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U.S. District Court Grants Compassionate Release Based Entirely on Nearly Three-Decade-Old Sentencing Error, Reduces Life Sentence by Dale Chappell by Dale Chappell Citing a sentencing error from 27 years ago, the U.S. District Court for the District of Massachusetts granted compassionate release to a man serving a life sentence for …
Article • June 15, 2021 • from CLN July, 2021
Eleventh Circuit: Timely Filed Amended Fla. R. Crim. P. 3.850 Motion Tolls AEDPA Clock, Rejects State’s Proposed 30-Day Limitations Period by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit rejected the state of Florida’s push for a 30-day time limit for amended state postconviction …
Article • June 15, 2021 • from CLN July, 2021
Direct Collateral Review Creates Path Around AEDPA Hurdles for State Prisoners Seeking Postconviction Relief by Dale Chappell by Dale Chappell It’s called “direct collateral review,” and it’s quickly becoming a way for state prisoners to get around the obstacles and roadblocks to receiving habeas relief in federal court. Never heard …
Article • June 15, 2021 • from CLN July, 2021
Filed under: Federal Statutory Law
Wyoming Supreme Court Abandons Alter Ego Rule in Relation to Defense-of-Another Claim by Anthony Accurso by Anthony Accurso The Supreme Court of Wyoming clarified how the changes from common-law crimes to statutory only crimes in 2008, including modifications in 2018, affect the common-law rules for self-defense as an immunity claim. …
Article • June 15, 2021 • from CLN July, 2021
Filed under: Habeas Corpus, AEDPA
SCOTUS Reaffirms Habeas Court Must Consider Entire Record Before ‘Disturbing’ a State Criminal Judgment by Dale Chappell by Dale Chappell In a case without oral argument, the Supreme Court of the United States (“SCOTUS”) summarily reversed the grant of a new trial to a state prisoner on March 29, 2021, …
Publication • 2021
University of Arkansa Law Review - Spring 2021 U N I V E R S I T Y O F A R K A N S A S AT L I T T L E R O C K LAW REVIEW ARTICLES Diagrammatics and the Proactive Visualization of Legal Information …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Habeas Corpus, AEDPA
Fourth Circuit Finally Holds Davis Retroactive by Dale Chappell by Dale Chappell In a case that numerous federal habeas petitioners have been awaiting, the U.S. Court of Appeals for the Fourth Circuit held on February 23, 2021, that the decision in United States v. Davis, 139 S. Ct. 2319 (2019), …
Article • February 15, 2021 • from CLN March, 2021
SCOTUS: RFRA’s ‘Appropriate Damages’ Includes Monetary Awards by Douglas Ankney by Douglas Ankney A unanimous Supreme Court of the United States (“SCOTUS”) held that the express remedies provision of the Religious Freedom Restoration Act of 1993, 42 U.S.C. 2000bb et seq. (“RFRA”), permits litigants, when appropriate, to obtain money damages …
SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions by Dale Chappell by Dale Chappell In a decision highlighting the deference to state court decisions under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), the Supreme Court of the United States held on December 14, 2020, …
Sex Panic: The War on Sex Offenders as Public Enemy Number One by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Fueled by a “moral panic” that evolved through the 1990s and into the mid-2000s, the war on “sex offenders” paralleled the war on drugs and was slated to eventually replace …
Eleventh Circuit Holds RICO Conspiracy Doesn’t Qualify as Crime of Violence for § 924(c) Purposes and Defendant’s 120-Year Sentence Was Procedurally Unreasonable by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held that RICO conspiracy under 18 U.S.C. …
Article • November 15, 2020 • from CLN December, 2020
Shielding Police Identities: A Law That Cuts Both Ways by Michael Fortino, Ph.D   by Michael Fortino, Ph.D. Marsy’s Law, also known as the “crime victim bill of rights” designed to protect victims from their attackers when the latter are no longer incarcerated, is used by Florida police as a …
Article • November 15, 2020 • from CLN December, 2020
Maine Supreme Court: SORNA Ruled Ex Post Facto Punishment for Defendant by Anthony Accurso by Anthony Accurso In a decision issued August. 13, 2020, the Maine Supreme Judicial Court held that the Sex Offender Registration and Notification Act of 1999 (“SORNA of 1999”) was unconstitutionally applied to a defendant in …
Chicago’s Police Torture Reparations by Jayson Hawkins by Jayson Hawkins In 2015, the decades-long battle waged by social justice activists in Chicago culminated in the passage of a reparations bill for victims of torture at the hands of the Chicago police. Five years after this historic victory, both victims and …
Article • September 15, 2020 • from CLN October, 2020
California Supreme Court Announces New Time Limit for Habeas ‘Appeal’ Stages, Clarifying Tolling for Federal Habeas Petitioners by Dale Chappell by Dale Chappell The Supreme Court of California, on July 20, 2020, established a new time limit for filing subsequent habeas corpus petitions in state courts that clarifies when a …
Brief • September 2, 2020
Congress v. State of Vermont, VT, Complaint, Failure to Treat/Reasonable Accommodation, 2020 STATE OF VERMONT CIVIL DIVISION Docket No.: v. F C O O R N IN FI D CA EN M TI E AL RA STATE OF VERMONT, AGENCY OF HUMAN SERVICES and DEPARTMENT OF CORRECTIONS; BENJAMIN WATTS, in …
Article • August 15, 2020 • from CLN September, 2020
Sixth Circuit: Prosecutor’s Improper Comments and Counsel’s Failure to Object Require New Trial by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on May 15, 2020, that a prosecutor’s improper comments to the jury during a murder trial, and counsel’s failure to object …
Article • August 15, 2020 • from CLN September, 2020
Filed under: Habeas Corpus, AEDPA, Shackles
Sixth Circuit Grants Habeas Relief for Defendant Shackled During Murder Trial Without On-the-Record Justification by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit granted conditional habeas corpus relief to a Michigan prisoner who alleged that the use of shackles upon him during trial …
Article • July 15, 2020 • from CLN August, 2020
Fifth Circuit Clarifies AEDPA Time Limit Tolling for Louisiana Prisoners Filing Federal Habeas Corpus by Dale Chappell
Brief • June 29, 2020
Albert, et al. v. Global Tel*Link Corp., Securus Technologies, 3Cinteractive Corp., MD, class action complaint, prison phone calls, 2020 Case 8:20-cv-01936-PWG Document 1 Filed 06/29/20 Page 1 of 122 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ASHLEY ALBERT, PO Box 52 Nashua, NH 03061 CIVIL ACTION NO. 8:20-CV-1936 …
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