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Article • October 1, 2023 • from CLN October, 2023
Ninth Circuit Announces District Courts Have Discretion to Consider Non-­Retroactive Changes in Post-­Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit joined the First, Second, and Fourth Circuits in holding that when …
Brief • September 20, 2023
Filed under: Wrongful Conviction
Smith v. Office of Atty General, MD, Settlement, Wrongful Conviction, 2023 BOARD OF PUBLIC WORKS REVISED at the meeting SECRETARY'S ACTION AGENDA September 20, 2023 Contact: Janee Fountain 410-576-6971 jfountain@oag.state.md.us 12. THE BOARD OF PUBLIC WORKS Appellate Court ofMaryland Compensation to Erroneously Confined Individual Mr. Demetrius Smith Recommendation: The Office …
Brief • September 7, 2023
Filed under: Wrongful Conviction
Hardin v. City of Louisville, KY, Settlement, Wrongful Conviction, 2023 RELEASEANDSETTLEMENTAGREEMENT This Release and Settlement Agreement is made and entered into this _ _ _ day of September 2023, by and between the Parties as defined below. DEFINITIONS For the purposes of this Release and Settlement Agreement ("Settlement Agreement"): (I) …
Article • September 1, 2023 • from CLN September, 2023
Collaborative Project Between Innocence Project and National Registry of Exonerations Produces Interim Report Reconciling Data Coding Discrepancies by Casey Bastian by Casey J. Bastian The Innocence Project (“IP”) and the National Registry of Exonerations (“NRE”) each keep track of and list wrongful convictions. Each also works to identify the causes …
Article • September 1, 2023 • from CLN September, 2023
Massachusetts Supreme Judicial Court Casts Nearly 30,000 DUI Convictions in Doubt Due to ‘Egregious Government Misconduct’ by Jordan Arizmendi by Jordan Arizmendi The Supreme Judicial Court of ­Massachusetts upheld a ruling concluding that between 2011 and 2019, breathalyzers used by the government were improperly calibrated and maintained. Commonwealth v. Hallinan, …
Article • September 1, 2023 • from CLN September, 2023
New Study Proposes Biological Reasons May Cause Sudden Infant Death Syndrome by Jordan Arizmendi by Jordan Arizmendi Few events are more horrific than sudden infant death syndrome (“SIDS”). A boisterous and healthy baby, before their first birthday, goes to sleep in their crib and is found dead the next day. …
Supreme Court of California: After Amendments to Three Strikes Law, Courts Retain Concurrent Sentencing Discretion for Qualifying Offenses Committed on Same Occasion or Arising From Same Operative Facts by Douglas Ankney by Douglas Ankney The Supreme Court of California held that after amendments to the Three Strikes law, trial courts …
Brief • August 3, 2023
Filed under: Wrongful Conviction
Jimenez v. Lumpkin, TX, Order to Dismiss, Wrongful Conviction, 2023 Case 1:12-cv-00373-RP Document 116 Filed 08/03/23 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION ROSA ESTELLA OLVERA JIMENEZ, PETITIONER, V. Case No. A-12-CV-373-RP BOBBY LUMPKIN, RESPONDENT. __________________________________________ ORDER In 2016, …
Brief • August 2, 2023
Filed under: Wrongful Conviction
Jimenez v. City of New York, NY, Complaint, Wrongful Conviction, 2023 Case 1:23-cv-06751-NRB Document 1 Filed 08/02/23 Page 1 of 29 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------X RICARDO JIMENEZ, Docket No. COMPLAINT Plaintiff, -againstCITY OF NEW YORK, WENDELL STRADFORD, MICHAEL SERRANO, CHRISTOPHER HORN, and BRONX COUNTY …
Article • August 1, 2023 • from CLN August, 2023
Seventh Circuit: Postconviction Relief Petition Still Pending in Illinois Court 20 Years After Filing Entitles Petitioner to Seek Federal Habeas Relief Without First Exhausting State Remedies by Richard Resch by Richard Resch The U.S. Court of Appeals for the Seventh Circuit held that because petitioner’s Illinois postconviction relief petition had …
Article • August 1, 2023 • from CLN August, 2023
Filed under: Wrongful Conviction
Record High Exonerations in 2022 by Jordan Arizmendi by Jordan Arizmendi The most exonerations in one year occurred in 2022. According to the Nation Registry of Exonerations’ 2022 Annual Report, the 233 people exonerated in 2022 lost an average of 9.6 years of their life as a result of their …
Brief • August 1, 2023
Filed under: Wrongful Conviction
Jimenez v. Lumpkin, TX, Mandate, Wrongful Conviction, 2023 Case: 19-51083 Document: 233-1 Page: 1 Date Filed: 08/01/2023 United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK LYLE W. CAYCE CLERK TEL. 504-310-7700 600 S. MAESTRI PLACE, Suite 115 NEW ORLEANS, LA 70130 August 01, 2023 Mr. Philip Devlin …
Fourth Circuit Declines to Enforce Appeal Waiver and Procedural Default Excused by ‘Cause and Actual Prejudice,’ Reverses Denial of § 2255 Motion to Vacate § 924(c) Conviction Based on Hobbs Act Conspiracy by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit declined to enforce …
Ninth Circuit: Government’s Inflammatory Arguments in Sentencing Memorandum and at Sentencing Hearing Implicitly Breached Plea Agreement Promise Not to Recommend Sentence in Excess of Low-End Guidelines Range by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit ruled that the Government’s inflammatory arguments in its …
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., ) ) …
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