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Article • January 18, 2019 • from CLN February, 2019
Sixth Circuit: Tennessee Aggravated Sexual Battery Is Not a SORNA Tier III Offense by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Sixth Circuit ruled that a defendant previously convicted of aggravated sexual battery in Tennessee should not have been classified as a Tier III sex …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Habeas Corpus
Georgia Supreme Court: Asportation Required to Support Kidnapping Conviction by David Reutter by David Reutter The Supreme Court of Georgia granted a habeas corpus petition and held there was insufficient evidence of asportation to support the kidnapping charges of appellant Jessie Mercer. Mercer was convicted in 2004 of kidnapping Richard …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Parole
California Court of Appeal: Commissioner Cannot Preside Over Parole Revocation Hearing Absent Stipulation by Douglas Ankney by Douglas Ankney On December 5, 2018, the Court of Appeal of California, Fourth Appellate District, ruled that a commissioner may not preside over a parole revocation hearing absent a stipulation by the parties. …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Guilty Pleas, Sentencing
Minnesota Supreme Court Clarifies Rule Against Judicial ‘Participation’ in Plea Negotiations by Dale Chappell by Dale Chappell The Supreme Court of Minnesota clarified the rule barring judicial “participation” in plea negotiations, overturning decades of decisions by the court of appeals, which had applied the wrong rule of law in such …
Article • January 17, 2019 • from CLN February, 2019
Filed under: Habeas Corpus
Habeas Hints: SCOTUS Review 2017-18 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 “AEDPA,” the federal habeas …
Publication • January 8, 2019
United States Sentencing Commission Jan. 2019 - Intra-City Differences in Federal Sentencing Practices, 2005-2017 United States Sentencing Commission January 2019 INTRA-CITY DIFFERENCES IN FEDERAL SENTENCING PRACTICES Federal District Judges in 30 Cities, 2005 - 2017 REPORT OF THE UNITED STATES SENTENCING COMMISSION INTRA-CITY DIFFERENCES IN FEDERAL SENTENCING PRACTICES Federal District …
State of Hawai’i HCR 85 Task Force on Prison Reform - Creating Better Outcomes, Safer Communities, 2018 Creating Better Outcomes, Safer Communities Final Report of the House Concurrent Resolution 85 Task Force on Prison Reform to the Hawai‘i Legislature 2019 Regular Session Prepared by the HCR 85 TASK FORCE with …
Intra-City Differing Practices in Federal Sentencing, US Sentencing Commission, 2019 United States Sentencing Commission January 2019 INTRA-CITY DIFFERENCES IN FEDERAL SENTENCING PRACTICES Federal District Judges in 30 Cities, 2005 - 2017 REPORT OF THE UNITED STATES SENTENCING COMMISSION INTRA-CITY DIFFERENCES IN FEDERAL SENTENCING PRACTICES Federal District Judges in 30 Cities, …
Article • December 31, 2018 • from CLN January, 2019
Filed under: Sentencing, Parole, Juveniles
California Court of Appeal: Youth Offender Parole Statute Trumps Consecutive Prison Term Statute by Christopher Zoukis by Christopher Zoukis The Court of Appeal of California, Second Appellate District, ruled that a statute granting prisoners who were convicted as youth offenders improved parole eligibility possibilities supersedes a different statute that requires …
Scottish Psychologist’s Study Focuses On Why the Innocent May Confess to Crimes by Derek Gilna by Derek Gilna Dr. Faye Skelton of Napier University in Edinburgh, Scotland, has published a report detailing the tendency of some individuals to confess to crimes they did not commit. She noted that research from …
Article • December 29, 2018 • from CLN January, 2019
Fourth Circuit: Federal Conspiracy to Commit Murder in Aid of Racketeering Not a Crime of Violence for Purposes of Sentencing Guidelines Enhancement by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Fourth Circuit ruled that conspiracy to commit murder in aid of racketeering, in violation …
Article • December 29, 2018 • from CLN January, 2019
Ninth Circuit Holds Undisclosed Relationship Between Murdered FBI Agent and Presiding Judge in Capital Case Created Intolerable Risk of Judicial Bias, Warranting Habeas Relief by David Reutter by David Reutter The U.S. Court of Appeals for the Ninth Circuit held that an undisclosed connection between an FBI agent and a …
Article • December 28, 2018 • from CLN January, 2019
Civil Rights Groups Urge Ending Use of Pretrial Bail Risk Assessment Tools by Steve Horn by Steve Horn More than 100 civil rights organizations have signed a statement to denounce the use of pretrial bail risk assessment algorithm tools meant to determine conditions of bail and, in many cases, jail. …
Article • December 28, 2018 • from CLN January, 2019
California’s New Cashless Bail System More Likely to Increase Number of Detainees by Kevin Bliss by Kevin Bliss California became the first state to completely do away with cash bail, making international headlines. The new system uses algorithms to weigh factors to determine a person’s risk assessment with preventive detention …
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 …
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