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Article • November 1, 2018 • from CLN November, 2018
U.S. Supreme Court: Defendant Sentenced Pursuant to a Rule 11(c)(1)(C) Plea ‘Generally Eligible’ for Sentence Reduction when Guidelines Retroactivity Reduced by Christopher Zoukis by Christopher Zoukis The Supreme Court of the United States, in a 6-3 ruling, cleared up significant confusion in the circuit courts of appeals by ruling that …
Article • November 1, 2018 • from CLN November, 2018
Federal Judge Orders New Orleans Municipal Court System to Reform Money Bail by Derek Gilna by Derek Gilna On August 6, 2018, Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana ordered the New Orleans Municipal Court system to reform its money bond system, …
Article • November 1, 2018 • from CLN November, 2018
Filed under: Sentencing
U.S. Supreme Court: Plainly Miscalculated Guidelines Range Requires Appellate Court to Vacate Sentence in the Ordinary Case by Christopher Zoukis by Christopher Zoukis The Supreme Court of the United States ruled that when a district court plainly miscalculates a defendant’s Guidelines range and the mistake affects the defendant’s substantial rights, …
Article • November 1, 2018 • from CLN November, 2018
Filed under: Bail, Money/Property, Bail Bonds
Federal Judge Rules Cullman County, Alabama, Money Bond System Unconstitutional by Derek Gilna by Derek Gilna U.S. District Court Judge Madeline Hughes Haikala issued a preliminary injunction on September 13, 2018, which effectively ends the money bond system of Cullman County, Alabama, finding that it violates the Eighth Amendment, which …
Justice Policy Institute: The Ungers, 5 Years and Counting - A Case Study in Safely Reducing Long Prison Terms and Saving Taxpayer Dollars, 2018 NOVEMBER, 2018 1 Acknowledgments THIS REPORT IS THE RESULT OF THE COLLABORATIVE AND CUMULATIVE EFFORTS OF SEVERAL ORGANIZATIONS AND INDIVIDUALS OVER SEVERAL YEARS. THE “UNGER STORY” …
Article • October 31, 2018 • from CLN November, 2018
Rhode Island Supreme Court Takes on ‘Thorny Issues’ Presented by Sex Offender Registry Laws by Christopher Zoukis by Christopher Zoukis State legislatures across the nation seem unable to stop themselves from tinkering with and upgrading their sex offender registry laws. The Rhode Island Legislature is no exception, and continual changes …
The Power of the Prosecutor: A Personal Account by Ashley Sawyer by Ashley Sawyer, Campaign for Smart Justice Consultant, ACLU of Vermont Have you ever watched an episode of “Law & Order”? The creators do an amazing job of dramatizing the court process. The characters playing the prosecutors are always …
Article • October 31, 2018 • from CLN November, 2018
Filed under: Bail, Money/Property, Bail Bonds
Federal Judge Orders Accused Hacker to Post Bail in Bitcoin or Other Cryptocurrency by Derek Gilna by Derek Gilna Martin Marsich, a 25-year-old foreign national, was arrested on August 8, 2018, for hacking into Electronic Arts Company’s internal computer network and gaining access to approximately 25,000 customer accounts that are …
Article • October 31, 2018 • from CLN November, 2018
Second Circuit Rules Police Not Entitled to Qualified Immunity After Failing to Comply With Terms of Material Witness Warrant by Kevin Bliss by Kevin Bliss The U.S. Court of Appeals for the Second Circuit held that the detention of a prospective material witness for 18 hours in a holding cell …
Article • October 31, 2018 • from CLN November, 2018
Will Groundbreaking California Bail Reform Help or Hinder Defendants’ Likelihood of Pre-Trial Release? by Betty Nelander by Betty Nelander Gov. Jerry Brown hailed a sweeping cash bail elimination law in California as landmark, years-in-the-making legislation to fairly treat “rich and poor alike.” Whether it will keep more people out of …
Massachusetts Supreme Court Holds Seven-Year Delay and Inability to Receive Sex Offender Treatment While Awaiting SDP Trial Violates Due Process by Dale Chappell by Dale Chappell “While substantive due process permits limited confinement after a probable cause determination, it does not permit the Commonwealth to hold an individual indefinitely while …
Brief • October 30, 2018
Norfolk Four v. City of Norfolk, VA, Settlement Agreement, Wrongful Conviction, 2018
Article • October 25, 2018 • from CLN November, 2018
Conviction Integrity Units, Innocence Commissions Tackle Wrongful Convictions, Prosecutorial Misconduct by Steve Horn by Steve Horn Conviction integrity units, known as CIUs and sometimes referred to as conviction review units or CRUs, have in recent years become increasingly widespread in county prosecutors’ offices throughout the U.S. They sit alongside actual …
Washington Supreme Court Strikes Down Pornography Prohibition as Unconstitutionally Vague by Christopher Zoukis by Christopher Zoukis The Supreme Court of Washington held a community custody condition preventing a probationer from possessing or accessing pornography unconstitutionally vague under the First Amendment because the prohibition also extended to works of art, books, …
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 …
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