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Article • December 15, 2022 • from CLN January, 2023
Prosecutors in These States Can Review Sentences They Deem Extreme. Few Do. by Charlie Lee, Matt Nadel Five states now allow prosecutors to seek shorter sentences in old cases. Louisiana shows why many DAs haven’t. by Matt Nadel and Charlie Lee It had been a long day of mowing brush …
Article • December 15, 2022 • from CLN January, 2023
Fourth Circuit Announces Substantive Reasonableness Review Applies to All Proceedings Under § 404 of First Step Act, Regardless of Whether Motion Is Granted or Denied by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that substantive reasonableness review applies to all proceedings under …
Article • December 5, 2022 • from CLN November, 2022
Aversion to Error: Americans View Wrongful Acquittals and Wrongful Convictions to Be Errors of Equal Magnitude by Casey Bastian by Casey J. Bastian As we evolve our systems of criminaljustice, it becomes apparent that we must first agree what constitutes “justice.” And when we focus on what is justice within …
Article • November 30, 2022
Hundreds of Convictions Dismissed in NYC Due to Crooked Cops by Jo Ellen Nott by Jo Ellen Nott Public defenders and advocacy groups in New York City sent letters of concern to the city’s five district attorneys in 2021 about police testimony and investigations dating back several decades. The letters …
Fifth Circuit Announces Louisiana Aggravated Assault With Firearm Still Not ‘Crime of Violence’ After 2012 Amendment for Purposes of Sentencing Guidelines by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Fifth Circuit held that a prior conviction for aggravated assault with a firearm under Louisiana state …
Seventh Circuit: Sentencing Court’s ‘Inoculating Statement’ Regarding Potential Guidelines Miscalculation Failed to Satisfy Conditions of Abbas by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit remanded to the U.S. District Court for the Central District of Illinois for resentencing where that court’s inoculating statement …
Article • November 15, 2022 • from CLN December, 2022
Federal Habeas Corpus: Role of the Magistrate Judge by Dale Chappell by Dale Chappell District court judges in the federal courts have always had judicial assistants, in addition to law clerks, helping with their caseloads. Long before magistrate judges became what they are today, they were called “commissioners,” who were …
Fourth Circuit: Coram Nobis Appropriate Remedy to Achieve Justice Where Petitioner Actually Innocent but Completed Sentence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that coram nobis relief is the appropriate remedy to achieve justice where the petitioner had completed service of …
Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher Charge by Jacob Barrett by Jacob Barrett In a case of first impression, the Supreme Court of Louisiana held double jeopardy bars the reinstatement and …
Article • November 15, 2022 • from CLN December, 2022
First Circuit Announces Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law in Determining Whether ‘Extraordinary and Compelling’ Reason Exists for Compassionate Release in Prisoner-Initiated Motion by Jacob Barrett by Jacob Barrett In a case of first impression in the circuit, the U.S. Court of Appeals for the …
Article • November 15, 2022 • from CLN December, 2022
Ninth Circuit Clarifies Framework for Applying Minor-Role Adjustment in U.S. Sentencing Guideline § 3B1.2(b) by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit clarified the framework for application of the minor-role adjustment of U.S. Sentencing Guideline (“U.S.S.G.”) § 3B1.2(b). A man identified as “Gordo” …
Article • November 15, 2022 • from CLN December, 2022
Pennsylvania Supreme Court Announces Challenge to Presumptively Vindictive Sentence Constitutes ‘Legality Challenge’ and Thus Cognizable Under PCRA by Harold Hempstead by Harold Hempstead The Supreme Court of Pennsylvania held that a vindictive sentencing claim pursuant to North Carolina v. Pearce, 395 U.S. 711 (1969), meets the definition of a legality …
Article • November 15, 2022 • from CLN December, 2022
Prosecutorial Misconduct Cause of More Than 550 Death Penalty Reversals and Exonerations by Jacob Barrett by Jacob Barrett A study by the Death Penalty Information Center (“DPIC”) found more than 550 death penalty reversals and exonerations were the result of extensive prosecutorial misconduct. DPIC reviewed and identified cases since the …
Pennsylvania Supreme Court Announces Challenge to SORNA-Based Illegality of Sentence Claim Cannot Be Waived, Allowing for Challenge at Any Time — Even if First Raised on Appeal by Anthony Accurso by Anthony W. Accurso The Supreme Court of Pennsylvania held that challenges to the legality of an imposed sentence — …
Brief • November 14, 2022
Filed under: Wrongful Conviction
McCann v. Fuller, MI, Plaintiff's Consolidated Response in Opposition to Dft's Motion for Summary Judgment, Wrongful Conviction, 2022 Case 1:19-cv-01032-PLM-PJG ECF No. 138, PageID.2776 Filed 11/14/22 Page 1 of 81 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN RAYMOND E. McCANN, II, Plaintiff, v. BRYAN FULLER, Special Representative of the …
Brief • November 14, 2022
Filed under: Wrongful Conviction
Klene v. Riggs, CA, Complaint, Wrongful Conviction, 2022 Case 2:22-cv-08318-KK-JC Document 1 Filed 11/14/22 Page 1 of 34 Page ID #:1 1 2 3 4 5 Deirdre O’Connor (California Bar No. 169422) deirdre@seamuslaw.com Seamus Law, APC 21151 S. Western Ave. Torrance, CA 90501 Telephone: (310) 780-4522 6 7 8 9 …
Article • October 20, 2022
Equitable Criminal Sentencing Technology Makes History in Alachua County, Florida by Jo Ellen Nott by Jo Ellen Nott On September 27, 2022, Alachua County in north central Florida made history by funding equitable sentencing software for Florida’s Eighth Judicial Circuit.  This makes the Eighth the first Florida judicial circuit to …
Article • October 15, 2022 • from CLN November, 2022
Daniel Taylor Was Innocent. He Spent Decades in Prison Trying to Fix the State’s Mistake. by Steve Mills He was in police custody at the time of the murders, but a dubious confession led to his wrongful conviction while Chicago police and prosecutors turned a blind eye to inconvenient facts …
Article • September 15, 2022 • from CLN October, 2022
Filed under: First Step Act
Third Circuit Announces First Step Act Applies Retroactively to Defendant Whose Pre-Act Sentence Vacated After Act’s Enactment by Harold Hempstead by Harold Hempstead The U.S. Court of Appeals for the Third Circuit joined the Fourth, Seventh, and Ninth Circuits regarding the retroactivity of the First Step Act of 2018 (“FSA”) …
Framed by Dirty Chicago Detective Reynaldo Guevara, Marilyn Mulero Is Exonerated After 28 Years in Prison by Jo Ellen Nott by Jo Ellen Nott On August 9, 2022, a Cook County judge in Chicago, Illinois granted motions filed by State’s Attorney Kim Foxx to dismiss all charges against Marilyn Mulero, …
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