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Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation

Article • January 15, 2021 • from CLN February, 2021

Filed under: U.S. Sentencing Guidelines

Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit vacated a nearly 20-year sentence after the U.S. District Court for the Western District of Texas cited what the Government …

Carillo v. Buendia, TX, Settlement, Wrongful Death, 2021

Brief • January 12, 2021

Filed under: Wrongful Death

Carillo v. Buendia, TX, Settlement, Wrongful Death, 2021 Pagel of 5 H_ECEIVEO r.ou~ TYRitLEASE. WAIVER AND SETTLEMENT AGREEMENT TTJs JJo~Ji¾ierltcls!Ws48rth the terms and conditions of the Release, WaiVer and Settlement Agreement ("Agreement") between Releaser and Released Parties as herein defined. WHl:REAS "Releasor" means Armando Carrillo, Individually and as Representative of …

Fifth Circuit: Special Conditions of Supervised Release That Barred Use of Internet, Computers, and Electronic Devices for 10 Years Not Substantively Reasonable

Article • December 15, 2020 • from CLN January, 2021

Filed under: Conditions of, Unreasonable Conditions, Computer Use/Internet Access

Fifth Circuit: Special Conditions of Supervised Release That Barred Use of Internet, Computers, and Electronic Devices for 10 Years Not Substantively Reasonable by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the special conditions of supervised release imposed by the U.S. District …

Texas Police S.W.A.T. Woman Over Anti-Cop Bumper Stickers

Article • December 15, 2020 • from CLN January, 2021

Filed under: Protests, False Arrest, Excessive Force (Police), Police State-Surveillance

Texas Police S.W.A.T. Woman Over Anti-Cop Bumper Stickers by Edward Lyon by Ed Lyon Lauren Mestas of Austin, Texas, is an avid supporter of social justice and equality. She attended Black Lives Matter protests in Austin and was an eyewitness to the shooting of AK-47-toting Garrett Foster at the intersection …

Fourth and Fifth Circuits Reopen Decades-Old Cases for Habeas Relief Due to Brady Violations

Article • November 15, 2020 • from CLN December, 2020

Filed under: Habeas Corpus, Brady Violations

Fourth and Fifth Circuits Reopen Decades-Old Cases for Habeas Relief Due to Brady Violations by Dale Chappell by Dale Chappell Within weeks, the U.S. Courts of Appeals for the Fourth and Fifth Circuits opened the doors on two decades-old cases, allowing the possibility for habeas corpus relief based on withheld …

Fifth Circuit: Safety Valve Isn’t Up to the Government

Article • November 15, 2020 • from CLN December, 2020

Filed under: Safety Valve

Fifth Circuit: Safety Valve Isn’t Up to the Government by Dale Chappell   by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit held on August 21, 2020, that it’s not up to the Government to determine whether a defendant qualifies for a reduced sentence under the safety …

News in Brief

Article • October 15, 2020 • from CLN November, 2020

Filed under: News in Brief

News in Brief by Alaska: Police here can fly over property but they “cannot use cameras and drones for aerial searches of property without a warrant,” the Alaska Court of Appeals ruled. “The ruling stems from a 2012 case in which Alaska State Troopers received a tip about marijuana being …

SCOTUS: Counsel’s Failure to Uncover and Present Evidence in Mitigation at Capital Sentencing Requires Remand for Prejudice Determination

Article • August 15, 2020 • from CLN September, 2020

Filed under: Per se ineffectiveness

SCOTUS: Counsel’s Failure to Uncover and Present Evidence in Mitigation at Capital Sentencing Requires Remand for Prejudice Determination by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) remanded Terence Tramaine Andrus’ case to the Texas Court of Criminal Appeals (“TCCA”), directing the TCCA “to address …

News in Brief

Article • August 15, 2020 • from CLN September, 2020

Filed under: News in Brief

News in Brief by Arizona: Mariah Valenzuela has filed legal notices against the city of Phoenix and Maricopa County over Phoenix police officer Michael McGillis’ use of force during a January 16, 2020 traffic stop, abc15.com reports. The officer, driving a white van, stopped Valenzuela for allegedly veering across the …

Six eyewitnesses misidentified a murderer – here’s what went wrong in the lineup

Article • August 15, 2020 • from CLN September, 2020

Filed under: Racial Discrimination, Lineups

Six eyewitnesses misidentified a murderer – here’s what went wrong in the lineup by Laura Smalarz by Laura Smalarz, Assistant Professor of Psychology, Arizona State University, The Conversation, July 4, 2020 Link to Article Below: https://theconversation.com/six-eyewitnesses-misidentified-a-murderer-heres-what-went-wrong-in-the-lineup-134767 On the strength of six eyewitnesses’ lineup identifications, Lydell Grant was sentenced to life in …

