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Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners
Article • April 15, 2024 • from CLN April, 2024
Filed under: Resources, Habeas Corpus, AEDPA
Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners by Dale Chappell by Dale Chappell In the name of finality, federal courts are reluctant to undo criminal judgments of the state courts—especially repeated attempts by petitioners to do so under federal habeas corpus. When the Antiterrorism and Effective …
Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis
Article • April 15, 2024 • from CLN April, 2024
Filed under: Sex Offender Registration, U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Military
Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Eighth Circuit announced that the categorical approach applies to the tier analysis of the Sex Offender Registration and Notification Act (“SORNA”), …
Time Served Under the First Step Act: Reduction, Not Revolution
Article • April 15, 2024 • from CLN April, 2024
Filed under: Statistics/Trends, First Step Act
Time Served Under the First Step Act: Reduction, Not Revolution by Jo Ellen Nott by Jo Ellen Knott The First Step Act (“FSA”), a 2018 law designed to curb recidivism among formerly incarcerated individuals on the federal level, is showing modest but positive results in reducing the amount of time …
‘Blatant Miscarriage of Justice’: Oklahoma Man Exonerated of Wrongful Conviction After 35 Years Despite Former Prosecutor’s Attempt to Perpetuate Injustice
Article • April 15, 2024 • from CLN April, 2024
Filed under: Wrongful Conviction, Prosecutorial Misconduct
‘Blatant Miscarriage of Justice’: Oklahoma Man Exonerated of Wrongful Conviction After 35 Years Despite Former Prosecutor’s Attempt to Perpetuate Injustice by Douglas Ankney by Douglas Ankney Perry Lott was exonerated in Ada, Oklahoma, of a 1987 rape and burglary conviction after 35 years—30 of which Lott spent in prison—in spite …
Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period
Article • March 15, 2024 • from CLN March, 2024
Filed under: Habeas Corpus, Involuntary Treatment/Drugging, Civil Commitment, Tolling of Statutes of Limitations and Laches
Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period by David Reutter by David M. Reutter The Supreme Court of Oregon held that a petitioner’s mental impairments are relevant to whether the escape clause in the statute of limitations applies …
Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel
Article • March 15, 2024 • from CLN March, 2024
Filed under: Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise
Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit made the rare decision to order an evidentiary …
Lung Float Test: Junk Science Used to Convict Women of Murder
Article • March 15, 2024 • from CLN March, 2024
Filed under: junk science, Wrongful Conviction
Lung Float Test: Junk Science Used to Convict Women of Murder by David Reutter by David M. Reutter When a woman has a child while alone that does not survive, authorities may wonder if the child was stillborn or murdered by the mother. Many medical examiners attempt to answer that …
Preliminary Analysis of Recidivism Data After Three Years Under First Step Act Is Promising but Inconclusive
Article • March 15, 2024 • from CLN March, 2024
Filed under: First Step Act
Preliminary Analysis of Recidivism Data After Three Years Under First Step Act Is Promising but Inconclusive by Jo Ellen Nott by Jo Ellen Nott The First Step Act (“FSA”) is a bipartisan criminal justice bill passed in 2018 to reform federal prisons and sentencing laws to reduce reoffending, decrease the …
Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior ...
