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Article • July 15, 2024 • from CLN July, 2024
The 153 Exonerations in 2023 Include 19 Resulting From Threats or Sentences of Death by Casey Bastian by Casey J. Bastian   The Death Penalty Policy Project (“DP3”) analyzed exoneration data compiled by the National Registry of Exonerations (“NRE”) for 2023. The results are disturbing. Another 153 convicted people were …
Tenth Circuit Announces Assault Conviction Under 18 U.S.C. § 113(a)(6) Not a Qualifying Predicate ‘Crime of Violence’ for Purposes of USSG § 2K2.1(a)(3) by Douglas Ankney by Douglas Ankney   The U.S. Court of Appeals for the Tenth Circuit held that a conviction for assault resulting in serious bodily injury …
Brief • July 1, 2024
Filed under: Wrongful Conviction
Rubalcava v. City of San Jose, CA, Settlement, Wrongful Conviction, 2024 14. Entire Agreement. This document is a fully integrated contract. It contains all agreements, covenants, understandings, representations, and warranties between the Parties concerning the subject matter of the Agreement. The Parties have made no other express or implied agreements, …
Brief • June 18, 2024
Filed under: Wrongful Conviction
Rubalcava v. City of San Jose, CA, City Council Meeting Agenda Minutes, Wrongful Conviction, 2024 CITYOF A SANJOSE CA ~ITAL OF SI LICON VALLEY CITY COUNCIL MEETING Amended Agenda Tuesday, June 18, 2024 11:00 AM LOCATION: Council Chambers - 200 E. Santa Clara Street Interpretation is available in Spanish and …
HRDC Files Civil Rights Action on Behalf of Wrongly Convicted Florida Man Who Spent 45 Years in Prison by Sam Rutherford by Sam Rutherford   On April 17, 2024, the Human Rights Defense Center (“HRDC”), CLN’s non-profit publisher, and the civil rights law firm of Loevy and Loevy filed suit …
U.S. Sentencing Commission Votes Unanimously to Restrict Use of Acquitted Conduct at Sentencing by Sam Rutherford by Sam Rutherford   On April 17, 2024, the U.S. Sentencing Commission voted unanimously to limit consideration of conduct for which a person was acquitted in federal court from being used in calculating the …
Article • June 15, 2024 • from CLN June, 2024
Report Finds Inaccurate Field Drug Tests Major Cause of Wrongful Convictions by Matthew Clarke by Matthew T. Clarke   A report published in January 2024 by the Quattrone Center for the Fair Administration of Justice at the University of Pennsylvania’s Carey School of Law revealed that false positives in presumptive …
Article • June 15, 2024 • from CLN June, 2024
Junk Science Convicted an Innocent Sailor, DNA Exonerated Him Decades Later with the Help of the Innocence Project by Jo Ellen Nott by Jo Ellen Knott   Keith Harward, 67, was born in Greensboro, North Carolina, a state whose motto is “To be, rather than to seem.” Unfortunately for Harward, …
Colorado Supreme Court Announces Parole Board Not Statutorily Required to Consider ‘Demonstrated Maturity and Rehabilitation’ When Deciding Whether to Release Sex Offenders Who Received Adult Sentences for Crimes Committed as Juveniles by Sam Rutherford by Sam Rutherford   In a case of first impression, the Supreme Court of Colorado held …
Article • May 15, 2024 • from CLN May, 2024
Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts extended the holding of Diatchenko v. District Attorney for the Suffolk Dist., 1 N.E.3d 270 (Mass. 2013) (sentence of life without parole for first-degree murder …
New Data From BOP Reveals Technical Violations Account for Nearly a Third of First Step Act Recidivism by Jo Ellen Nott by Jo Ellen Nott The Council on Criminal Justice (“CCJ”) released a December 2023 update to its original report (August 2023) on the impact of the First Step Act …
Article • May 15, 2024 • from CLN May, 2024
Filed under: Habeas Corpus, AEDPA
Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell by We are writing to inform our readers about a serious error regarding the above-titled Column published in the February 2024 issue of Criminal Legal News. We are retracting the Column in its entirety. We sincerely apologize for …
Article • May 15, 2024 • from CLN May, 2024
Filed under: Habeas Corpus, AEDPA
The Death of the Savings Clause by Dale Chappell by Dale Chappell As most federal prisoners know, the so-called “Savings Clause” under 28 U.S.C. § 2255(e) is now dead in the wake of the ultra-conservative Supreme Court’s questionable decision in Jones v. Hendrix, 143 S. Ct. 1857 (2023). If you’re not …
Article • May 15, 2024 • from CLN May, 2024
Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that Maryland’s first-degree assault statute, Md. Code, Art. 27 § 12A -1, is indivisible, and a …
Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months by Sam Rutherford by Sam Rutherford TheSupreme Court of Washington held that the terms “community custody” and “community supervision” are synonymous within the meaning of the second sentence of RCW 9.94A.589(5) for offenses …
Article • May 15, 2024 • from CLN May, 2024
Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology by Matthew Clarke by Matt Clarke The National Institute of Justice and independent research consultant Dr. John Morgan collaborated “to analyze and describe the impact of forensic science on erroneous convictions that the National Registry …
Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Southern District of …
Brief • April 22, 2024
Filed under: Wrongful Conviction
Harris v. City of Chicago, IL, Complaint, Wrongful Conviction, 2024 Case: 1:24-cv-03215 Document #: 1 Filed: 04/22/24 Page 1 of 39 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION DARIEN HARRIS, Plaintiff, v. Case No. __________ CITY OF CHICAGO, Illinois, DEVINN JONES, …
Williams v. Ritchey, FL, Complaint, Wrongful Conviction, 2024 Case 3:24-cv-00367 Document 1 Filed 04/17/24 Page 1 of 40 PageID 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION Willie Williams, Plaintiff, No.24-cv-367 v. Charles David Ritchey, W. J. Mooneyham, J.R. Starling, the Estate of …
Williams v. Ritchey, FL, Complaint, Wrongful Conviction, 2024 Case 3:24-cv-00367 Document 1 Filed 04/17/24 Page 1 of 40 PageID 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION Willie Williams, Plaintiff, No.24-cv-367 v. Charles David Ritchey, W. J. Mooneyham, J.R. Starling, the Estate of …
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