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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 …
Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding
Article • November 1, 2023 • from CLN November, 2023
Filed under: U.S. Sentencing Guidelines, Appealable Issues/Orders, Certificate of Appealability
Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding by Douglas Ankney by Douglas Ankney In a case of first impression in the Circuit, the U.S. Court of Appeals for the Third Circuit held that a federal prisoner appealing a District …
Estate of Lavell R. Jones v. State of New York, NY, Decision, Unjust Conviction and Imprisonment, 2023
Brief • October 27, 2023
Filed under: Wrongful Imprisonment
Estate of Lavell R. Jones v. State of New York, NY, Decision, Unjust Conviction and Imprisonment, 2023 FILED STATE OF NEW YORK COURT OF CLAIMS ESTATE OF LAVELL R. JONES, SAKINA M. MITCHELL AND TADRE R. JONES AS CO-ADMINISTRATORS, OCT 2 7 2023 STATE COURT OF CLAIMS ALBANY, N.Y. Claimant, …
Royer v. City of Elkhart, IN, Complaint, Wrongful Conviction, 2023
Brief • October 13, 2023
Filed under: Wrongful Conviction
Royer v. City of Elkhart, IN, Complaint, Wrongful Conviction, 2023 USDC IN/ND case 3:22-cv-00254-HAB-MGG document 173-1 filed 10/13/23 page 1 of 65 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA, SOUTH BEND DIVISION ANDREW ROYER, Plaintiff, v. CITY OF ELKHART, CARLTON CONWAY, MARK DAGGY, PAUL CONVERSE, …
Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’
Article • October 1, 2023 • from CLN October, 2023
Filed under: Magistrates, Habeas Corpus, De Novo Resentencing
Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit reversed a District Court’s dismissal of Larone F. Elijah’s …
Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review
Article • October 1, 2023 • from CLN October, 2023
Filed under: First Step Act, Procedural Default/Error, Resentencing
Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit vacated the U.S. District Court for the Eastern District of …
Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review
Article • October 1, 2023 • from CLN October, 2023
Filed under: U.S. Sentencing Guidelines, Appealable Issues/Orders
Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that Kansas law permits a defendant to file a motion to correct an illegal sentence in appellate court on …
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