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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 …
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&rsquo;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&rsquo;s actual innocence statute &ldquo;fundamentally changed the nature&rdquo; 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&rsquo;s advice to a defendant to take a plea deal to avoid the State&rsquo;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 …
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