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Article • May 21, 2018 • from CLN June, 2018
Iowa Supreme Court Rules District Courts Have Authority to Hear Postconviction Relief Actions Involving Deprivation of Liberty or Property Interest by David Reutter by David Reutter The Supreme Court of Iowa held that a motion for postconviction relief is the proper vehicle to challenge a substantial deprivation of liberty or …
Article • May 21, 2018 • from CLN June, 2018
Filed under: Guilty Pleas, Sentencing
D.C. Circuit Vacates Sentence Because Government Breached Plea Agreement by Providing Defendant’s Confidential Statements to Sentencing Court by Dale Chappell by Dale Chappell The government’s use of incriminating statements made by a defendant at a confidential debriefing breached the plea agreement and constituted “plain error” when the government disclosed that …
Article • May 21, 2018 • from CLN June, 2018
Colorado Supreme Court Limits Bottom End of Aggravated Sentencing Statute for Habitual Sex Offenders by Christopher Zoukis by Christopher Zoukis The Supreme Court of Colorado ordered that a habitual sex offender be resentenced because the trial court miscalculated the bottom end of the defendant’s sentence. The December 18, 2017, opinion …
New Report: 60 Percent of Exonerations Stem from Official Misconduct by Steve Horn by Steve Horn The newly released 2017 edition of the National Registry of Exonerations report delivers big findings about the work done by conviction integrity units (“CIUs”), innocence projects, and what some legal experts refer to as …
Article • May 15, 2018 • from CLN June, 2018
‘Shaken Baby Syndrome’ Diagnoses Discredited, Convictions Questioned by Matthew Clarke by Matthew Clarke The term “junk science” does not quite cover the revolution in our understanding of the diagnosis of shaken baby syndrome. Medical experts now know that their belief in how to diagnose a clear sign of child abuse …
Article • May 15, 2018 • from CLN June, 2018
Drug-Induced Homicide Laws Hurt Rather Than Help Opioid Overdose Crisis by Dale Chappell by Dale Chappell Lawmakers and prosecutors just don’t get it. Instead of treatment and prevention of opioid overdoses, lawmakers and prosecutors are pushing for more convictions under draconian drug-induced homicide laws in response to America’s deadly crisis. …
Article • May 15, 2018 • from CLN June, 2018
Filed under: Habeas Corpus
Habeas Hints: Understanding and Satisfying the Strickland Test for IAC by Kent A. Russell, Tara Hoveland by Kent Russell and Tara Hoveland, attorneys This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column …
Article • May 15, 2018 • from CLN June, 2018
Filed under: Reviews, Habeas Corpus
Book Review: California Habeas Handbook 2.0 by Kent A. Russell by Christopher Zoukis Reviewed by Christopher Zoukis The writ of habeas corpus is an extraordinary remedy that allows a person held against his or her will by the state to challenge the legality of confinement. It is often referred to …
Article • May 15, 2018 • from CLN June, 2018
Filed under: Sentencing, Due Process
U.S. Supreme Court Holds Residual Clause Definition of ‘Crime of Violence’ Unconstitutionally Vague Under Due Process Clause by Dale Chappell by Dale Chappell The U.S. Supreme Court struck yet another residual clause definition of “crime of violence” as unconstitutionally vague in a major decision that could potentially affect thousands of …
Article • May 15, 2018 • from CLN June, 2018
Filed under: Sentencing
Vague Criminality and Mass Incarceration: Will Dimaya End the Insanity? by Leah Litman by Leah Litman, Harvard Law Review Blog Today [April 17, 2018] the Supreme Court decided Sessions v. Dimaya and struck down the federal definition of “crime of violence” as unconstitutionally vague. The statute, section 16(b) (along with …
Brief • May 14, 2018
Langley v. Prince et al., LA, order, murder conviction, 2018 Case: 16-30486 Document: 00514472153 Page: 1 Date Filed: 05/14/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-30486 FILED May 14, 2018 RICKY LANGLEY, Lyle W. Cayce Clerk Petitioner …
Brief • May 9, 2018
Estes v. State of Texas, opinion, sexual assault on child penalty, 2018 IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0429-16 RUSSELL LAMAR ESTES, Appellant v. THE STATE OF TEXAS ON STATE’S & APPELLANT’S PETITIONS FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS TARRANT COUNTY K EASLER, J., …
The Osborne Association Report, May, 2018, The High Costs of Low Risk - The Crisis of America’s Aging Prison Population The High Costs of Low Risk: The Crisis of America’s Aging Prison Population The Osborne Association May 2018 Executive Summary Executive Summary During the past four decades, we have experienced …
Article • April 19, 2018 • from CLN May, 2018
Intellectual Disability and Wrongful Conviction in Death Cases: A Lethal Combination by David Reutter by David M. Reutter The death penalty is sold by its advocates as a crime deterrent or a penalty reserved for the most heinous of crimes. The reality is that the death penalty is often used …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Release and Reentry, Bail
Philadelphia Tests Automating the Bail Risk Assessment Process by David Reutter by David M. Reutter Philadelphia is using part of a $3.5 million grant to create a computerized bail-risk assessment tool. The effort is part of the city’s Reentry Project. The MacArthur Foundation selected Philadelphia to take part in its …
Article • April 19, 2018 • from CLN May, 2018
Mississippi Supreme Court Reverses Conviction Ruling; State Failed to Prove ‘Constructive Possession’ of Marijuana by Dale Chappell by Dale Chappell The State failed to prove that packages of marijuana hidden in a car truck were in the “constructive possession” of a passenger, who was unaware they were there especially when …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Sentencing
Sentencing Court’s Grant of Prior Custody Credit was Not ‘Clear Error’ to Allow for Removal by Dale Chappell by Dale Chappell The government’s “eleventh hour” motion to “correct” a sentence to remove credit for time served in a related case before federal sentencing was improperly granted by the district court, …
Article • April 19, 2018 • from CLN May, 2018
NYU Students Form Dollar Bail Brigade to Help Free New Yorkers Held on $1 Bail by Christopher Zoukis by Christopher Zoukis Judges in New York City courtrooms have an unusual option when it comes to the pre-trial release of a defendant charged with a minor crime: $1 bail. Hundreds of …
Article • April 19, 2018 • from CLN May, 2018
California Supreme Court Grants Habeas Petition and Vacates Capital Murder Conviction Due to False Expert Testimony at Trial by Richard Resch by Richard Resch The Supreme Court of California granted a death row prisoner’s petition for writ of habeas corpus based upon the introduction of false evidence at trial and …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Wrongful Conviction, Police
Controversial Police Interrogation Technique That Often Results in False Confessions Abandoned by Influential Training Consultant by Matthew Clarke by Matt Clarke In 1931, a commission to investigate Prohibition-era corruption appointed by President Hoover issued the Wickersham Report. The report criticized the so-called Third Degree, which was the standard police interrogation …
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