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Fourth Circuit Announces Discretionary Conditions of Supervision Must Be Orally Pronounced at Sentencing
Article • October 15, 2020 • from CLN November, 2020
Filed under: U.S. Sentencing Guidelines, Sentencing Hearing
Fourth Circuit Announces Discretionary Conditions of Supervision Must Be Orally Pronounced at Sentencing by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit reversed and remanded for resentencing a case because the U.S. District Court for the Western District of North Carolina imposed 26 conditions …
Scholl v. Mnuchin, et al., NC, Order, Withholding Prisoners Money, 2020
Publication • September 24, 2020
Filed under: Seizure of Prisoner Funds, Tax Law
Scholl v. Mnuchin, et al., NC, Order, Withholding Prisoners Money, 2020 Case 4:20-cv-05309-PJH Document 50 Filed 09/24/20 Page 1 of 45 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 COLIN SCHOLL, et al., 9 10 11 Case No. 20-cv-05309-PJH Plaintiffs, 8 v. STEVEN …
North Carolina Supreme Court: Defendant Can’t Be Convicted of Both Habitual Misdemeanor Assault and Felony Assault for Same Act
Article • September 15, 2020 • from CLN October, 2020
Filed under: Double Counting
North Carolina Supreme Court: Defendant Can’t Be Convicted of Both Habitual Misdemeanor Assault and Felony Assault for Same Act by Douglas Ankney by Douglas Ankney The Supreme Court of North Carolina held that Melvin Lamar Fields could not be convicted of both habitual misdemeanor assault and felony assault for the …
Fourth Circuit: Sentencing Procedurally Unreasonable Where Special Condition Not Explained and Mitigation Argument Not Addressed
Article • August 15, 2020 • from CLN September, 2020
Filed under: Special Conditions, Failure to Explain, Drug Treatment Program
Fourth Circuit: Sentencing Procedurally Unreasonable Where Special Condition Not Explained and Mitigation Argument Not Addressed by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Fourth Circuit held that a criminal sentence was unreasonable where the district court failed to offer an explanation for a special condition …
Fourth Circuit: Erroneous Career Offender Sentence Correctable in First Step Act Resentencing
Article • July 15, 2020 • from CLN August, 2020
Filed under: U.S. Sentencing Guidelines, Sentencing Goals/Purposes/Practices
Fourth Circuit: Erroneous Career Offender Sentence Correctable in First Step Act Resentencing by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on April 23, 2020, that a retroactive change in law that rendered a career offender sentence erroneous required a district court to …
North Carolina Supreme Court: Giving Finger to Police Not Disorderly Conduct Justifying Traffic Stop
Article • June 15, 2020 • from CLN July, 2020
Filed under: Traffic stop, Disorderly Conduct, Community Caretaking Exception/Doctrine
North Carolina Supreme Court: Giving Finger to Police Not Disorderly Conduct Justifying Traffic Stop by Dale Chappell by Dale Chappell A unanimous Supreme Court of North Carolina held on May 1, 2020, that waving the middle finger at the police was not disorderly conduct to justify a traffic stop and …
Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule
Article • June 15, 2020 • from CLN July, 2020
Filed under: Habeas Corpus, U.S. Sentencing Guidelines, Mandatory Minimum Sentence
Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on March 4, 2020, that the savings clause of 28 U.S.C. § 2255(e) is available even if based on …
North Carolina Supreme Court Announces Defendant Can Forfeit Right to Counsel by Egregious Misconduct; Trial Court May Forgo Compliance with N.C.G.S. § 15A-1242
Article • April 15, 2020 • from CLN May, 2020
Filed under: Counsel - Right to, Forfeiture of Claim
North Carolina Supreme Court Announces Defendant Can Forfeit Right to Counsel by Egregious Misconduct; Trial Court May Forgo Compliance with N.C.G.S. § 15A-1242 by Douglas Ankney by Douglas Ankney In a case of first impression in the Supreme Court of North Carolina, the Court announced that when a defendant forfeits …
HRDC v. Carmichael, et al., NC, Settlement, censorship, 2020
Filing • February 1, 2020
Filed under: PLN Litigation, Censorship
HRDC v. Carmichael, et al., NC, Settlement, censorship, 2020
U.S. District Court Grants Savings Clause Petition, Vacates Mandatory Life Sentence
Article • October 16, 2019 • from CLN November, 2019
Filed under: Sentencing, Pardons/Clemency
U.S. District Court Grants Savings Clause Petition, Vacates Mandatory Life Sentence by Dale Chappell by Dale Chappell After the case had been sitting in the courts for seven years, the U.S. District Court for the Western District of North Carolina granted relief under the “savings clause” of 28 U.S.C. § …
Association of Restrictive Housing With Mortality, JAMA, 2019
Publication • October 4, 2019
Filed under: Drug Overdose, Statistics/Trends, Cost of Prison Systems, Drug Treatment/Rehab, Health care
