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Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing
Article • December 15, 2023 • from CLN December, 2023
Filed under: U.S. Sentencing Guidelines, Fair Sentencing Act of 2010, Sentencing Findings, Miscalculation of the Guidelines Sentencing Range
Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit held a District Court commits “procedural error by failing to appreciate the scope …
Fourth Circuit Reverses § 924(c) Conviction Because Kidnapping No Longer Qualifies as Predicate Offense and ‘Critical Record Documents’ Do Not Show Firearm Charge Was ‘Expressly Predicated Upon’ Any O...
Article • December 15, 2023 • from CLN December, 2023
Filed under: Predicate Acts/Offenses
Fourth Circuit Reverses § 924(c) Conviction Because Kidnapping No Longer Qualifies as Predicate Offense and ‘Critical Record Documents’ Do Not Show Firearm Charge Was ‘Expressly Predicated Upon’ Any Other Offense by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit reversed Elliott B. Graham’s 18 …
Sixth Circuit: Because Ohio’s Aggravated Robbery Statute Does Not Contain Mens Rea Requirement, Conviction Is Violent Felony Under ACCA Only if Underlying Theft in Robbery Contains Required Mens Rea
Article • December 15, 2023 • from CLN December, 2023
Filed under: Career Offenders, De Facto Career Offender
Sixth Circuit: Because Ohio’s Aggravated Robbery Statute Does Not Contain Mens Rea Requirement, Conviction Is Violent Felony Under ACCA Only if Underlying Theft in Robbery Contains Required Mens Rea by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that because Ohio’s aggravated robbery …
New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors
Article • December 15, 2023 • from CLN December, 2023
Filed under: Parole, Three Strikes, Juvenile Offenses/Offenders, Sentences - Corrections or Modifications of
New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors by Anthony Accurso by Anthony W. Accurso New Mexico Governor Michelle Lujan Gresham signed SB64, the No Life Sentences for Juveniles Act, into law on March 17, 2023, ending life without parole (“LWOP”) sentencing for offenders …
Chicago Cop Lied So Many Times Under Oath That Prosecutors Are Dismissing Cases That Relied on His Testimony
Article • December 15, 2023 • from CLN December, 2023
Filed under: Police/Govt Misconduct, False Statements/Perjury
Chicago Cop Lied So Many Times Under Oath That Prosecutors Are Dismissing Cases That Relied on His Testimony by Jordan Arizmendi by Jordan Arizmendi As an old and wise theologian once said, “A half-truth is a whole lie.” If we are to take those words to heart, then what should …
Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement
Article • December 15, 2023 • from CLN December, 2023
Filed under: Disabled Prisoners, Mental Health, Excessive Force (Police)
Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement by Casey Bastian by Casey J. Bastian “Having an encounter with police … is an unsettling encounter for anybody, but for someone with autism, it can be extremely distressing.” — Helen Lyons, Metropolitan Police Detective Superintendent, Adults Neglected, Vulnerable and Abused …
West Virginia Supreme Court Announces in the Absence of a Deadline, Trial Court Must Permit Defendant to Stipule to Prior Conviction During Trial
Article • November 1, 2023 • from CLN November, 2023
Filed under: Prior Conviction/Sentence/Incarceration, Trial on Stipulated Facts, Consent of Counsel
West Virginia Supreme Court Announces in the Absence of a Deadline, Trial Court Must Permit Defendant to Stipule to Prior Conviction During Trial by Douglas Ankney by Douglas Ankney The Supreme Court of Appeals of West Virginia held that, where a trial court has not set a deadline for submitting …
Geofencing January 6th
Article • November 1, 2023 • from CLN November, 2023
Filed under: Cell Site Location Information ("CSLI")
Geofencing January 6th by Michael Thompson by Michael Dean Thompson The breaching of the Capitol on January 6, 2021, shocked many Americans. Government filings uncovered since then suggest that even as the unrest raged, law enforcement had begun filing geofence warrants. We now understand that 1,535 names associated with phones …
Three’s a Crowd: Issues of DNA Mixture Analysis and Interpretation
Article • November 1, 2023 • from CLN November, 2023
Filed under: DNA Testing/Samples, junk science, DNA Evidence/Testing
Three’s a Crowd: Issues of DNA Mixture Analysis and Interpretation by Eike Blohm, MD by Eike Blohm M.D. A study funded by the National Institute of Justice recently found that the vast majority of forensic laboratories had difficulty correctly interpreting DNA samples derived from three donors. Over 99.9% of our …
New Mexico Supreme Court Announces Trial Courts Retain Common Law Jurisdictional Authority to Correct Illegal Sentences, Allows Defendant to Withdraw Plea After Sentence Correction Involving Additiona...
