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Article • March 16, 2018 • from CLN April, 2018
Sixth Circuit: Sentence Enhancement Inapplicable, Sales of Guns and Drugs Separate by Dale Chappell by Dale Chappell Where the negotiation of each transaction was “fully consummated” before the next, the sale of guns and drugs separately was not enough to apply a guideline enhancement, the Sixth Circuit held December 5, …
Article • March 16, 2018 • from CLN April, 2018
7 Years Pre-Trial Incarceration: Vacated Convictions by This decision is a rare example of a criminal defendant actually getting permanent relief based on a violation of his speedy trial rights. Joseph Tigano, III and his father, Joseph Tigano, Sr., were arrested on July 8, 2008 on charges related to a …
Article • March 16, 2018 • from CLN April, 2018
California Supreme: “Beyond a Reasonable Doubt” Standard for Second Strike by Edward Lyon by Edward B. Lyon California is well known for its harsh Three Strikes law, which enhances prison terms for certain repeat offenders. Under that law, defendants whose first felony was “serious or violent” are classified as a …
Article • March 16, 2018 • from CLN April, 2018
Defense Fails to Present Diminished Capacity, Ninth Circuit Vacates Murder Convictions by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit granted a California state prisoner’s petition for a writ of habeas corpus and vacated the prisoner’s convictions for first degree murder. The Court, in …
Article • March 16, 2018 • from CLN April, 2018
Kansas Supremes: No Lifetime Post-Release Supervision by Derek Gilna by Derek Gilna The Kansas Supreme Court vacated sentences in which the district court had imposed lifetime post-release supervision on a defendant convicted of attempted first-degree murder, first-degree murder, aggravated assault, and illegal use of a communication facility. The Court held …
Article • March 16, 2018 • from CLN April, 2018
Miranda Violation: 9th Circuit Reverses Murder Conviction by Christopher Zoukis by Christopher Zoukis The Ninth Circuit Court of Appeals reversed the murder conviction of a 14-year-old boy who confessed to the crime after invoking his right to counsel. The Court concluded that the boy’s Miranda rights were violated. The September …
Article • March 12, 2018
15 Crooked Cop Cases Canned by Christopher Zoukis by Chris Zoukis   Cook County, Illinois Chief Criminal Judge LeRoy K. Martin tossed the convictions of 15 criminal defendants on November 16, 2017 because the cases were linked to disgraced former Chicago Police Sergeant Ronald Watts. All of the men whose …
Brief • March 9, 2018
Filed under: Bail, Bail Bonds
Mock v. Glynn, GA, PI, Bail, 2018 Case 2:18-cv-00025-LGW-RSB Document 6-1 Filed 03/09/18 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION Margery Freida Mock and Eric Scott Ogden, Jr., individually and on behalf of those similarly situated^ Case No. (Class Action) Plaintiffs, …
Kluppelberg v. Burge, IL, Settlement REPORT OF SETTLEMENT Case: Judge Presiding: Nature of Case: Settlement: Kluppelberg v. Burge, et al., No. 13 cv 3963 (N.D. Ill.) Hon. Joan Humphrey Lefkow Section 1983 wrongful conviction $9,300,000.00 Plaintiff: James Kluppelberg Represented by: Jon Loevy Gayle Horn Loevy & Loevy 311 N. Aberdeen, …
Article • February 22, 2018
Louisiana: Reform Results in Early Releases by David Reutter by David Reutter Laws aimed at reducing Louisiana's prison population resulted in the release of about 1,400 prisoners on November 1, 2017. While the population reduction from those laws will save taxpayers $262 million, those who benefit from free prisoner labor …
Brief • February 22, 2018
State of Colorado v. Griego, opinion, attempted reckless manslaughter equal protection, 2018 1 2 3 4 5 6 7 8 9 0 1 2 3 4 Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Judicial Branch’s homepage at http://www.courts.state.co.us. Opinions are …
Article • February 16, 2018 • from CLN March, 2018
Maine Supreme Court: State Must Provide Evidence to Support Probation Revocation by Dale Chappell by Dale Chappell The State carries the burden of proving that a probationer has violated his probation in order to support a revocation of probation, the Maine Supreme Court held on December 12, 2017. Cory Kibbe …
Article • February 16, 2018 • from CLN March, 2018
Washington Court of Appeals Reverses Murder Conviction Due to Prejudicial PowerPoint by Richard Resch by Richard Resch The Washington Court of Appeals, Division I determined that the use of specific PowerPoint slides intended to establish the characters of defendant and victim and their actions in conformity therewith amounted to prosecutorial …
Article • February 16, 2018 • from CLN March, 2018
Georgia Supreme Court Instructs Federal Courts on Its Habeas Review Process by Richard Resch by Richard Resch On January 16, 2018, the Supreme Court of Georgia issued an instructive per curiam opinion in which it announced the need for it to explain its habeas application review process. According to the …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Wrongful Conviction
After 21-Year Imprisonment, Wrongfully Convicted Nevada Man Pardoned by Christopher Zoukis by Christopher Zoukis Fred Steese spent 21 years in prison for a murder that he did not commit. He was granted an Order of Actual Innocence in 2012, but was released from prison only upon entering an Alford plea—not …
Article • February 16, 2018 • from CLN March, 2018
Use of Sentencing Mitigation Videos Grows by Derek Gilna by Derek Gilna Defendants who plead guilty on both the state and federal level generally are interviewed by the sentencing jurisdiction’s probation department, which seeks background information regarding the criminal history, family history, and health history of the defendant in order …
Article • February 16, 2018 • from CLN March, 2018
Seventh Circuit: Capital Case Defendant Denied Pro Se Right Granted Habeas Relief by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Seventh Circuit granted a state prisoner’s petition for habeas corpus relief because the prisoner was denied his right to proceed pro se at trial, in …
Article • February 16, 2018 • from CLN March, 2018
Second Circuit Vacates 60-Month Sentence in Model Guidelines Sentencing Decision by This is a model guidelines sentencing decision filled with nuggets of pure gold in which the district judge (Katherine Forrest of the S.D.N.Y.) was sharply rebuked for imposing an above-guidelines sentence in an illegal reentry case that was three …
Publication • February 15, 2018
Keeping Kids and Parents Parents Together, a Healthier Approach to Sentencing in Tennessee, 2018 Keeping Kids and Parents Together A Healthier Approach to Sentencing in Tennessee February 2018 humanimpact.org Executive Summary It carries on throughout their life that their mother or father had to go away for a while. If …
Brief • February 6, 2018
Harden v. State of Delaware, ruling, post-conviction relief, 2018 IN THE SUPREME COURT OF THE STATE OF DELAWARE DARIUS O. HARDEN, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 290, 2017 Court Below: Superior Court of …
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