Association of Restrictive Housing With Mortality, JAMA, 2019 Original Investigation | Public Health Association of Restrictive Housing During Incarceration With Mortality After Release Lauren Brinkley-Rubinstein, PhD; Josie Sivaraman, MSPH; David L. Rosen, PhD, MD; David H. Cloud, JD, MPH; Gary Junker, PhD; Scott Proescholdbell, MPH; Meghan E. Shanahan, PhD; Shabbar …
Fourth Circuit Rules Assault on Government Official Under North Carolina Statute Not a ‘Crime of Violence’
Article • June 17, 2019 • from CLN July, 2019
Filed under: Crime/Demographics
Fourth Circuit Rules Assault on Government Official Under North Carolina Statute Not a ‘Crime of Violence’ by Chad Marks by Chad Marks The U.S. Court of Appeals for the Fourth Circuit ruled that Tomonta Simmons’ conviction for assault with a deadly weapon on a government official (“AWDWOGO”) under N.C. Gen. …
NC Disapproved Publications List as of 9-18-19
Publication • 2019
Filed under: Publications/Books, Banned Book Lists, Censorship
NC Disapproved Publications List as of 9-18-19 North Carolina Department of Public Safety Disapproved Publications Report (Bulletin Board Posting) Report Date: 09/18/2019 658 matches found. Publication Name Publication Type Review Date A BRONX TALE BOOK 09/10/2019 A BRONX TALE 2 BOOK 09/10/2019 A CENTAUR'S LIFE BOOK 06/26/2019 A CLASH OF …
North Carolina police officer decertifications
Publication • 2019
Filed under: Police Misconduct
North Carolina police officer decertifications Revocations First Name Aprill Aprill Tony Edsel Edsel Roosevelt Roosevelt Clarence Drew Garry Benjamin Benjamin Joey Takayla Timeka Annie Bobby Bobby Bobby David Jeffery Jeffery Melanie Patsy Robert Susan Laura Amanda Anita James James Mary Cheykeim Harold Harold Robert Waynea Arvis Joyce Kenneth Mark Valerie …
Hines v. Johnson, NC, Complaint,Illegal Arrest and Seizure, 2019
Brief • May 16, 2019
Filed under: False Arrest, Privacy Act/Rights, Seizure
Hines v. Johnson, NC, Complaint,Illegal Arrest and Seizure, 2019 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA GREENSBORO DIVISION NO. 1:19-CV-515 ARIS HINES & BRANDI THOMASON, Plaintiffs, : : : : TERRY S. JOHNSON, individually and : in his Official capacity as Sheriff of : Alamance County, …
Smith v. City of Greensboro, NC, Complaint, Excessive Deadly Force, 2019
Brief • April 10, 2019
Filed under: Excessive Force, Excessive Force (Wrongful Death)
Smith v. City of Greensboro, NC, Complaint, Excessive Deadly Force, 2019 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA GREENSBORO DIVISION Civil Action No. 1:19-cv-386 MARY SMITH and GEORGE SMITH, Individually, and MARY SMITH, as Administrator of the ESTATE OF MARCUS DEON SMITH, deceased, ) …
N.C. Supreme Court: Hiring and Paying a Hit Man Not Overt Act Necessary for Attempted Murder Charge
Article • March 16, 2019 • from CLN April, 2019
Filed under: Sentencing
N.C. Supreme Court: Hiring and Paying a Hit Man Not Overt Act Necessary for Attempted Murder Charge by Douglas Ankney by Douglas Ankney The Supreme Court of North Caro­lina ruled that hiring an undercover officer posing as a hit man to kill another person does not satisfy the element of …
Study: Racial Bias Inherent in the Jury Selection Process
Article • February 15, 2019 • from CLN March, 2019
Filed under: Racial Discrimination, Jury Service and Selection Act
Study: Racial Bias Inherent in the Jury Selection Process by Kevin Bliss by Kevin Bliss Wake Forest University criminal law professor Ronald Wright recently published a research paper, which proves—with statewide evidence—that the peremptory challenge process of jury selection in North Carolina trials is racially biased.  Prosecutors, who are first …
Fourth Circuit Affirms Ruling That Diagnosis of Intellectual Development Disorder Does Not Qualify as ‘Sexually Dangerous Person’ Under Federal Civil Commitment Statute
Article • October 31, 2018 • from CLN November, 2018
Filed under: Disabled Prisoners, Sex Offenders (Discrimination), Civil Commitment
Fourth Circuit Affirms Ruling That Diagnosis of Intellectual Development Disorder Does Not Qualify as ‘Sexually Dangerous Person’ Under Federal Civil Commitment Statute by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Fourth Circuit affirmed a lower court’s ruling that a man civilly committed under 18 U.S.C.S. …
Documents Reveal How Law Enforcement Partners with Private Companies to Surveil Schools
Article • October 24, 2018 • from CLN November, 2018
Filed under: Police State-Surveillance
Documents Reveal How Law Enforcement Partners with Private Companies to Surveil Schools by Steve Horn by Steve Horn Unbeknownst to college students across the country, their school may be surveilling their social media activity. What may be even more surprising to learn is that even individuals who have no affiliation …
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