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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 …
Article • November 20, 2018
Wrongful convictions: Tax relief deadline for exonerees looms by Betty Nelander Exonerees can receive a special tax refund, thanks to a federal law that allows exonerees to recoup taxes paid on damages or restitution they received for their wrongful convictions.  However, the deadline for filing a claim — December 17, 2018 — is looming. Among …
Article • November 8, 2018
Exonerated Waukegan, Illinois, Man Receives $9 Million for Wrongful Conviction by Derek Gilna by Derek Gilna Jason Strong, a former Waukegan, Illinois, resident, settled a wrongful conviction lawsuit against that city and numerous surrounding suburbs for $9 million. Strong was arrested, tried, convicted, and sentenced to 46 years for the …
Article • November 6, 2018 • from CLN November, 2018
Texas Woman Receives Five Years in Prison for Illegal Voting After Criminal Conviction by Derek Gilna by Derek Gilna Crystal Mason, who had previously been convicted of tax fraud in 2011, will now serve a five-year sentence after being convicted in March 2018 of illegally voting in the 2016 presidential …
Article • November 6, 2018 • from CLN November, 2018
Ohio Governor Commutes Another Death Sentence by Ohio Governor John Kasich commuted another death sentence, his seventh, amid concerns from one of the jurors in the case that prosecutors hid crucial details about the defendant’s horrific upbringing and drug problems that would have swayed that juror to vote against the …
Article • November 6, 2018 • from CLN November, 2018
Nevada Supreme Court Announces Testimony at Probation Revocation Hearing Inadmissible in Later Criminal Proceeding by Dale Chappell by Dale Chappell Announcing a new rule to protect the constitutional rights of criminal defendants who face both probation revocation and new criminal charges, the Nevada Supreme Court held that testimony and evidence …
First Circuit Vacates Supervised Release Condition Effectively Prohibiting Contact with His Minor Children by Matthew Clarke by Matt Clarke On June 20, 2018, the U.S. Court of Appeals for the First Circuit held that a condition of supervised release prohibiting contact with minors without pre-approval from a probation officer in …
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