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Article • May 15, 2022 • from CLN June, 2022
Second Circuit: Multi-Object Drug Conspiracy Involving Crack and Other Drugs Eligible for First Step Act Relief by Dale Chappell by Dale Chappell A single federal drug offense involving both powder and crack cocaine is eligible for a reduced sentence under the First Step Act’s retroactive application of the Fair Sentencing …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Resources
Book Review: ‘The PLRA Handbook: Law and Practice Under the Prison Litigation Reform Act’ by John Boston by Matthew Clarke by Matt Clarke Since being signed into law by President Clinton in 1996, the Prison Litigation Reform Act (“PLRA”) has become the premiere obstacle to prisoners’ obtaining relief in federal …
Article • May 15, 2022 • from CLN June, 2022
Sixth Circuit: No Abuse of Discretion in U.S. District Courts Imposing Habeas Remedy Different Than That Required Under State Law by Dale Chappell by Dale Chappell The proper remedy in granting federal habeas corpus relief to a state prisoner is within the discretion of federal courts and not dependent on …
Article • May 15, 2022 • from CLN June, 2022
SCOTUS Announces § 1983 Malicious Prosecution Claim’s ‘Favorable Determination’ Requirement Satisfied by Showing Prosecution Ended Without a Conviction by Richard Resch by Richard Resch The Supreme Court of the United States held that the “favorable determination” requirement for a Fourth Amendment claim under 42 U.S.C. § 1983 for malicious prosecution …
Article • May 15, 2022 • from CLN June, 2022
Minnesota Supreme Court: Depraved-Mind Murder Requires Mental State of Generalized Indifference to Human Life, Which Cannot Exist Where Defendant Kills With Particularity by Douglas Ankney by Douglas Ankney The Supreme Court of Minnesota held that the mental state necessary for a depraved-minded murder, Minn.Stat. 609.195(a) (2020), is a generalized indifference …
Article • May 15, 2022 • from CLN June, 2022
Sixth Circuit: Evidence Withheld by Prosecutor Opens Door for Successive Habeas Petition by Dale Chappell by Dale Chappell After the discovery that the prosecution withheld key pieces of evidence that may have exonerated a man convicted and sentenced to death, the U.S. Court of Appeals for the Sixth Circuit held …
Martinsville Seven Pardoned 70 Years After Execution by Anthony Accurso by Anthony W. Accurso Governor Ralph Northam (D-VA) signed posthumous pardons for seven Black men denied due process in a criminal case following a rape allegation involving a white woman in Martinsville, Virginia, in 1949. On January 8, 1949, 32-year-old …
Article • May 15, 2022 • from CLN June, 2022
SCOTUS Adds Extra Obstacle to Federal Habeas Relief for State Prisoners, Ruling Both Brecht and the AEDPA Must Be Satisfied by Dale Chappell by Dale Chappell Citing the need to respect the finality of state convictions, the Supreme Court of the United States (“SCOTUS”) held on April 21, 2022, that …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Jury Nullification
Jury Nullification: The People’s Tool Against Bad Laws and Bad Legal Actors by J.D. Schmidt by J.D. Schmidt A specter is haunting the courtrooms of the United States—the specter of jury nullification. All the powers of the United States legal system have entered into an unholy alliance to exorcise this …
Article • May 15, 2022 • from CLN June, 2022
Filed under: News in Brief
News in Brief by Connecticut: On Apr. 15, 2022, a Norwalk police officer of 10 years was arrested of assaulting a family member. WVIT, a news channel serving New Britain, reports that officer Jermaine Nash, 44, was arrested after a call was made to police in the mid-afternoon of the …
Article • May 15, 2022 • from CLN June, 2022
Michigan Supreme Court: IAC Where Defense Counsel Failed to Request Instruction on Defense-of-Others for Nonassaultive Offense of Home Invasion, Orders New Trial by David Reutter by David M. Reutter The Supreme Court of Michigan held that defense counsel was ineffective for failing to request a defense-of-others jury instruction for defendants …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Restitution Hearing
Tenth Circuit: Judgment of Conviction Becomes Final for § 2255 SOL Purposes Upon Conclusion of Direct Review of Deferred Restitution by Douglas Ankney Answering an open question, the U.S. Court of Appeals for the Tenth Circuit held that a judgment becomes final for purposes of 28 U.S.C. § 2255’s statute …
Use of Controversial Phone-Cracking Tool Is Spreading Across Federal Government by Mara Hvistendahl, Sam Biddle Cellebrite’s extensive federal sales come as another Israeli phone-spying firm, NSO Group, falls under federal sanctions. by Mara Hvistendahl, Sam Biddle, The Intercept Investigators with the U.S. Fish and Wildlife Service frequently work to thwart a variety …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Forfeiture
Maine Now Requires Criminal Conviction Before Property May Be Forfeited by Douglas Ankney by Douglas Ankney Maine passed LD 1521 without the governor’s signature to become the fourth state in the nation to abolish civil asset forfeiture, requiring instead a criminal conviction before property may be forfeited. The law took …
Article • May 15, 2022 • from CLN June, 2022
West Virginia Supreme Court: Defendant Who Provided False Information to Detective Who Failed to Identify Himself as Police Officer Has No Duty to Cure False Statement Upon Learning Detective Is a Police Officer by Douglas Ankney by Douglas Ankney The Supreme Court of Appeals of West Virginia ruled that a …
Article • May 15, 2022 • from CLN June, 2022
New RECOVER Fingerprint Technology Used to Solve 1983 Cold Case by Casey Bastian by Casey J. Bastian Forensic technologies are constantly being innovated in an ongoing effort to correctly solve crimes and create a better justice system. Identifying the correct suspect is vital to administering true justice. The sole detective …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Revocation Proceedings
California Court of Appeal: Trial Court Must Receive Parole Agency’s Written Report Before Ruling on Parole Revocation Petition for Lifetime Parolee Despite Remand to Prison Being Mandatory by Douglas Ankney by Douglas Ankney The Court of Appeal, First Appellate District, held that Penal Code § 1203.2(b)(1) requires trial courts to …
Article • May 15, 2022 • from CLN June, 2022
Excited Delirium—the Diagnosis That Doesn’t Exist by Brooke Kaufman How a racialized, gendered theory became the go-to defense for police officers who kill people in custody by Brooke Kaufman The term “excited delirium,” or agitated delirium, first entered legal discourse in the 1980s. Dr. Charles Wetli and Dr. David Fishbain …
Article • May 15, 2022 • from CLN June, 2022
Federal Habeas Corpus: Post-Filing Procedures in Seeking Habeas Relief by Dale Chappell by Dale Chappell After you’ve filed your petition for habeas relief in federal court, you may decide to take further actions, such as filing a motion to “stay” your proceedings, to appoint counsel, or to release you on …
Article • May 15, 2022 • from CLN June, 2022
New York Court of Appeals: Frye Hearing Required to Determine Admissibility of DNA Evidence Generated by Proprietary Forensic Statistical Tool by Douglas Ankney by Douglas Ankney The Court of Appeals of New York reversed an order of the Appellate Division that had affirmed a trial court’s order denying a hearing …
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