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Fourth Circuit Announces Sentencing Disparity Between Defendant and Co-Defendants Alone Constitutes ‘Extraordinary and Compelling’ Reason Sufficient to Justify Compassionate Release by David Kim The United States Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Eastern District of Virginia did not abuse its discretion …
Article • May 15, 2025 • from CLN June, 2025
Bipartisan Legislative Wins in Virginia and Utah Expand Job Opportunities for Formerly Incarcerated Individuals by Jo Ellen Nott In a positive step advancing fair-chance policy for formerly incarcerated individuals, Virginia and Utah both signed policies into law in March 2025 that will help dismantle barriers faced by people with criminal …
Article • May 15, 2025 • from CLN June, 2025
Filed under: News in Brief
News in Brief by Alabama: On March 31, 2025, in State of Alabama v. Mac Marquette, Morgan County Circuit Judge Charles Elliott denied former Decatur Police Department officer Marquette’s motion for self-defense immunity in the fatal shooting of Steve Perkins. According to the Associate Press, the denial depended legally on …
Article • February 15, 2025 • from CLN March, 2025
Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption by Sam Rutherford by Sam Rutherford In a case containing factual allegations that seem like they were lifted from a movie or novel, the U.S. Court of Appeals for the Fourth Circuit reversed …
Brief • January 28, 2025
Filed under: False Imprisonment
Puryear v. Dotson, VA, Settlement, False Imprisonment, 2025 Case 3:24-cv-00479-REP Document 55-1 Filed 01/28/25 Page 1 of 83 PageID# 449 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION LESLIE PURYEAR, on behalf of himself and all those similarly situated, Plaintiff, v. Civil Action No. 3:24-cv-00479-REP CHADWICK DOTSON, in …
Article • December 1, 2024 • from CLN December, 2024
Filed under: News in Brief
News In Brief by Alabama: A former Tuscumbia police officer was sentenced to 20 years in prison on August 24, 2024, after pleading guilty to manslaughter in connection with a fatal pedestrian accident. The incident occurred in October 2022 when James “Jay” Keith Steward’s vehicle struck and killed 60-year-old Terry …
Virginia Supreme Court Announces Parties Are Free to Renegotiate Plea Agreement Not Already Accepted by Trial Court, Which May Not Enforce Original Plea Against Parties’ Wishes by Sam Rutherford by Sam Rutherford The Supreme Court of Virginia held that a trial court erred by enforcing a plea agreement after the …
Article • August 1, 2024 • from CLN August, 2024
Filed under: News in Brief
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Article • July 15, 2024 • from CLN July, 2024
Fourth Circuit Announces ‘Sentencing Package Doctrine’ Permits District Court to Resentence Both Covered and Noncovered Offenses Under First Step Act by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Fourth Circuit ruled that District Courts have discretion to reduce sentences for both covered and noncovered offenses …
Brief • June 28, 2024
Filed under: False Imprisonment
Puryear v. Dotson, VA, Complaint, False Imprisonment, 2024 Case 3:24-cv-00479-REP Document 1 Filed 06/28/24 Page 1 of 27 PageID# 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION LESLIE PURYEAR, on behalf of himself and all those similarly situated, Plaintiffs, CLASS ACTION COMPLAINT v. …
Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1) by Douglas Ankney by Douglas Ankney   The U.S. Court of Appeals for the Fourth Circuit vacated the convictions of Dr. Joel Smithers because …
Brief • April 12, 2024
Estate of Brad S Hensley v. Wellpath, LLC, VA, Complaint, Wrongful Death-Medical Neglect, 2024 Case 4:24-cv-00014-TTC-CKM Document 1 Filed 04/12/24 Page 1 of 23 Pageid#: 1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA Danville Division ROBERT HENSLEY and ROBIN HENSLEY, as Co-Administrators of the Estate of Brad …
Brief • March 25, 2024
Filed under: Excessive Force
Riddick v. Franklin, VA, Settlment, Excessive Force, 2024 A G.~"i....l..~'i-,....,, - .,. \-\t.~l.~ ~ ~ ~ \~ Sl-V"E.~A\- y~~ "s '"- 'f' ~~~-\ I M i.. "-" y \ \ f'-l;.. ~ t ta S .. t--t \ A Sl-.s ~,, r ,, ~y ~ fo ~y - A S't..s …
Brief • March 22, 2024
Weathers v. Witham, VA, Jury Verdict, Conditions of Confinement, 2024 Case 4:23-cv-00008-RBS-LRL Document 58 Filed 03/22/24 Page 1 of 8 PageID# 749 EASTERN DISTRICT OF VIRGINIA NEWPORT NEWS DIVISION . MA D 2 2 2024 ANTOINETTE WEATHERS, Plaintiff, V. ROY C. WITHAM, 4JY Case No. 4:23-cv-00008 eVaf?R~'A) Defendants. VERDICT FORM …
Article • March 15, 2024 • from CLN March, 2024
Understanding Fusion Centers by Michael Thompson by Michael Dean Thompson Introduction After 9/11, authorities determined the event was possible due to a failure of the various intelligence agencies to communicate with each other and share their information, data, insights, and discoveries. In 2007, Eben Kaplan wrote for the Council on …
Brief • February 9, 2024
Wall v. Rasnick, VA, Plaintiff's Response to Dft's Objections to Ruling on Motion for Sanctions, Spoliation of Video Evidence, 2024 Case 7:17-cv-00385-JPJ-PMS Document 169 Filed 02/09/24 Page 1 of 26 Pageid#: 2570 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION GARY WALL, Plaintiff, CASE …
Brief • January 26, 2024
Wall v. Rasnick, VA, Plaintiff's Objection to Order and Memo Opinio Regarding Spoilation Sanctions, Spoliation of Video Evidence, 2024 Case 7:17-cv-00385-JPJ-PMS Document 163 Filed 01/26/24 Page 1 of 39 Pageid#: 2493 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION GARY WALL, Plaintiff, CASE NO. …
Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that an evidentiary hearing was …
Brief • January 8, 2024
Weathers v. Witham, VA, Complaint, Conditions of Confinement, 2024 Case 4:23-cv-00008-RBS-LRL Document 33 Filed 01/08/24 Page 1 of 12 PageID# 257 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA NEWPORT NEWS DIVISION ANTOINETTE WEATHERS, Plaintiff, Case No. 4:23-cv-00008 v. Jury Trial Demanded ROY C. WITHAM, Superintendent; VIRGINIA PENINSULA …
Article • December 15, 2023 • from CLN December, 2023
Fourth Circuit: Disparate Sentence of 30 Years for Two § 924(c) Convictions Constitutes ‘Extraordinary and Compelling Reason’ for Early Release and § 3553(a) Sentencing Factors ‘Overwhelmingly’ Favor Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that Kelvin Brown’s disparate sentence …
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