Article • November 1, 2023 • from CLN November, 2023
Filed under: Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release, Knowingly and Voluntarily Made
New Mexico Supreme Court Announces Trial Courts Retain Common Law Jurisdictional Authority to Correct Illegal Sentences, Allows Defendant to Withdraw Plea After Sentence Correction Involving Additional Parole Time by Anthony Accurso by Anthony W. Accurso The Supreme Court of New Mexico allowed a defendant to withdraw his plea deal after …
News in Brief
Article • November 1, 2023 • from CLN November, 2023
Filed under: News in Brief
News in Brief by Alabama: According to The New York Times, the most notable sack and fumble of the Jefferson County high school football game on September 14, 2023, came after the game ended and the police were in the process of clearing the stadium. In the tradition of historically …
Your Car Is Spying on You
Article • November 1, 2023 • from CLN November, 2023
Filed under: Police State-Surveillance, Electronic Surveillance
Your Car Is Spying on You by Michael Thompson by Michael Dean Thompson While it is true that Americans tend to carry their cellphones as grafted appendages, it may be that their cars know even more about them than their cellphones. Consider the following scenario: Jane sees that her car …
People of Maine at Forefront of Battle to Keep Government Security Apparatus in Check
Article • November 1, 2023 • from CLN November, 2023
Filed under: Racial Discrimination, Racial Profiling, Police State-Surveillance, Electronic Surveillance
People of Maine at Forefront of Battle to Keep Government Security Apparatus in Check by Douglas Ankney by Douglas Ankney The people of Maine have made a bold step in corralling the “unaccountable power of fusion centers” with the passage of HP 947, An Act to Increase the Transparency and …
A Nation of Snitches: DHS Is Grooming Americans to Report on Each Other
Article • November 1, 2023 • from CLN November, 2023
Filed under: Police State-Surveillance, Reporting Requirements
A Nation of Snitches: DHS Is Grooming Americans to Report on Each Other by John W. Whitehead, Nisha Whitehead By John & Nisha Whitehead September 19, 2023 “There were relatively few secret police, and most were just processing the information coming in. I had found a shocking fact. It wasn’t the …
Montana Supreme Court: Retroactive Application of Montana’s Sex Offender Registration Law, as Amended Since 2007, Violates Ex Post Facto Clause of State Constitution
Article • November 1, 2023 • from CLN November, 2023
Montana Supreme Court: Retroactive Application of Montana’s Sex Offender Registration Law, as Amended Since 2007, Violates Ex Post Facto Clause of State Constitution by Douglas Ankney by Douglas Ankney The Supreme Court of Montana held that retroactive application of Montana’s Sexual or Violent Offender Registration Act (“SVORA”), as amended beginning …
Checking In With Community Supervision
Article • November 1, 2023 • from CLN November, 2023
Checking In With Community Supervision by Anthony Accurso by Anthony W. Accurso A new report from PrisonPolicy.org was released with the purpose of informing prison policymakers and the public about the true costs of the criminal justice system, which includes both prisons and various forms of community supervision – probation, …
New Jersey Takes First Steps in Eliminating Public Defender Fees
Article • November 1, 2023 • from CLN November, 2023
Filed under: Attorney Fees (PLRA)
New Jersey Takes First Steps in Eliminating Public Defender Fees by Jordan Arizmendi by Jordan Arizmendi Although advocates say there is still work to do to ensure New Jersey public defenders don’t come with a price tag attached, New Jersey Governor Phil Murphy (D) took the first giant step earlier …
Ninth Circuit: Younger Abstention Doctrine Inapplicable Where Habeas Petitioner Seeks Stay While § 1172.6 Petition in State Court Being Litigated and Petitioner Entitled to Stay of Habeas Proceedings ...
Article • November 1, 2023 • from CLN November, 2023
Ninth Circuit: Younger Abstention Doctrine Inapplicable Where Habeas Petitioner Seeks Stay While § 1172.6 Petition in State Court Being Litigated and Petitioner Entitled to Stay of Habeas Proceedings While State Petition Pending by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that the …
Advent of ‘Green’ Ammunition Prompts Forensic Science to Analyze Organic and Inorganic Gunshot Residue and Establish Benchmarks for CSI
Article • November 1, 2023 • from CLN November, 2023
Advent of ‘Green’ Ammunition Prompts Forensic Science to Analyze Organic and Inorganic Gunshot Residue and Establish Benchmarks for CSI by Jo Ellen Nott by Jo Ellen Nott In the July 2023 issue of the Forensic Chemistry journal, new research from West Virginia University (“WVU”) forensic scientists reveals that gunshot residue …
Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable
Article • November 1, 2023 • from CLN November, 2023
Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable by Richard Resch by Richard Resch The Supreme Court of Colorado held that under Colorado Rule of Evidence (“CRE”) 106 if the prosecution creates a misleading impression by excluding statements …
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