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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” …
Brief • August 5, 2024
Filed under: Wrongful Conviction
Amor v. Gomez, IL, Order, Wrongful Conviction, 2024 Case: 1:18-cv-02523 Document #: 385 Filed: 08/05/24 Page 1 of 1 PageID #:36828 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JEANNE OLSON, as successor plaintiff for WILLIAM E. AMOR, Plaintiff(s), Case No. 1:18-cv-02523 Judge John …
First Circuit: Sentencing May Not Be Based Upon Unreliable Hearsay Testimony by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the First Circuit remanded a defendant’s case for resentencing after ruling that the U.S. District Court for the District of Puerto Rico relied on impermissible hearsay …
Texas Man Exonerated by DNA Evidence After 25 Years of Maintaining His Innocence by Jo Ellen Nott by Jo Ellen Nott Martin Lucio Santillan, now 50 years old, was fully exonerated in the Frank Crowley Criminal Courts in Dallas, Texas, on March 22, 2023. His 25 years of wrongful imprisonment …
Article • August 1, 2024 • from CLN August, 2024
First Circuit: District Court’s One-Sentence Explanation for 10-Year Upward Departure From Sentencing Guidelines Range Insufficient to Justify Significant Variance by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit overturned a sentence imposed by the U.S. District Court for the District of Puerto Rico, holding …
SCOTUS: Jury, Not Judge, Must Determine Whether Defendant’s Prior Offenses Were Committed on ‘Occasions Different From One Another’ for Enhanced Sentence Under Armed Career Criminal Act by Sam Rutherford by Sam Rutherford The Supreme Court of the United States held that a jury must determine beyond a reasonable doubt whether …
False or Misleading Forensic Evidence Plays an Oversized Role in Wrongful Convictions by Jo Ellen Nott by Jo Ellen Nott The National Institute of Justice (“NIJ”) published a paper titled “The Impact of False or Misleading Forensic Evidence on Wrongful Convictions,” providing grim facts and figures on one of the …
Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit …
Demonstrable Remorse, Psychiatric Diagnoses, and Alternatives to Incarceration by Casey Bastian by Casey J. Bastian Probation officials play a critical role in the criminal justice process. These officials create pre-­sentencing reports containing both legal and extralegal information about the offender. This information is used to fashion sentencing recommendations. One factor …
Article • July 15, 2024 • from CLN July, 2024
Filed under: Wrongful Conviction
Cold Case Killer Kelly Siegler Is a True-Crime Celebrity. Did She Frame an Innocent Man for Murder? by Liliana Segura, Jordan Smith Part 1 The Prosecutor and the Snitch Ring “Cold Justice” star Kelly Siegler relied on jailhouse informants to win convictions despite reasons to doubt their credibility. by Liliana …
Article • July 15, 2024 • from CLN July, 2024
California Court of Appeal Explains Qualification for Mental Health Diversion Under Pen. Code § 1001.36, Rules Defendant Qualified for Pretrial Mental Health Diversion by David Reutter by David M. Reutter   The Court of Appeal of California, Fourth Appellate District, issued a writ of mandate directing a trial court to …
Article • July 15, 2024 • from CLN July, 2024
California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition by Douglas Ankney by Douglas Ankney In a case involving three issues of first impression, the Court of Appeal of California, First Appellate District, ruled that Penal Code Section 1509(1)(c)’s 10- …
Article • July 15, 2024 • from CLN July, 2024
Filed under: Habeas Corpus
Ohio Supreme Court Announces Same Postconviction-Relief Filing Deadline Applies to ‘Delayed Appeal’ as Applies to Any Other Type of Direct Appeal by Douglas Ankney by Douglas Ankney   The Supreme Court of Ohio held that the 365-day deadline set forth in R.C. 2953.21(A)(2)(a) for filing a postconviction motion begins from …
Article • July 15, 2024 • from CLN July, 2024
Fourth Circuit Announces ‘Sentencing Package Doctrine’ Permits District Court to Resentence Both Covered and Noncovered Offenses Under First Step Act by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Fourth Circuit ruled that District Courts have discretion to reduce sentences for both covered and noncovered offenses …
Federal Habeas Corpus: Getting Around Procedural Default by Dale Chappell by Dale Chappell The term “procedural default” is a significant barrier in federal habeas corpus petitions. It means that if a claim could have been raised on direct appeal or at any earlier stage but was not, a federal court …
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