Report: Attorney Appointment a ‘Pay For Play’ Arrangement in Texas County

Article • August 15, 2020 • from CLN September, 2020

Filed under: Bribery/Extortion/Theft, Abuse of Position of Trust

Report: Attorney Appointment a ‘Pay For Play’ Arrangement in Texas County by Kevin Bliss by Kevin Bliss Georgetown Law professor Neel Sukhatme and Texas Criminal Justice Coalition lawyer Jay Jenkins conducted a study of judges and their assignment of legal representation to indigent defendants in Harris County, Texas. They found …

U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal

Article • July 15, 2020 • from CLN August, 2020

Filed under: Appeals, Ineffective Assistance of Counsel

U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal by Dale Chappell by Dale Chappell In an unusual move, the U.S. District Court for the Northern District of Texas rejected the typical remedy under 28 U.S.C. § 2255 and instead opted to grant a “judicial …

Never Convicted but Never Exonerated, Either

Article • July 15, 2020 • from CLN August, 2020

Filed under: Wrongful Conviction

Never Convicted but Never Exonerated, Either by Edward Lyon by Ed Lyon Issues facing exonerees and wrongfully convicted individuals have been recurring topics in CLN and PLN. Still, there’s another category of arguably similarly situated citizens that must also be paid some attention: Those who were wrongfully accused of crimes …

News in Brief

Article • July 15, 2020 • from CLN August, 2020

Filed under: News in Brief

News in Brief by California: A series of racist and anti-Muslim posts on social media allegedly has ties to a private group of active and retired San Jose Police officers calling themselves 10-7ODSJ, a reference to the police code for “off duty,” mercurynews.com reports. In June 2020, four of them …

Fifth Circuit Clarifies How ‘Pronouncement Requirement’ Applies to Supervision Conditions

Article • June 15, 2020 • from CLN July, 2020

Filed under: U.S. Sentencing Guidelines, Supervised Release - Conditions of

Fifth Circuit Clarifies How ‘Pronouncement Requirement’ Applies to Supervision Conditions by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit clarified how the requirement that a district court pronounce its sentence in the presence of the defendant applies to conditions of supervised release. After Rosie, …

News in Brief

Article • June 15, 2020 • from CLN July, 2020

Filed under: News in Brief

News in Brief by California: The death of David Glen Ward of Petaluma was declared a homicide by the Marin County coroner in May 2020, followed by a lawsuit from David’s mother, Ernestine Ward, alleging wrongful death, excessive force and negligent supervision by Sonoma County sheriff’s deputies. Leading up to …

TX State Auditor, Best Practices for Applying for an Occupational License After Conviction, 2020

Publication • 2020

Filed under: Occupational Restrictions

TX State Auditor, Best Practices for Applying for an Occupational License After Conviction, 2020 Lisa R. Collier, CPA, CFE, CIDA First Assistant State Auditor August 2020 Report No. 20-327 Applying for an Occupational License After Conviction or Deferred Adjudication Before Applying Flowchart After Applying Flowchart FAQs Exceptions Introduction As required …

Naming and Shaming - Violations of the Human Rights of Transgender Persons With Felonies in TX 2020

Publication • 2020

Filed under: Discrimination (Transgender)

Naming and Shaming - Violations of the Human Rights of Transgender Persons With Felonies in TX 2020 Naming and Shaming Violations of the Human Rights of Transgender Persons with Felonies in Texas NOVEMBER 2020 HUMAN RIGHTS CLINIC THE UNIVERSITY of TEXAS SCHOOL of LAW Cover: Khara Woods/Unsplash, Jude Beck/Unsplash This …

TX Criminal Justice Coalition - Misunderstood and Mistreated 2020

Publication • 2020

Filed under: Disabled Prisoners

TX Criminal Justice Coalition - Misunderstood and Mistreated 2020 ONE SIZE FAILS ALL REPORT SERIES MISUNDERSTOOD AND MISTREATED How Individuals with Intellectual and Developmental Disabilities Experience the Texas Criminal Legal System OCTOBER 2020 One Size Fails All: Misunderstood and Mistreated 1 TEXAS CRIMINAL JusT1cE coAuT10N The Arc. Texas This series …

TX - Dallas County - Securus contract - 2020-2025

Kickback publication • 2020

Filed under: Telephone Rates

TX - Dallas County - Securus contract - 2020-2025 RFP NUMBER 2019-064-6828 BETWEEN DALLAS COUNTY, TEXAS AND SECURUS TECHNOLOGIES LLC This Master Agreement ("Agreement") is made and entered into by and between the Dallas County, Texas, ("County") a political subdivision of the State of Texas acting by and through the …