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Article • November 15, 2021 • from CLN December, 2021
When Life Is No Better Than Death by Jayson Hawkins by Jayson Hawkins Capital punishment has been a part of the American experience from the earliest times. Virginia executed a colonist in the seventeenth century, and since then, nearly every method of execution, from hanging to lethal injection, has found …
Article • October 15, 2021 • from CLN November, 2021
Georgia Supreme Court Announces Merger Error Claims During Sentencing May Be Raised for First Time in Habeas Petition by Anthony Accurso by Anthony W. Accurso THe Supreme Court of Georgia held that claims of merger error during sentencing may be raised for the first time in a properly filed habeas …
Article • October 15, 2021 • from CLN November, 2021
Ohio, Now 24th State to End LWOP for Juveniles by Michael Fortino, Ph.D by Michael Fortino, Ph.D. In a long-awaited state enactment, Ohio Governor, Mike Dewine, signed into law, SB 256 which, among other provisions, bans sentences for life without parole (“LWOP”) and retroactively alters parole eligibility for minors sentenced …
Article • September 15, 2021 • from CLN October, 2021
Federal Judge: ‘Offense of Conviction’ Under Guidelines Excludes Relevant Conduct for Sentencing by Dale Chappell by Dale Chappell In a case where a defendant admitted to selling drugs that previously led to an overdose-death but was only convicted of selling drugs that did not result in a death, the U.S. …
Fourth Circuit: Sentence Vacated for Failure to Properly Analyze Leadership Role Factors by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Western District of Virginia committed a procedural error where it applied a leadership role enhancement …
Article • September 15, 2021 • from CLN October, 2021
Fourth Circuit: District Court Must Recalculate Guidelines Sentencing Range and Conduct Analysis of § 3553(a) Factors Even if Same Sentence Would Be Imposed Under First Step Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the …
Article • August 16, 2021
First Step Act Knocks Corrupt Baltimore Officers' Sentences from 454 Years to 20 by Dale Chappell by Dale Chappell Two former Baltimore police officers sentenced to a combined 454 years in federal prison had their sentences reduced to just 20 years each in May after their sentencing judge agreed that …
Article • August 15, 2021 • from CLN September, 2021
Sixth Circuit: District Court May Consider Disparity of Defendant’s Actual Sentence Compared With Sentence Under First Step Act When Additional Factors Present by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that, in making an individualized determination about whether extraordinary and compelling reasons …
Article • August 15, 2021 • from CLN September, 2021
California Court of Appeal Reverses Felony-Murder Conviction Where Sentencing Occurred After SB 1437 Enacted by Matthew Clarke by Matt Clarke The Court of Appeal of California, Second Appellate District, Division Eight, held that a felony-murder conviction was invalid when guilt was determined prior to the enactment of Senate Bill 1437 …
Article • August 15, 2021 • from CLN September, 2021
Prosecutors Call for Humane Sentencing Measures by Kevin Bliss by Kevin Bliss Sixty-four current and former prosecutors, attorneys, law enforcement officers, and other judicial leaders from 26 states and the District of Columbia signed a group statement titled “Joint Statement on Sentencing Second Chances and Addressing Past Extreme Sentences” in …
Article • August 15, 2021 • from CLN September, 2021
Two T-shirts Cost Louisiana Man 20 Years by Edward Lyon by Ed Lyon Guy Frank first became involved with Louisiana’s criminal justice system in 1975 at age 22. Over the next quarter century, Frank would be arrested 36 times and would be convicted several times for theft and possession of …
Article • July 15, 2021 • from CLN August, 2021
Fourth Circuit: Appeal Waiver Does Not Bar Challenge to Special Conditions Not Orally Pronounced in Open Court by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held that a challenge to non-mandatory conditions of supervised release that were not orally pronounced in open court …
Article • May 15, 2021 • from CLN June, 2021
Sixth Circuit Follows Trend of Reigning in Commentary’s Impermissible Expansion of Sentencing Guidelines by Douglas Ankney by Douglas Ankney A decision of the U.S. Court of Appeals for the Sixth Circuit followed a trend among the federal circuits in declaring it impermissible for the commentary to the U.S. Sentencing Guidelines …
Article • March 15, 2021 • from CLN April, 2021
Hundreds Serving Life Due to Less Than Unanimous Jury Verdicts by Edward Lyon by Ed Lyon After the U.S. Civil War and followingthe 13th and 14th Amendments to the Constitution that banned slavery, laws designed to disadvantage Black people were passed throughout former Rebel states. Those legislative acts became known …
Massachusetts Supreme Court Announces ‘Habitual Offender’ Statute Allows for Sentence of Probation Only by Dale Chappell by Dale Chappell Because the law ambiguously provides that a court must impose the “maximum term” for a prison sentence for someone convicted as a “habitual criminal,” the Massachusetts Supreme Judicial Court, applying the …
Article • February 16, 2021
Session’s Directive to Seek Harshest Sentencing Rescinded by by Kevin Bliss Acting Attorney General Monty Wilkinson recently issued a memo to the Department of Justice (DOJ) rescinding a Trump-era policy of seeking the highest charges and the longest sentence possible for offenders in all criminal cases. In 2013, Former Attorney …
Article • February 15, 2021 • from CLN March, 2021
Ohio Supreme Court: Jury Must Find Use of Force, Not Sentencing Court, for Mandatory Minimum Sentences by Anthony Accurso by Anthony Accurso The Supreme Court of Ohio held that a determination as to whether a defendant used force in the commission of the offense – a finding which raises the …
Article • February 15, 2021 • from CLN March, 2021
Second Circuit Clarifies What Constitutes ‘Possession of a Dangerous Weapon’ and ‘Physical Restraint’ Under the Guidelines by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit held that merely gesturing with a hand that a defendant possessed a gun during a robbery and ordering bystanders …
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 …
Article • January 15, 2021 • from CLN February, 2021
Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute by Douglas Ankney by Douglas Ankney The Supreme Court of Illinois ruled that the predicate offenses of the home invasion statute, 720 ILCS 5/12-11 et seq., are lesser-included offenses of that statute. A …
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