Article • February 15, 2024 • from CLN February, 2024
Filed under: U.S. Sentencing Guidelines, Applicable Guidelines Issues, Sentencing Hearing, Right to be Present, Conditions of, Remands/Rehearings/Resentencings
Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that U.S. …
The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents
Article • February 15, 2024 • from CLN February, 2024
Filed under: Commentary/Reviews, Wrongful Conviction, Confessions - Admissibility, Impeachment Evidence/Purposes, Miranda, Interrogation, In Custody, Confessions and Statements of Defendant, Voluntary Nature/Voluntariness
The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents by David Reutter by David M. Reutter False confessions are a problem as old as policing. The Supreme Court of the United States (“SCOTUS”) promulgated rules in 1966 with its holding in Miranda v. Arizona, 384 U.S. …
The Problem with Some Non-Carceral Punishments
Article • February 15, 2024 • from CLN February, 2024
Filed under: Commentary/Reviews, Crime/Demographics, Alternative Sentencing, Probation, Parole & Supervised Release, Conditions of
The Problem with Some Non-Carceral Punishments by Carlo Difundo by Carlos Difundo By 2007, the incarceration rate in the U.S. had skyrocketed to about 767 per 100,000 people. That statistic leads the free world and compares unfavorably with Russia’s 450 to 600 per 100,000 people. Many people see the problem …
Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated
Article • February 15, 2024 • from CLN February, 2024
Filed under: U.S. Sentencing Guidelines, Resentencing, Revocation/Modification of Probation, etc., Revocation Proceedings
Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Fifth Circuit held that a defendant’s revocation sentences were nullified after the underlying sentence of which they were a part was …
Federal Sentencing Guidelines Undergo Substantial Amendments
Article • January 15, 2024 • from CLN January, 2024
Filed under: U.S. Sentencing Guidelines, First Step Act, Violence Against Women Act, Criminal History, Qualifying Offenses, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation, Sexual Exploitation of Minors, Federally Protected Rights, Sexual Conduct with Minors, Sentences - Authorized, Safety Valve, Acceptance of Responsibility, Preservation of Judicial Resources, Legal or Factual Challenges - assertion of
Federal Sentencing Guidelines Undergo Substantial Amendments by David Reutter by David M. Reutter The United States Sentencing Commission (“Commission”) adopted nine amendments to the Federal Sentencing Guidelines (“Guidelines”) that became effective on November 1, 2023. It’s the first action by the Commission since it lost a quorum in early 2019. …
Jesse Johnson: 194th Person Exonerated While on Death Row
Article • January 15, 2024 • from CLN January, 2024
Filed under: Wrongful Conviction, Racial Profiling, Failure to Consult/Investigate/Raise
Jesse Johnson: 194th Person Exonerated While on Death Row by Jordan Arizmendi by Jordan Arizmendi Twenty-five years after Jesse Johnson, 62, was wrongfully convicted and sentenced to death, in September, he became the 194th person to be exonerated while on Death Row. In 1998, Harriet Thompson was stabbed to death …
Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes
Article • December 15, 2023 • from CLN December, 2023
Filed under: U.S. Sentencing Guidelines, Three Strikes, Career Offenders, Three Strikes Statutes/Rule, Recidivist Enhancements
Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit held that because a conviction under Pennsylvania’s first-degree aggravated assault statute, 18 Pa. Cons. …
Fourth Circuit: Disparate Sentence of 30 Years for Two § 924(c) Convictions Constitutes ‘Extraordinary and Compelling Reason’ for Early Release and § 3553(a) Sentencing Factors ‘Overwhelmingly’ Favor ...
Article • December 15, 2023 • from CLN December, 2023
Filed under: COVID-19, First Step Act, Compassionate Release
Fourth Circuit: Disparate Sentence of 30 Years for Two § 924(c) Convictions Constitutes ‘Extraordinary and Compelling Reason’ for Early Release and § 3553(a) Sentencing Factors ‘Overwhelmingly’ Favor Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that Kelvin Brown’s disparate sentence …
Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing
Article • December 15, 2023 • from CLN December, 2023
Filed under: U.S. Sentencing Guidelines, Fair Sentencing Act of 2010, Sentencing Findings, Miscalculation of the Guidelines Sentencing Range
Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit held a District Court commits “procedural error by failing to appreciate the scope …
New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors
Article • December 15, 2023 • from CLN December, 2023
Filed under: Parole, Three Strikes, Juvenile Offenses/Offenders, Sentences - Corrections or Modifications of
New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors by Anthony Accurso by Anthony W. Accurso New Mexico Governor Michelle Lujan Gresham signed SB64, the No Life Sentences for Juveniles Act, into law on March 17, 2023, ending life without parole (“LWOP”) sentencing for offenders …
10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm
Article • November 1, 2023 • from CLN November, 2023
Filed under: U.S. Sentencing Guidelines, Felon in Possession Statute, Stipulations
10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s sentence where the U.S. District Court for the District of Colorado improperly applied a Guidelines …
Fourth Circuit Vacates Denial of First Step Act Relief Where Record Unclear Whether District Court Considered All Nonfrivolous Arguments Raised by Defendant
Article • November 1, 2023 • from CLN November, 2023
Filed under: First Step Act, Policy Considerations, Reduction of Sentence
Fourth Circuit Vacates Denial of First Step Act Relief Where Record Unclear Whether District Court Considered All Nonfrivolous Arguments Raised by Defendant by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit vacated the denial of a motion seeking a sentence reduction under § 404(b) of …
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