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Article • July 15, 2021 • from CLN August, 2021
Fourth Circuit Announces First Step Act Determinations Subject to Procedural and Reasonableness Requirements by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit ruled that district courts must, upon motion seeking relief under § 404 of the First Step Act of 2018 (“FSA”), impose new …
Article • July 15, 2021 • from CLN August, 2021
Michigan Supreme Court: Anonymous Tip Alleging Woman Was Driving Drunk Because She Yelled at Her Children Failed to Provide Reasonable Suspicion for Terry Stop by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit ruled that district courts must, upon motion seeking relief under § …
Article • July 15, 2021 • from CLN August, 2021
SCOTUS Announces ACCA ‘Violent Felony’ Requires Knowing Use of Force, Not Mere Reckless Conduct by Dale Chappell by Dale Chappell In a case that further narrowed the problematic Armed Career Criminal Act (“ACCA”), the Supreme Court of the United States (“SCOTUS”) held on June 10, 2021, that a “violent felony” …
Article • July 15, 2021 • from CLN August, 2021
Report: Encryption No Barrier to Feds by Jayson Hawkins by Jayson Hawkins As modern society grows increasingly dependent an electronic devices, it is not surprising that there has been a corresponding rise in the reliance on encryption to maintain privacy. But as recent investigations by the DOJ and FBI have …
Article • July 15, 2021 • from CLN August, 2021
Filed under: News in Brief
News in Brief by California: Two San Diego Police Department (SDPD) officers repeatedly punched a homeless Black man they were arresting on May 12, 2021, after they allegedly caught him attempting to urinate in public. According to a report by the Washington Post, the incident was captured on a cellphone …
Article • July 15, 2021 • from CLN August, 2021
Crime, the Myth by Emile DeWeaver It’s up to society to say what is and isn’t a crime, and it varies more than one might think. by Emile DeWeaver, Brennan Center Crime is not real. This assertion flies in the face of common sense and consensus. Of course crime is real, one …
Article • July 15, 2021 • from CLN August, 2021
Eighth Circuit Suppresses Evidence, Ruling Plain View Exception Inapplicable by David Reutter by David M. Reutter The U.S. Court of Appeals for the Eight Circuit affirmed the suppression of evidence found to be the fruit of an illegal search that resulted after officers responded to a wellness check call. The …
Article • July 15, 2021 • from CLN August, 2021
Is 743 Years Imprisonment Enough Time to Teach Someone A Lesson? by Michael Fortino, Ph.D by Michael Fortino, Ph.D. When we read about defendants receiving sentences of 117 years, 213 years, or even 743 years for non-violent offenses, the usual cliché is, “The system is broken,” a pessimistic little bromide …
Article • July 15, 2021 • from CLN August, 2021
Ninth Circuit Clarifies Montana Supreme Court’s Sentence Review Division Is Not an ‘Appeal’ Triggering Habeas Clock by Dale Chappell by Dale Chappell Prisoners get just one year to file a habeas petition in federal court after their direct appeals have been exhausted. Montana prisoners, though, have two avenues to challenge …
Article • July 15, 2021 • from CLN August, 2021
Kansas Supreme Court Affirms Dismissal of Convictions After State Fails to Preserve Issue for Appeal by Dale Chappell by Dale Chappell The Supreme Court of Kansas upheld the dismissal of a defendant’s convictions after the district court found several instances of ineffective assistance of counsel (“IAC”), including an actual conflict …
Article • July 15, 2021 • from CLN August, 2021
Pennsylvania Supreme Court Clarifies Standard for Admission of Evidence of Third Party Guilt by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania clarified the standard for admission of evidence of a third person’s crimes, wrongs, or other acts (“third person guilt”) offered by a criminal defendant seeking to …
Article • July 15, 2021 • from CLN August, 2021
D.C. Circuit: Ambiguous Plea Agreement Requires Interpretation in Favor of Defendant by David Reutter by David M. Reutter The U.S. Court of Appeals for the District of Columbia held that a plea agreement was ambiguous as to the Government’s ability to oppose Safety Valve relief for a defendant. Because precedent …
Article • July 15, 2021 • from CLN August, 2021
Sixth Circuit: First Step Act Amendments to § 924(c) Inapplicable to Defendant Sentenced Before Act’s Effective Date Even When Sentence Later Vacated by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that the First Step Act’s (“FSA”) amendments to 18 U.S.C. § 924(c) …
Article • July 15, 2021 • from CLN August, 2021
Ninth Circuit: Oregon’s UUW Statute Improperly Assimilated Under Federal Assimilative Crimes Act by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that Oregon’s Unauthorized Use of a Weapon, Or. Rev. Stat. § 166.220(1)(a) (“UUW”) was improperly assimilated under the Assimilative Crimes Act, 18 …
Article • July 15, 2021 • from CLN August, 2021
Pennsylvania Supreme Court Frees Bill Cosby by Richard Resch by Richard Resch Introduction The criticism and outrage at the Pennsylvania Supreme Court’s June 30, 2021, decision to vacate Bill Cosby’s convictions, order his immediate release, and bar any retrial are largely ill-informed or just plain misguided. Those decrying the fact …
Article • July 15, 2021 • from CLN August, 2021
"Arizona Supreme Court Announces ‘Reasonable Possibility’ Standard in Balancing Right to Present Complete Defense Against Victim’s Refusal to Disclose Privileged Medical Records" by Douglas Ankney by Douglas Ankney The Supreme Court of Arizona held that when a defendant’s due process right to present a complete defense conflicts with a victim’s …
Article • July 15, 2021 • from CLN August, 2021
Wisconsin Supreme Court: Department of Corrections Database on Sex Offenders Evaluated for Civil Commitment Discoverable in Civil Commitment Proceeding by Matthew Clarke by Matt Clarke The Supreme Court of Wisconsin held that a Wisconsin Department of Corrections (“DOC”) database of persons the DOC evaluated for civil commitment as a sexually …
Article • July 15, 2021 • from CLN August, 2021
D.C. Circuit: Counsel’s Failure to Object to District Court’s Reliance Upon Wrong Sentencing Guideline Constitutes Ineffective Assistance by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the District of Columbia concluded defense counsel was ineffective when he failed to object to the U.S. District Court for the …
Article • July 15, 2021 • from CLN August, 2021
Illinois Supreme Court: State Failed to Prove Constructive Possession of Firearm by Anthony Accurso by Anthony W. Accurso The Supreme Court of Illinois reversed a defendant’s conviction for firearm possession because the State failed to present sufficient evidence to prove that he constructively possessed it. In June 2015, a police …
Article • July 15, 2021 • from CLN August, 2021
Pennsylvania Supreme Court: Single Conviction for Non-Enumerated Crime of Violence Does Not Qualify as History of Violent Behavior Under RRRI Act by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Pennsylvania held that a trial court’s failure to sentence an eligible offender pursuant …
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