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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 …
Texas Court of Criminal Appeals: Adding Felony Counts by Amending Indictment Constitutes Addition of More Offenses by Douglas Ankney by Douglas Ankney The Court of Criminal Appeals of Texas ruled that adding felony counts to an indictment via an amended indictment constitutes the adding of additional offenses to the indictment …
Article • February 19, 2023
Madeline Mendoza Exonerated After Wrongful Conviction for Murder Engineered by Disgraced Former Chicago PD Detective Reynaldo Guevara by Jo Ellen Nott by Jo Ellen Nott In January 2023, a Cook County Illinois judge vacated the wrongful conviction of Madeline Mendoza who served 17 years in prison for a murder she …
Article • February 15, 2023 • from CLN March, 2023
Federal Habeas Corpus: How to Raise a Fourth Amendment Claim by Dale Chappell by Dale Chappell The slam dunk for federal habeas claims, if such a thing exists, would be a claim that successfully challenges the evidence in a criminal case. By tossing the unlawfully-obtained evidence, not only would the …
Article • February 15, 2023 • from CLN March, 2023
Attorney General Garland Orders Federal Prosecutors to End Sentencing Disparities Between Crack and Powder Cocaine by Matthew Clarke by Matt Clarke On December 16, 2022, U.S. Attorney General Merrick Garland issued a memorandum to all federal prosecutors instructing them to seek to have defendants charged with drug offenses involving crack …
Article • February 15, 2023 • from CLN March, 2023
Sixth Circuit Announces Nonretroactive Change in Sentencing Law Is Not an ‘Extraordinary and Compelling Reason’ Warranting a Sentence Reduction under Compassionate Release Statute by Douglas Ankney by Douglas Ankney A divided en banc U.S. Court of Appeals for the Sixth Circuit, in a 9 to 7 split, held that a …
Article • January 26, 2023
U.S. Sentencing Commission Seeks to Rein in Acquitted-Conduct Sentencing by Jo Ellen Nott by Jo Ellen Nott The U.S. Sentencing Commission is a government panel that formulates federal sentencing policy. On January 13, 2023, the commission made public proposed amendments to current federal sentencing guidelines and asked for comments. One …
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