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Article • August 17, 2018 • from CLN September, 2018
Third Circuit Grants Habeas Relief to Prisoner Convicted of First-Degree Murder Without Evidence of Specific Intent to Kill by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Third Circuit granted a Pennsylvania state prisoner conditional habeas corpus relief because the jury instructions used to convict …
Article • August 17, 2018 • from CLN September, 2018
Immigration Authorities Seize Wrongfully Convicted Man After Release by Matthew Clarke by Matt Clarke March 2018 should have been the happiest month of his life. After over two decades of wrongful imprisonment, the Cook County State’s Attorney agreed to drop murder charges against Illinois state prisoner Ricardo Rodriguez. He should …
Article • August 17, 2018 • from CLN September, 2018
What Some Prison Sentence Lengths Actually Reflect by Edward Lyon by Ed Lyon When a criminal convictee is sentenced, the number of months or years assessed does not always mean the convictee will remain in prison for that entire time. Nearly all states and most other jurisdictions in the world …
Article • August 17, 2018 • from CLN September, 2018
Iowa Supreme Court: Relief from Conviction Not Required When Suing for Legal Malpractice Based on Wrongful Sentence by Dale Chappell by Dale Chappell In an issue of first impression in Iowa, the Supreme Court of Iowa held that relief from a wrongful sentence is enough to allow a legal malpractice …
Secondary DNA Transfer: The Rarely Discussed Phenomenon That Can Place the Innocent (and the Dead) at a Crime Scene They’ve Never Been To by Christopher Zoukis by Christopher Zoukis In 1930, the French scientist Edmond Locard published a journal article in which he laid the groundwork for what would become …
Publication • August 1, 2018
New York State Parole Board - Failures in Staffing and Performance - A Report by the Parole Preparation Project and The Release Aging People in Prison Campaign, 2018 New York State Parole Board: Failures A Report and in by the Staffing and Performance Parole Preparation Project The Release Aging People …
Publication • August 1, 2018
Office of the Inspector General: Review of the Justice Department's Clemency Initiative, 2018 Office of the Inspector General U.S. Department of Justice OVERSIGHT INTEGRITY GUIDANCE Review of the Department’s Clemency Initiative Evaluation and Inspections Division 18-04 August 2018 Executive Summary Review of the Department’s Clemency Initiative Introduction Results in Brief …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Sentencing, Habeas Corpus
Texas Court of Criminal Appeals Announces ‘Finality’ Under Sentence Enhancement Provision for Out-of-State Convictions Governed by Texas Law by Dale Chappell by Dale Chappell “Finality” of an out-of-state conviction to support an enhanced sentence depends on whether Texas State law would consider that prior conviction “final,” not on the particular …
Article • July 21, 2018 • from CLN August, 2018
Utah Supreme Court: Procedural Due Process Violated Where Failure to Participate in Sex Offender Treatment Program Used to Deny Parole to Prisoner Not Convicted of Sex Offense by David Reutter by David Reutter The Supreme Court of Utah held that the Board of Pardons and Parole (“Parole Board”) violated a …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Attorneys, Appeals, Sentencing
Pennsylvania Supreme Court Announces New Rule to Allow IAC Claims for Fine-Only Sentences by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania announced a new rule allowing post-sentencing motions raising ineffective assistance of counsel (“IAC”) claims where only a fine but no prison or probationary time is imposed. …
Article • July 20, 2018 • from CLN August, 2018
Filed under: Habeas Corpus, Bail
Ninth Circuit: Younger Abstention Not Appropriate in Habeas Case Challenging Lack of Constitutionally Sufficient Bail Hearing by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit ruled on February 9, 2018, that Younger v. Harris, 401 U.S. 37 (1971) does not require a U.S. …
Article • July 20, 2018 • from CLN August, 2018
Filed under: War on Drugs, Bail
District Court Grants Bail in a Drug Case Over Government’s Typical Assertion That ‘No Condition or Combination of Conditions Would Reasonably Assure the Defendant’s Presence at Trial’ by Proving that it can be done, Judge Coleen Kollar-Kotelly declined the Government’s request for an emergency stay in this case and, despite …
Article • July 20, 2018 • from CLN August, 2018
Ninth Circuit Rules Weekends in Jail Count as Time ‘In Prison’ by Dale Chappell by Dale Chappell Weekends in jail count as time “in prison,” the U.S. Court of Appeals for the Ninth Circuit held, granting immediate release for a prisoner serving a supervised release revocation term in prison. When …
Peltier v. Sacks Et Al, WA, Order on Motion for Summary Judgment, Wrongful Conviction, 2018 Case 3:17-cv-05209-RBL Document 54 Filed 07/16/18 Page 1 of 18 HONORABLE RONALD B. LEIGHTON 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 9 LEONARD PELTIER, …
Wilson v. County of Los Angeles, CA, Complaint, Wrongful Conviction, 2018 se 2:18-cv-05775-KS Document 1 Filed 07/01/18 Page 1 of 75 Page ID # :1 1 BARRETT S. LITT, SBN 45527 Email: blitt@.kmbllaw.com 2 RONALD . KA YE, SBN 145051 Email: rok~kmbllaw.com 3 KEVIN J. aHUE, SBN 237556 KA YE, …
Brief • June 27, 2018
Filed under: Wrongful Conviction
Dennis v. City of Philadelphia, PA, Complaint, Wrongful Conviction, 2018 t\\ ri8S Case 2:18-cv-02689-JS Document 1 Filed 06/27/18 Page 1 of 39 "« <'<• 0 "'" /<6 (! 1/- a CIVIL COVER SHEET The JS 44 c1v!l cover sheet and the mformat1on contamed herem neither replace nor supplement the fllmg …
$400,000 Settlement Accepted by Michigan Parolee Over Force by Police, Parole Officers by Christopher Zoukis by Christopher Zoukis Michael J. Trethewey, who was assaulted by police and parole officers for an alleged parole violation, accepted a $400,000 settlement in compensation for his medical expenses and injuries. Approximately $270,000 of that …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Wrongful Conviction
$10 Million Award for California Man Wrongfully Imprisoned by Derek Gilna by Derek Gilna A man who was wrongfully accused, convicted, and imprisoned because of the alleged misconduct of four San Francisco police officers who fabricated and withheld evidence to frame him for a 2007 murder, has been awarded $10 …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Attorneys, Sentencing
Delaware Supreme Court Describes What Constitutes ‘Effective’ Counsel at Sentencing by Dale Chappell by Dale Chappell Providing a lesson on what defense lawyers should and should not do to get their client a lower sentence, the Supreme Court of Delaware held that counsel was ineffective when he met with his …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Sentencing
Eleventh Circuit Clarifies When a Court Must Conduct Resentencing Following § 2255 Relief by Dale Chappell by Dale Chappell In an issue of first impression for the U.S. Court of Appeals for the Eleventh Circuit, the Court clarified when a district court must hold a resentencing hearing, rather than summarily …
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