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Article • June 15, 2023 • from CLN July, 2023
Filed under: Three Strikes, Credits
California Court of Appeal Reiterates ‘Three Strikes’ Law Does Not Limit ‘Presentence’ Custody Credits, Defendant Entitled to Credits Calculated Under Penal Code § 4019 by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, ruled that assault with a firearm is not a violent felony …
Article • June 15, 2023 • from CLN July, 2023
First Circuit: Plain Error Where District Court Based Upward Variant From Sentencing Guidelines Range on New Information Not Already in the Record at the Time of Sentencing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit found plain error where the U.S. District Court …
Article • June 15, 2023 • from CLN July, 2023
Fourth Circuit Holds Ineligibility for First Step Act Safety Valve Relief Requires Proof of All Three Listed Criminal History Characteristics Satisfied, Widening Circuit Split by David Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit held that the plain text of 18 U.S.C. § 3553(f)(1) …
Article • June 15, 2023 • from CLN July, 2023
Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand by David Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit held a federal defendant was denied the effective assistance of counsel by failing to object to his designation as a …
Article • June 15, 2023 • from CLN July, 2023
Minnesota Abolishes Life Without Parole for Juveniles by Jordan Arizmendi by Jordan Arizmendi On May 19, 2023, Minnesota Governor Walz (D) signed omnibus public safety bill – SF 209, which abolishes life imprisonment without parole for minors. Under the bill, juvenile life-without-parole sentences will be retroactively eliminated. In addition, all …
Brief • 2023
Filed under: Wrongful Conviction
Washington v. Boudreau, IL, Memo of Law, Wrongful Conviction, 2023 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION WAYNE WASHINGTON, ) ) Plaintiff, ) Case No. 16 CV 1893 ) v. ) Honorable John Kness ) Magistrate Judge Maria Valdez KENNETH BOUDREAU, et al., ) ) …
Article • May 20, 2023
After Spending Over 30 Years in Prison for a Murder Maryland Man Didn’t Commit, Judge Grants Petition for Writ of Actual Innocence by Miles Dyson by Miles Dyson Baltimore City Circuit Court Judge Charles Peters granted a petition for a writ of actual innocence, overturning the conviction of Anthony Hall, …
Article • May 15, 2023 • from CLN June, 2023
Op-Ed: Fix the First Step Act and Let Reformed Prisoners Out From Behind Bars – Time Credits and the Irrebuttable Presumption Doctrine by Christopher Cobb by Christopher D. Cobb I am a federal prisoner housed at theFederal Satellite Low located in Jesup (“Jesup”), Georgia, and a subscriber to both PLN …
Eleventh Circuit Announces Defendant Must Satisfy All Three Subsections of § 3553(f)(1) to Be Ineligible for Safety Valve by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit, sitting en banc, held that a defendant must satisfy all three subsections of the First Step Act, …
Tennessee Supreme Court Announces State Statute Automatically Sentencing Juvenile Offenders Convicted of First-Degree Murder to Life in Prison Is Unconstitutional by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Tennessee followed the U.S. Supreme Court’s guidance for proportionality analysis when sentencing juvenile offenders …
Article • May 12, 2023
5 Facts About DNA and Wrongful Convictions by Miles Dyson by Miles Dyson In the pursuit of justice, the role of DNA evidence in criminal cases cannot be overstated. Over the years, groundbreaking advancements in DNA technology have revolutionized the criminal justice system, shedding light on cases plagued by wrongful …
Article • May 9, 2023
A Quarter-Century of Injustice Ends: Norberto Peets Exonerated in the Bronx by After enduring 26 years of wrongful incarceration, Norberto Peets has finally been exonerated, shedding light on the profound failures within the criminal justice system. Peets’ case stands as a stark reminder of the injustices that can occur when …
Article • May 6, 2023
Raising Doubts and Wrongful Convictions: The Troubling Legacy of Bite Mark Analysis in the Legal System by The use of bite mark analysis as evidence in courtrooms has left a lasting imprint on the criminal justice system, but its credibility and scientific validity are now subject to growing skepticism. As …
Article • April 15, 2023 • from CLN May, 2023
Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners by Dale Chappell by Dale Chappell If you’re filing for post-convictionrelief under 28 U.S.C. § 2255, getting the court to grant an evidentiary hearing is a big step toward getting that relief. Successful § 2255 motions are often based on claims …
Article • April 15, 2023 • from CLN May, 2023
California Supreme Court Announces Government’s Continuing Brady Obligations and Ethical Duty of Disclosure During Habeas Proceedings Regarding Alleged Exculpatory Evidence Available at Time of Trial but Suppressed by Richard Resch by Richard Resch In a case of first impression, the Supreme Court of California announced the constitutional, ethical, and habeas …
Article • April 15, 2023 • from CLN May, 2023
First Circuit Vacates Sentence Containing 20-Year Upward Variance Because District Court Failed to Provide Case-Specific Factors or Rationale for Such a Large Variance by Richard Resch by Richard Resch The U.S. Court of Appeals for the First Circuit vacated Jadnel Flores-Nater’s 30-year prison sentence containing a 20-year upward variance because …
Article • April 15, 2023 • from CLN May, 2023
Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit ruled that when deciding a motion for a sentence reduction under § 404 …
Article • April 15, 2023 • from CLN May, 2023
Ohio Supreme Court Clarifies Meaning of ‘Outcome Determinative’ in Context of Motion for Postconviction DNA Testing by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio clarified the meaning of “outcome determinative” in the context of a motion filed pursuant to R.C. 2953.73, seeking postconviction DNA testing. Guy Billy …
Article • March 15, 2023 • from CLN April, 2023
After Years of Hard Work and Dedication, Adnan Syed Is Freed by Serendipity by Jayson Hawkins by Jayson Hawkins There are thousands of people incarcerated in America who are factually innocent. Until September of 2022, Adnan Syed was one of them. And, while we celebrate his freedom after it was …
Time to Find the Key by Jayson Hawkins by Jayson Hawkins “Lock’em up and throw away the key” has long been the rallying cry of the tough-on-crime crowd. While this approach may have an intuitive appeal to a public frightened by stories about crime in the media, a series of …
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