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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 …
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 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”), …
Article • April 15, 2024 • from CLN April, 2024
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 …
Article • April 15, 2024 • from CLN April, 2024
‘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 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 by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit made the rare decision to order an evidentiary …
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