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Texas Court of Criminal Appeals: Under State Felon in Possession of Firearm Statute, Possessing Multiple Firearms Simultaneously Constitutes One Offense, Not Multiple by Douglas Ankney by Douglas Ankney The Court of Criminal Appeals of Texas held that possession of a firearm by a convicted felon is a “circumstances offense;” consequently, …
Fifth Circuit Announces Louisiana Aggravated Assault With Firearm Still Not ‘Crime of Violence’ After 2012 Amendment for Purposes of Sentencing Guidelines by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Fifth Circuit held that a prior conviction for aggravated assault with a firearm under Louisiana state …
Seventh Circuit: Sentencing Court’s ‘Inoculating Statement’ Regarding Potential Guidelines Miscalculation Failed to Satisfy Conditions of Abbas by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit remanded to the U.S. District Court for the Central District of Illinois for resentencing where that court’s inoculating statement …
Article • November 15, 2022 • from CLN December, 2022
Federal Habeas Corpus: Role of the Magistrate Judge by Dale Chappell by Dale Chappell District court judges in the federal courts have always had judicial assistants, in addition to law clerks, helping with their caseloads. Long before magistrate judges became what they are today, they were called “commissioners,” who were …
Article • November 15, 2022 • from CLN December, 2022
Michigan Supreme Court Announces Forfeited Structural Error Automatically Satisfies Third Prong of Plain Error Standard Without a Showing of Prejudice by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan announced that a forfeited structural error automatically satisfies the third prong of the plain error standard without a showing …
Article • November 15, 2022 • from CLN December, 2022
DOJ: Unlawful Snitching Program Run by the Orange County, California, DA’s Office and Sheriff’s Department Compromised Unknown Number of Convictions by Jo Ellen Nott by Jo Ellen Nott The U.S. Department of Justice (“DOJ”) issued a bombshell report on October 13, 2022, revealing that the Orange County District Attorney’s Office …
Fourth Circuit: Coram Nobis Appropriate Remedy to Achieve Justice Where Petitioner Actually Innocent but Completed Sentence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that coram nobis relief is the appropriate remedy to achieve justice where the petitioner had completed service of …
Article • November 15, 2022 • from CLN December, 2022
Seventh Circuit Announces Adoption of Uniform Procedure to Be Followed Where Plea Agreement Includes an ‘Appeal Waiver’ and Defendant Files Notice of Appeal by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit clarified its uniform procedure for disposition of cases in which a plea …
Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher Charge by Jacob Barrett by Jacob Barrett In a case of first impression, the Supreme Court of Louisiana held double jeopardy bars the reinstatement and …
Article • November 15, 2022 • from CLN December, 2022
First Circuit Announces Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law in Determining Whether ‘Extraordinary and Compelling’ Reason Exists for Compassionate Release in Prisoner-Initiated Motion by Jacob Barrett by Jacob Barrett In a case of first impression in the circuit, the U.S. Court of Appeals for the …
Article • November 15, 2022 • from CLN December, 2022
Wyoming Supreme Court: Preventing Door From Slamming in Face of Police Officer Does Not Constitute Implied Consent to Enter Home Without a Warrant by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Wyoming held that the district court erred in ruling an …
Article • November 15, 2022 • from CLN December, 2022
Washington Supreme Court Announces Race and Ethnicity Are Relevant Factors in Analysis of Whether Someone Has Been ‘Seized’ by Jacob Barrett by Jacob Barrett In a case of first impression in Washington, the Supreme Court of Washington clarified its seizure analysis by expressly holding that race and ethnicity are relevant …
Article • November 15, 2022 • from CLN December, 2022
Ninth Circuit Clarifies Framework for Applying Minor-Role Adjustment in U.S. Sentencing Guideline § 3B1.2(b) by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit clarified the framework for application of the minor-role adjustment of U.S. Sentencing Guideline (“U.S.S.G.”) § 3B1.2(b). A man identified as “Gordo” …
Article • November 15, 2022 • from CLN December, 2022
Pennsylvania Supreme Court Announces Challenge to Presumptively Vindictive Sentence Constitutes ‘Legality Challenge’ and Thus Cognizable Under PCRA by Harold Hempstead by Harold Hempstead The Supreme Court of Pennsylvania held that a vindictive sentencing claim pursuant to North Carolina v. Pearce, 395 U.S. 711 (1969), meets the definition of a legality …
Article • November 15, 2022 • from CLN December, 2022
Filed under: News in Brief
News in Brief by Alabama: Court documents revealed the week of Oct. 3, 2022, show that a former Brookside police chief, Mike Jones, was indicted by a grand jury for speeding and impersonating an officer. AL.com reported that Jones had resigned from his post as the town’s Chief of Police …
Article • November 15, 2022 • from CLN December, 2022
New FBI Tip Line: Further Incentive to Abuse Civil Asset Forfeiture by Casey Bastian by Casey J. Bastian A recent ad campaign in Charlotte, North Carolina, asks viewers to “Shine a light on drug trafficking.” A new tip line was introduced, purportedly intended to help agents intercept massive drug shipments …
Article • November 15, 2022 • from CLN December, 2022
Prosecutorial Misconduct Cause of More Than 550 Death Penalty Reversals and Exonerations by Jacob Barrett by Jacob Barrett A study by the Death Penalty Information Center (“DPIC”) found more than 550 death penalty reversals and exonerations were the result of extensive prosecutorial misconduct. DPIC reviewed and identified cases since the …
Article • November 15, 2022 • from CLN December, 2022
The Sixth Amendment Right to Assistance of Legal Counsel: An Examination of Federal Justice System Outcomes by Casey Bastian by Casey J. Bastian Among an individual’s rights enshrined in the U.S Constitution is their Sixth Amendment right to assistance of legal counsel. The principle ensures an accused person in America …
Article • November 15, 2022 • from CLN December, 2022
Drone Company Is Establishing Cozy Relationship With Police by Anthony Accurso by Anthony W. Accurso The revolving door between government agencies and private corporations has been well documented in industries like healthcare, defense, and fossil fuels, along with the democracy-eroding effects of such relationships. A worrying new trend shows surveillance …
Article • November 15, 2022 • from CLN December, 2022
The Insidious Nexus Between Law Enforcement Budget Increases and Misdemeanor Policing by Casey Bastian by Casey J. Bastian The murder of George Floyd in 2020 resulted in massive Black Lives Matter protests and vigorous calls to defund the police. Politicians across the country seemed to respond to those demands. Budgets …
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