’s Not a Direct Appeal by Christopher Zoukis by Christopher Zoukis The Supreme Court of Minnesota ruled that a convicted defendant is entitled to appointed counsel, pursuant to statute, for one review of his or …
Article • June 16, 2018 • from CLN July, 2018
Texas Court of Criminal Appeals: Lawyer’s Failure to Advise Client of Opinion Making It Impossible for State to Meet Its Burden of Proof Constitutes Ineffective Assistance of Counsel by Matthew Clarke by Matt Clarke On September 27, 2017, the Court of Criminal Appeals of Texas held that a guilty plea …
Article • June 16, 2018 • from CLN July, 2018
Filed under: Appeals, Habeas Corpus
SCOTUS Adopts ‘Look Through’ Methodology for Federal Courts in Determining State Court’s Rationale for Unexplained Habeas Decision by Richard Resch by Richard Resch On April 17, 2018, the Supreme Court of the United States (“SCOTUS”) issued an opinion in which it instructed that federal courts are required to “look through” …
Article • May 22, 2018 • from CLN June, 2018
Georgia Supreme Court Vacates Convictions and Sentences Due to Merger Errors by Matthew Clarke by Matt Clarke On December 11, 2017, the Supreme Court of Georgia vacated convictions and sentences for aggravated assault and firearms possession due to a merger error. Thyrell Depree Donaldson, a Georgia state prisoner, appealed his …
Article • May 22, 2018 • from CLN June, 2018
Filed under: Appeals, Sentencing, Tax Law
U.S. Supreme Court Resolves Split Among Circuit Courts of Appeals on Tax Code § 7212(a) by Richard Resch by Richard Resch The Supreme Court of the United States reversed a defendant’s conviction for violating the second clause of 26 U.S.C.S. § 7212(a) (“Omnibus Clause”). In doing so, the Court announced …
Article • May 22, 2018 • from CLN June, 2018
Ninth Circuit Reverses Drug Smuggling Conviction for Improper Exclusion of Evidence of Third-Party Culpability by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit reversed a defendant’s conviction for importation of methamphetamine because the district court improperly excluded relevant evidence that someone else committed …
Filing • May 22, 2018
Prison Legal News v. Florida DOC, censorship appellate ruling 2018 Case: 15-14220 Date Filed: 05/17/2018 Page: 1 of 48 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-14220 ________________________ D.C. Docket No. 4:12-cv-00239-MW-CAS PRISON LEGAL NEWS, A project of the Human Rights Defense Center, …
Brief • May 9, 2018
Estes v. State of Texas, opinion, sexual assault on child penalty, 2018 IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0429-16 RUSSELL LAMAR ESTES, Appellant v. THE STATE OF TEXAS ON STATE’S & APPELLANT’S PETITIONS FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS TARRANT COUNTY K EASLER, J., …
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