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Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’ by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia unanimously granted a defendant’s habeas petition …
Article • January 15, 2025 • from CLN February, 2025
Seeking Justice for Two: The DNA Scandal That Shook a Community by by Justyna Madenska This article explores the wrongful conviction of David Hehn and the unresolved murder of Gay Lynn Dixon, revealing systemic failures in forensic evidence handling and the justice system’s pursuit of true justice. In 1982, the …
Article • December 15, 2024 • from CLN January, 2025
Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Seventh Circuit held that the maximum sentence a defendant may receive …
First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit held that the Government implicitly …
Las Vegas Jury Finds Detectives Fabricated Evidence Against Woman Who Spent 15 Years in Prison for Murder and Awards Her $34 Million by James Mills by James Mills A Nevada jury ruled that two Las Vegas homicide detectives fabricated evidence against a local woman in a 2001 murder. Kirstin “Blaise” …
Article • December 15, 2024 • from CLN January, 2025
Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit delineated the scope of U.S. District Courts’ authority to summarily dismiss …
Article • December 15, 2024 • from CLN January, 2025
California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment by Sam Rutherford by Sam Rutherford The California Supreme Court held that the 2022 amendments to Penal Code § 1170, which limits a trial court’s ability to impose an upper-term sentence …
Third Circuit: Despite ‘Expressly and Repeatedly’ Requesting Low-End Sentence, Government Breached Plea Agreement by Emphasizing ‘Heinous’ Nature of Offense and Presenting Victim-Impact Evidence at Sentencing Thereby Undermining Recommendation by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit held that the Government breached its promise …
California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing by Sam Rutherford by Sam Rutherford The Supreme Court of California held that a trial court may not impose a sentencing enhancement that was neither pleaded and found true by the trier of …
Article • December 1, 2024 • from CLN December, 2024
Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit reversed the U.S. District …
Article • December 1, 2024 • from CLN December, 2024
Missouri Man Awarded Record $38 Million After Insurance Company Refuses to Pay Wrongful Conviction Settlement by Sam Rutherford by Sam Rutherford A jury recently awarded a Missouri man $38 million dollars against Travelers Companies, Inc. and its subsidiaries after the insurance company refused to pay an $11 million settlement the man …
False Confessions and Wrongful Convictions: Known Causes and Steps to Eliminate Them by Douglas Ankney by Douglas Ankney A s of February 2024, the National Registry of Exonerations (“NRE”) at the University of Michigan has registered 3,475 postconviction DNA and non-DNA exonerations since 1989—an average of 100 per year. Of …
Article • December 1, 2024 • from CLN December, 2024
Filed under: Wrongful Conviction
Wrongfully Convicted Actor Exonerated After 24 Years in Prison by Jon-Adrian Velazquez’s wrongful conviction for the 1998 murder of retired NYPD detective Albert Ward was vacated on September 30, 2024, after spending over 23 years behind bars. Leaving court on that momentous Monday, Velazquez, now 48, wore a baseball cap …
Article • November 1, 2024 • from CLN November, 2024
Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit affirmed …
Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community by Anthony Accurso by Anthony W. Accurso The Supreme Court of Arizona held that a defendant’s third postconviction relief (“PCR”) motion was not untimely, nor …
Article • November 1, 2024 • from CLN November, 2024
Seventh Circuit Holds Sentencing Guidelines Commentary Still Entitled to Deference by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Seventh Circuit held that Application Notes to provisions of the U.S. Sentencing Guidelines Manual are still entitled to deference, even after a Supreme Court case questioned the …
Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia ruled that defense counsel was ineffective for failing to argue that self-defense is a …
Third Circuit District Court Erred by Failing to Consider Mitigating Evidence Under § 3553(a) Because It Mistakenly Believed Such Grounds Already Taken Into Consideration Based on Safety-Valve, Minor Role, and Acceptance of Responsibility Departures in by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit …
First Circuit Holds Government Breached Plea Agreement With Defendant by Failing to Explain Why It Agreed to Substantial Downward-Variant Sentence by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit held that the Government violated the terms of its plea agreement with a defendant where …
Article • September 1, 2024 • from CLN September, 2024
Maryland Governor Pardons Thousands of Low-Level Marijuana Convictions, Seeking to Right Historical Wrongs by Jo Ellen Nott by Jo Ellen Nott On June 17, 2024, Democratic Governor Wes Moore signed an executive order in Annapolis to issue more than 175,000 pardons for low-level marijuana convictions, seeking to rectify “historical wrongs” …
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