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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 …
Publication • January 25, 2023
Filed under: Overdetention
DOJ Investigative Finding-Louisiana DOC, Jan. 2023 Louisiana Department of Public Safety and Corrections Investigative Findings and Next Steps On January 25, 2023, following an extensive investigation, the U.S. Department of Justice’s (DOJ) Civil Rights Division and the three U.S. Attorney’s Offices for the State of Louisiana notified the Louisiana Department …
Publication • January 25, 2023
Filed under: Overdetention
Investigation of the Lousiana Dept. Of Public Safety & Corrections-Jan. 2023 INVESTIGATION OF THE LOUISIANA DEPARTMENT OF PUBLIC SAFETY & CORRECTIONS United States Department of Justice Civil Rights Division January 25, 2023 TABLE OF CONTENTS I. INTRODUCTION .................................................................................................................. 1 II. SUMMARY ............................................................................................................................ 1 III. INVESTIGATION .................................................................................................................. 3 IV. BACKGROUND .................................................................................................................... …
Article • January 15, 2023 • from CLN February, 2023
The National Registry of Exonerations 2021 Annual Report: 161 Exonerations Comprising 1,849 Years of Wrongful Imprisonment by Casey Bastian by Casey J. Bastian The National Registry of Exonerations (“NRE”) recorded a total of 226 exonerations in 2021. Of these, 161 were discovered in 2021. The remaining 65 were discovered in …
Article • January 15, 2023 • from CLN February, 2023
Massachusetts Supreme Judicial Court Ends Practice of Juvenile Courts Granting Continuances for Sole Purpose of Extending Delinquent’s Period of Detention by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts ended the practice of judges presiding over juvenile delinquency proceedings and granting continuances for the sole purpose of …
Article • January 15, 2023 • from CLN February, 2023
Tenth Circuit: Unreasonable Determination of Downward Variance of Guidelines Resulted in Plain Error by David Reutter by David M. Reutter The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Wyoming committed plain error in applying the U.S. Sentencing Guidelines (“Guidelines”) …
Tenth Circuit: Prisoner Convicted of Covered Drug Offense but Sentenced to Mandatory Life Sentence Via Cross Reference for Murder Under Pre-Booker Guidelines Has Standing to Request First Step Act Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that a prisoner …
People Convicted of Sex Crimes Remain Incarcerated 25 Years After Completing Their Prison Sentences by Douglas Ankney by Douglas Ankney With the recent overturning of Roe v. Wade, 410 U.S. 113 (1973), news pundits and left-leaning politicians decry the “radical” justices on the U.S. Supreme Court as if the High …
Wrongful Conviction for First-Degree Murder Vacated 26 Years After Misconduct by Corrupt Chicago Detective Reynaldo Guevara Framed Him by Jo Ellen Nott by Jo Ellen Nott Edwin Davila’s first-degree murder conviction has been vacated after he was paroled in February of 2020. At the time of his release, Davila had …
Article • December 15, 2022 • from CLN January, 2023
Filed under: Wrongful Conviction
Against the Flow: How the National Registry of Exonerations Is Working to Turn the Tide of Wrongful Convictions Across U.S. by Benjamin Tschirhart by Benjamin Tschirhart “It is better that ten guilty persons escape than that one innocent suffer.” Known as Blackstone’s ratio, this maxim has been an accepted rule …
Article • December 15, 2022 • from CLN January, 2023
Ninth Circuit Announces District Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law When Deciding Motion for Compassionate Release by Douglas Ankney by Douglas Ankney On an issue upon which the circuits are split, the U.S. Court of Appeals for the Ninth Circuit held that district courts may …
Article • December 15, 2022 • from CLN January, 2023
First Circuit Reverses Denial of Habeas Relief Where District Court Found Batson Error but Observed AEDPA, Deferred to State Court’s Finding that No Batson Error Occurred by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit reversed the U.S. District Court for the District of …
Article • December 15, 2022 • from CLN January, 2023
Federal Habeas Corpus: How to Raise an Actual Innocence Claim by Dale Chappell by Dale Chappell Believe it or not, someone proving they’re “actually innocent” of their criminal offense is not enough to win federal habeas corpus relief. That’s because actual innocence, by itself, is not a constitutional violation to …
Article • December 15, 2022 • from CLN January, 2023
Second Circuit Announces District Courts Must Provide Habeas Petitioners with Notice and Opportunity To Be Heard Before Dismissing Petition Sua Sponte Based on Stone’s Limitation on Fourth Amendment Claims by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that district courts must provide …
Article • December 15, 2022 • from CLN January, 2023
Third Circuit: Defendant Entitled to Reasonable Opportunity to File Sentencing Memo Before Resentencing Under First Step Act by David Reutter by David M. Reutter The U.S. Court of Appeals for the Third Circuit held that when a prisoner seeks resentencing under the First Step Act, a district court has discretion …
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