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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 …
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 …
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