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Article • August 15, 2021 • from CLN September, 2021
The Many Roads to Relief Under Borden by Dale Chappell by Dale Chappell In yet another case, the Supreme Court of the United States (“SCOTUS”) whittles away at the Armed Career Criminal Act (“ACCA”), this time narrowing what qualifies as a “violent felony” to impose the harsh 15-year minimum penalty …
Article • May 15, 2021 • from CLN June, 2021
Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada held that “the State properly charges a defendant with only a single violation of NRS 202.360(1)(b) when it …
Seventh Circuit Vacates Sentence Where District Court Improperly Imposed Leadership Enhancement by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit vacated Fred McGee’s sentence because the U.S. District Court for the Western District of Wisconsin improperly imposed a two-level leadership enhancement under Sentencing Guidelines …
Article • April 15, 2021 • from CLN May, 2021
Arkansas Supreme Court: Unborn Child Not a ‘Person’ Under Sentencing Enhancement Scheme by Anthony Accurso by Anthony Accurso In an opinion delivered December 10, 2020, the Supreme Court of Arkansas held that the definition of a “person” used for aggravating factors at sentencing does not include an unborn child. On …
Article • March 15, 2021 • from CLN April, 2021
Ohio Supreme Court: Retroactive Application of Sexually Violent Predator Law Violates Ex Post Facto Clause by Dale Chappell by Dale Chappell The Supreme Court of Ohio held that applying a harsher version of the state’s sexually violent predator law (“SVP”) retroactively to criminal conduct that occurred prior to that newer …
Article • March 15, 2021 • from CLN April, 2021
North Carolina Supreme Court: Judge May Not Reject Informed Guilty Plea Because Defendant Refuses to Admit He’s Factually Guilty by David Reutter by David M. Reutter The Supreme Court of North Carolina held a trial court erred in refusing to accept a criminal defendant’s tendered guilty plea because he refused …
Tenth Circuit Vacates Enhancement for Prior Crime of Violence Because it Wasn’t Independently Eligible to Receive Criminal History Points by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s sentence after ruling the U.S. District Court for the District of Colorado improperly …
Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts (“SJC”) concluded that the holding in Commonwealth v. Brown, 479 Mass. 600 (2018), which requires the Commonwealth to prove that a defendant knew a …
Article • January 15, 2021 • from CLN February, 2021
Eighth Circuit Announces ‘Use of Minor’ Enhancement Inapplicable for Merely Buying Firearm From Minor by Dale Chappell by Dale Chappell In a question of first impression, the U.S. Court of Appeals for the Eighth Circuit vacated an enhanced sentence that was based on the “use of a minor to commit …
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, …
Article • January 15, 2021 • from CLN February, 2021
Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply by Dale Chappell by Dale Chappell In a case where the Government failed to prove that firearm enhancements applied at sentencing, the U.S. Court of Appeals for the Sixth Circuit ruled that the U.S. District Court for the …
Article • December 15, 2020 • from CLN January, 2021
7th Circuit: Ice Methamphetamine Sentence Enhancement Requires Proof of Purity by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Seventh Circuit ruled that subject matter expertise alone is insufficient to establish the purity of methamphetamines accurately to support a Guidelines enhancement. Scott Carnell pleaded guilty to …
Article • November 15, 2020 • from CLN December, 2020
Ninth Circuit: California Conviction Under § 261.5(c) Not Predicate Offense For § 2252(b)(1) Enhancement by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s conviction under California Penal Code § 261.5(c) is not a predicate offense triggering a higher mandatory sentencing …
Article • October 15, 2020 • from CLN November, 2020
Eighth Circuit: Counsel Ineffective for Not Recognizing § 851 Enhancement Should Not Have Applied by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Eighth Circuit reversed the U.S. District Court for the District of North Dakota’s denial of a defendant’s 28 U.S.C.§ 2255 motion and held …
Article • October 15, 2020 • from CLN November, 2020
First Circuit: Dangerousness of Machine Guns Not Justification for Above-Guidelines Sentence by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the First Circuit held on August 3, 2020, that the U.S. District Court for the District of Puerto Rico’s focus on the dangerousness of machine guns and …
Article • October 15, 2020 • from CLN November, 2020
Sixth Circuit Clarifies ‘Different Location’ in Robbery Guidelines Enhancement Commentary Requires More Than Herding Victims To Different Room by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Sixth Circuit clarified that the term “different location” in the U.S. Sentencing Guidelines commentary definition of “abduction” requires more …
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 …
Article • September 15, 2020 • from CLN October, 2020
Nebraska Supreme Court Announces Remand for New Sentencing Hearing Appropriate Remedy for Enhanced Vehicular Homicide Sentence Without Evidence of Prior Convictions by Douglas Ankney by Douglas Ankney The Supreme Court of Nebraska announced that the appropriate remedy after vacatur of an enhanced sentence for vehicular homicide that was imposed in …
Article • August 15, 2020 • from CLN September, 2020
Report: Attorney Appointment a ‘Pay For Play’ Arrangement in Texas County by Kevin Bliss by Kevin Bliss Georgetown Law professor Neel Sukhatme and Texas Criminal Justice Coalition lawyer Jay Jenkins conducted a study of judges and their assignment of legal representation to indigent defendants in Harris County, Texas. They found …
Eleventh Circuit Holds Georgia Terroristic Threats Conviction Overbroad for ACCA by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit held on April 8, 2020, that a prior conviction under Georgia’s terroristic threats statute was overbroad and therefore failed to meet the elements clause of …
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