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HRDC v. Correct Care Solutions, LLC, VT, Opinion, Public Records, 2021
Filing • September 3, 2021
Filed under: Private Contractors, Appeals, Public Records, PLN Litigation
HRDC v. Correct Care Solutions, LLC, VT, Opinion, Public Records, 2021 ENTRY ORDER 2021 VERMONT UPREM FILED IN LEHK's (E35938? VT 63 SEP 0 3. 2021 SUPREME COURT DOCKET NO. 2020-308 JUNE TERM, 2021 Human Rights Defense Center v. Correct Care Solutions, LLC and Correctional Care Solutions Group Holdings, LLC …
U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal
Article • July 15, 2020 • from CLN August, 2020
Filed under: Appeals, Ineffective Assistance of Counsel
U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal by Dale Chappell by Dale Chappell In an unusual move, the U.S. District Court for the Northern District of Texas rejected the typical remedy under 28 U.S.C. § 2255 and instead opted to grant a “judicial …
Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review
Article • March 18, 2020 • from CLN April, 2020
Filed under: Appeals, