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Article • June 18, 2018 • from CLN July, 2018
Filed under: Gang Policies, Sentencing
California Court of Appeal Rejects Gang Enhancement Based on Expert Witness’ Case-Specific Hearsay Evidence by Christopher Zoukis by Christopher Zoukis The Court of Appeal of California, Fourth Appellate District, Division Two reversed a trial court’s imposition of a gang enhancement on a defendant when the evidence of gang activity consisted …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Wrongful Conviction
Virginia Supreme Court Grants Relief Under Revised Actual Innocence Statute by Dale Chappell by Dale Chappell The change of a single word in Virginia’s actual innocence statute “fundamentally changed the nature” of actual innocence inquiries, the Supreme Court of Virginia announced, finding a petitioner proved his actual innocence under the …
Article • June 18, 2018 • from CLN July, 2018
California Supreme Court Vacates Conviction and Death Sentence After Experts Recant Testimony by Dale Chappell by Dale Chappell The Supreme Court of California granted a writ of habeas corpus and vacated a first-degree murder conviction and death sentence after several of the experts who testified at trial recanted their testimony …
Sixth Circuit: Statute of Limitations for § 1983 Claim Accrues When Criminal Proceedings are Terminated by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Sixth Circuit ruled on March 15, 2018, that a claim for prosecutorial misconduct, brought by a wrongfully convicted defendant, does not …
Article • June 16, 2018 • from CLN July, 2018
S.C. Supreme Court Rules Counsel’s Failure to Recognize Ex Post Facto Issue in Advising Defendant to Accept Plea Deal Constituted IAC by Dale Chappell by Dale Chappell The Supreme Court of South Carolina found that counsel’s advice to a defendant to take a plea deal to avoid the State’s threat …
Article • June 16, 2018 • from CLN July, 2018
Alabama’s Most Populous County Reaches Bail Reform Settlement, But Problems Could Persist by Steve Horn by Steve Horn Jefferson County, the most populous county in Alabama, reached a Resolution Agreement on April 6 with the U.S. Department of Justice and the group Equal Justice Under Law in response to a …
Article • June 16, 2018 • from CLN July, 2018
Texas Court of Criminal Appeals: Lawyer’s Failure to Advise Client of Opinion Making It Impossible for State to Meet Its Burden of Proof Constitutes Ineffective Assistance of Counsel by Matthew Clarke by Matt Clarke On September 27, 2017, the Court of Criminal Appeals of Texas held that a guilty plea …
Article • June 16, 2018 • from CLN July, 2018
Filed under: Appeals, Habeas Corpus
SCOTUS Adopts ‘Look Through’ Methodology for Federal Courts in Determining State Court’s Rationale for Unexplained Habeas Decision by Richard Resch by Richard Resch On April 17, 2018, the Supreme Court of the United States (“SCOTUS”) issued an opinion in which it instructed that federal courts are required to “look through” …
Prison Activist Resource Center - PARC National Prisoner Resource Directory, 2018 PARC National Prisoner Resource Directory Core Volunteers Jessie Backer Greetings, Marka Ellertson Welcome to the June 2018 edition of PARC’s National Prisoner Resource Directory. We have updated information on organizations that are new to us, and on ones that …
The Criminal History of Federal Offenders, United States Sentencing Commission, 2018 The Criminal History of Federal Offenders UNITED STATES SENTENCING COMMISSION United States Sentencing Commission One Columbus Circle, N.E. Washington, DC 20002 www.ussc.gov William H. Pryor Jr. Acting Chair Rachel E. Barkow Commissioner Charles R. Breyer Commissioner Danny C. Reeves …
Vera Institute of Justice--The New Dynamics of Mass Incarceration Report, 2018 The New Dynamics of Mass Incarceration Jacob Kang-Brown, Oliver Hinds, Jasmine Heiss, and Olive Lu June 2018 From The Director The turn of the century marked a new direction for the nation’s prisons and jails: after three decades of …
Families Against Mandatory Minimums: Everywhere and Nowhere -- Compassionate Release in the States, 2018 Everywhere and Nowhere Compassionate Release in the States By Mary Price June 2018 1 About the Author Mary Price is general counsel of Families Against Mandatory Minimums (FAMM). She directs the FAMM Litigation Project and advocates …
Publication • 2018
Wrong Turn on the Ex Post Facto Clause, Paul Reingold and Kimberly Thomas, University of Michigan Law, 2018 PUBLIC LAW AND LEGAL THEORY RESEARCH PAPER SERIES PAPER NO. 590 FEBRUARY 2018 WRONG TURN ON THE EX POST FACTO CLAUSE PAUL D. REINGOLD & KIMBERLY THOMAS CALIFORNIA LAW REVIEW, VOL. 106, …
A Way Out: Abolishing Death by Incarceration in Pennsylvania, Abolitionist Law Center, 2018 ABOLISHING DEATH BY INCARCERATION IN PENNSYLVANIA 1 A Report on Life-Without-Parole Sentences ABOLITIONIST LAW CENTER A Way Out ABOLISHING DEATH BY INCARCERATION IN PENNSYLVANIA A Report On Life-Without-Parole Sentences 3 Abolitionist Law Center REPORT AUTHORS Quinn Cozzens, …
Article • May 22, 2018 • from CLN June, 2018
Filed under: Sentencing, Parole
Rhode Island High Court Abolishes Shatney in Initial Application for Postconviction Relief by Prisoners Serving Life Without Parole by Matthew Clarke by Matt Clarke On December 5, 2017, the Supreme Court of Rhode Island held that, “from this point forward, Shatney v. State, 755 A.2d 130 (R.I. 2000), shall be …
Article • May 22, 2018 • from CLN June, 2018
Fifth Circuit: 96-Day Pretrial Detention Without Appearance Before Judge or Chance to Post Bail Violates Fourteenth Amendment Due Process Rights by Matthew Clarke by Matt Clarke On October 24, 2017, the U.S. Court of Appeals for the Fifth Circuit held that an indicted Mississippi pre-trial detainee’s Fourteenth Amendment due process …
Fifth Circuit Holds Prisoner May Sign and Deliver Habeas-Related Motion on Behalf of Fellow Prisoner Under Prison Mailbox Rule by Dale Chappell by Dale Chappell A prisoner may sign and deliver a habeas-related motion to prison officials for timely mailing under the “prison mailbox rule” on behalf of another prisoner, …
Article • May 22, 2018 • from CLN June, 2018
U.S. Supreme Court: Death Penalty Case Involving Racist Juror Requires Further Consideration by Christopher Zoukis by Christopher Zoukis In a brief per curiam opinion, the United States Supreme Court vacated an Eleventh Circuit Court of Appeals decision that foreclosed potential relief for a prisoner on death row whose conviction may …
Article • May 22, 2018 • from CLN June, 2018
Filed under: Appeals, Sentencing, Tax Law
U.S. Supreme Court Resolves Split Among Circuit Courts of Appeals on Tax Code § 7212(a) by Richard Resch by Richard Resch The Supreme Court of the United States reversed a defendant’s conviction for violating the second clause of 26 U.S.C.S. § 7212(a) (“Omnibus Clause”). In doing so, the Court announced …
Article • May 22, 2018 • from CLN June, 2018
Arizona Supreme Court: Trial Court Must Tell Jury Defendant Ineligible for Parole in Death Penalty Phase by Dale Chappell by Dale Chappell The trial court erred by failing to tell the jury that a defendant was ineligible for parole before its decision to impose the death penalty, the Supreme Court …
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