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Article • December 28, 2018 • from CLN January, 2019
Filed under: Sentencing
I once wrote mandatory minimum laws. After ties to Abramoff landed me in prison, I know they must end. by Kevin Ring 10 million children will lose a parent to incarceration. Judges must consider individual cases, not be forced to unnecessarily separate families by Kevin Ring, Opinion contributor, USA TODAY, …
Article • December 28, 2018 • from CLN January, 2019
Seventh Circuit: Bureau of Prisons Improperly Prolonged Prisoner’s Sentence by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit took the federal Bureau of Prisons to task for using its statutory authority to improperly prolong a prisoner’s sentence. The opinion vacated a district court …
Article • December 28, 2018 • from CLN January, 2019
District Court Holds that Some White-Collar Felons May Lawfully Possess Firearms Due to a Little Known Exemption For Crimes ‘Relating to the Regulation of Business Practices’ by In Reyes, District Judge John Bates of the D.D.C. appears to have become the first Federal jurist to hold that some white-collar felons …
Article • December 21, 2018 • from CLN January, 2019
Seventh Circuit: Procedural Error Occurs When Miscount of Prior Convictions Basis for Sentence, Resentencing Required by David Reutter by David Reutter The U.S. Court of Appeals for the Seventh Circuit held that an Indiana federal district court committed a procedural error in selecting a sentence based on a miscounting of …
Article • December 21, 2018 • from CLN January, 2019
Ninth Circuit Grants Habeas for IAC of Resentencing Counsel Who Failed to Challenge Sole Aggravating Factor or Investigate Mitigating Circumstances by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Ninth Circuit ordered the granting of habeas relief to an Arizona death row prisoner based on ineffective …
The Fallibility of Forensic Science: Crime-Solving Tool Can Lead to Wrongful Convictions—and Belated Exonerations by Rick Anderson by Rick Anderson It’s the ultimate crime-solving tool, enabling prosecutors to bring seemingly rock-solid charges against accused murderers and rapists while also using it to re-open and solve dust-collecting cold cases. Victims and …
Article • December 5, 2018 • from CLN December, 2018
Filed under: Private Prisons, Bail
Dallas County Private Bail Hearings Leave People Languishing Behind Bars by Kevin Bliss by Kevin Bliss Shannon Daves and five others have filed a federal class-action suit against Dallas County, Texas, due to their secret bail hearings that last under a minute. The hearings are not open to the public …
Article • December 5, 2018 • from CLN December, 2018
Arizona Supreme Court Strikes Law Categorically Banning Bail for Sexual Assault as Unconstitutional by Dale Chappell by Dale Chappell The Supreme Court of Arizona held that a law categorically banning bail for persons charged with sexual assault was facially unconstitutional, debunking the myth that sexual offenders are “inherently” a danger …
Article • December 5, 2018 • from CLN December, 2018
Ninth Circuit Grants Habeas for Appellate Lawyer’s Failure to Raise Denial of Self-Representation Claim by Matthew Clarke by Matt Clarke On July 6, 2018, the U.S. Court of Appeals for the Ninth Circuit reversed a federal court’s denial of a California state prisoner’s petition for a writ of habeas corpus …
Article • December 5, 2018 • from CLN December, 2018
Filed under: Sentencing, Habeas Corpus
Tenth Circuit Grants Habeas Relief When ACCA Predicate Offense No Longer Qualifies as ‘Violent Felony’ by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Tenth Circuit granted a federal prisoner’s 28 U.S.C. § 2255 petition because one of the predicate offenses used to enhance his sentence …
Article • December 5, 2018 • from CLN December, 2018
Chicago Judge Grants No-Money Bond in Murder Case, But Cook County Still Has a Long Way to Go by Dale Chappell by Dale Chappell Cook County Judge William H. Hooks took the unusual step of granting murder defendant Jackie Wilson a no-money bond, letting Wilson go free while he awaits …
Article • December 5, 2018 • from CLN December, 2018
Oklahoma’s Railroading its Citizens into Prison by Edward Lyon by Ed Lyon Lynch mobs, vigilance committees, and necktie parties. These terms evoke what many stories refer to as frontier justice, where groups of people operated outside the established frameworks of law and order, sheriffs and courts, to wreak revenge on …
Article • December 5, 2018 • from CLN December, 2018
Oregon Enhanced Drug Penalty ‘For Consideration’ Element Requires Proof of Drug Sale or Agreement to Sell by Mark Wilson by Mark Wilson The Supreme Court of Oregon held that the “for consideration” element of a “commercial drug offense” requires proof of a completed drug sale or an existing agreement to …
Article • December 5, 2018 • from CLN December, 2018
First Circuit Orders Resentencing Where Trial Counsel Failed to Secure Three-Level Reduction Under Sentencing Guidelines by David Reutter by David Reutter The U.S. Court of Appeals for the First Circuit ruled a defendant was entitled to be resentenced where trial counsel failed to secure a three-level reduction under the federal …
Article • December 5, 2018 • from CLN December, 2018
Ninth Circuit Rules Detective’s Persistent Questioning After Invocation of Right to Counsel Entitles California Prisoner to Habeas Relief by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit held that a California prisoner convicted of murder is entitled to habeas relief because a detective continued …
Publication • December 1, 2018
State of Tennessee Comptroller of the Treasury - Private Probation Services Council: Performance Audit Report, 2018 STATE OF TENNESSEE COMPTROLLER OF THE TREASURY PRIVATE PROBATION SERVICES COUNCIL Performance Audit Report December 2018 Justin P. Wilson, Comptroller Division of State Audit DEBORAH V. LOVELESS, CPA, CGFM, CGMA Director KANDI THOMAS, CPA, …
Article • November 28, 2018 • from CLN December, 2018
Filed under: Juries, Habeas Corpus, AEDPA
Sixth Circuit Grants Habeas Relief When Juror Failed to Disclose History of Sexual Abuse in Sexual Assault Case by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Sixth Circuit ruled that a defendant convicted of third-degree criminal sexual conduct did not receive a fair trial because …
Article • November 28, 2018 • from CLN December, 2018
Seventh Circuit: Habeas Petition Challenging § 841 Recidivism Sentence Enhanced with Vacated State Convictions is Not Time-Barred by § 851(e) Statute of Limitations by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Seventh Circuit ruled that a federal prisoner convicted of violating 21 U.S.C. § 841, …
Article • November 28, 2018 • from CLN December, 2018
Warning: Integrity of Judicial Process at Risk by Sandy Rozek by Sandy Rozek, NARSOL Testimony from individuals at a sentencing hearing has one primary purpose: to give the court additional information on which to base a sentencing decision. Victim impact statements focus on the harm done, while statements on behalf of …
Article • November 28, 2018 • from CLN December, 2018
Filed under: Habeas Corpus
Habeas Hints: Evaluating and Initiating IAC Claims 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 state habeas …
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