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Article • September 24, 2018 • from CLN October, 2018
Filed under: Sentencing
Sixth Circuit: Procedural Error and Plain Error for Judge to ‘Surprise’ Defendant and Impose an Upward Variance by This drug sentencing case is noted for its holding that a sentence imposed by the district court (Judge John Adams of the N.D.Ohio) was procedurally unreasonable because the sentence had been doubled …
Article • September 24, 2018 • from CLN October, 2018
$9 Million Settlement in Baltimore Wrongful Conviction Case by Christopher Zoukis by Christopher Zoukis Baltimore officials agreed in May 2018 to settle a claim of wrongful conviction brought by a man who spent more than 20 years in prison for a murder he didn’t commit. The city agreed to pay …
Article • September 24, 2018 • from CLN October, 2018
Houston Forces Parolees out of City Under New Rule by A new ordinance passed by the Houston, Texas, city council requiring housing for parolees to be at least 1,000 feet from any park, school, day care, or other re-entry housing has effectively pushed parolees outside the city. When asked for …
New York, Faced With Millions in Payouts for Prosecutorial Misconduct, Becomes First State to Create Oversight Commission by Derek Gilna by Derek Gilna New York Governor Mario Cuomo has signed a bill that many hope will rein in prosecutorial misconduct. New York, with 250 exonerations since 1989, has paid out …
Article • September 23, 2018 • from CLN October, 2018
$28.1 Million Jury Verdict for Wrongful Convictions Upheld by 8th Circuit by Kevin Bliss by Kevin Bliss The U.S. Court of Appeals for the Eighth Circuit affirmed a jury’s verdict that awarded six wrongfully convicted individuals approximately $28.1 million in connection with their 42 U.S.C. § 1983 claims and parallel …
Article • September 23, 2018 • from CLN October, 2018
New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms by Christopher Zoukis by Christopher Zoukis Newly appointed New Jersey Attorney General Gurbir Grewal has directed his prosecutors to take over an investigation into the 1993 murder conviction of two men who might be innocent. He also formed a …
Article • September 23, 2018 • from CLN October, 2018
Filed under: Appeals, Sentencing
10th Circuit: Oklahoma’s Second-Degree Burglary Not an ACCA Qualifying Offense by David Reutter by David Reutter The Tenth Circuit Court of Appeals held convictions for burglary under Oklahoma law do not qualify as violent felonies for sentence enhancement under the federal Armed Career Criminal Act (“ACCA”). Raymond Hamilton was convicted …
Article • September 20, 2018 • from CLN October, 2018
New Jersey Supreme Court Holds 2014 Amendment to Megan’s Law Violates Ex Post Facto Clause by Dale Chappell by Dale Chappell The Supreme Court of New Jersey held that a 2014 amendment to the Violent Predator Incapacitation Act (“VPIA”), part of Megan’s Law, which applied to defendants who had violated …
Article • September 20, 2018 • from CLN October, 2018
Filed under: Wrongful Conviction
Iowa Supreme Court Announces Actual Innocence Claim Is Freestanding Claim That Can Be Made Even After Guilty Plea by Dale Chappell by Dale Chappell The Supreme Court of Iowa adopted and announced a new rule that characterizes claims of actual innocence as freestanding claims under Iowa’s postconviction-relief statute, regardless of …
Article • September 19, 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 …
Article • September 18, 2018 • from CLN October, 2018
From Abuse of the Body to Abuse of the Mind: Police Use Psychologically Coercive Interrogation Techniques to Produce False Confessions by Christopher Zoukis by Christopher Zoukis In mid-1997, Michelle Moore-Bosko was raped and stabbed to death in her Norfolk, Virginia, apartment. Based on a tip from a friend of the …
Publication • September 10, 2018
ACLU Smart Justice Montana - Set Up to Fail - Montana's Probation and Parole System, 2018 Acknowledgments The ACLU of Montana expresses its deepest appreciation to those who contributed their time, expertise, and personal stories to this report. Those most impacted by the inequities and flaws of the probation and …
Jones v. State of Kansas, KS, Petition, Doppelganger Exoneree, 2018 IN THE TENTH JUDICIAL DISTRICT COURT OF KANSAS, JOHNSON COUNTY In the matter of the wrongful conviction of RICHARD JONES ) ) ) ) ) ) PETITION FOR CERTIFICATE OF INNOCENCE PURSUANT TO 2018 Kansas Laws Ch. 108 (H.B. 2579) …
Article • August 20, 2018 • from CLN September, 2018
$9 Million Settlement in Baltimore Wrongful Conviction Case by Christopher Zoukis by Christopher Zoukis Baltimore officials agreed in May 2018 to settle a claim of wrongful conviction brought by a man who spent more than 20 years in prison for a murder he didn’t commit. The city agreed to pay …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Limitations, Habeas Corpus
Fifth Circuit Affirms Habeas Relief Granted to Louisiana Prisoner Who Overcame SOL by ‘Credible Showing of Actual Innocence’ by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Fifth Circuit upheld a federal district court’s ruling that a Louisiana man who has served over 35 years …
Article • August 20, 2018 • from CLN September, 2018
New Kansas Law Compensates Those Wrongfully Convicted by Dale Chappell by Dale Chappell Kansas has become the thirty-third state to offer compensation to those who were wrongfully convicted. The new law signed by Gov. Jeff Colyer allows exonerees to be paid $65,000 for each year that they wrongfully spent in …
Article • August 20, 2018 • from CLN September, 2018
First Circuit Holds Appeal Not Barred by Plea Agreement Waiver Provision When Sentence Exceeds Agreement by David Reutter by David Reutter The United States Court of Appeals for the First Circuit held a plea agreement’s appellate waiver provision did not bar an appeal where the district court imposed a home …
Article • August 20, 2018 • from CLN September, 2018
New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms by Christopher Zoukis by Christopher Zoukis Newly appointed New Jersey Attorney General Gurbir Grewal has directed his prosecutors to take over an investigation into the 1993 murder conviction of two men who might be innocent. He also formed a …
Article • August 17, 2018 • from CLN September, 2018
Sixth Circuit Reverses Relevant Conduct Firearm Enhancement Because No Connection Between Possession Charges Based on Two Separate Shootouts by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Sixth Circuit reversed a lower court’s ruling that two unrelated instances of gun possession were part of the …
Article • August 17, 2018 • from CLN September, 2018
Kansas Supreme Court: Deadly Weapon-Use Finding Prerequisite to Imposing Violent Offender Registration Requirement by Matthew Clarke by Matt Clarke On April 13, 2018, the Supreme Court of Kansas held that, absent a finding by a trial court that a defendant used a deadly weapon in a person felony, the trial …
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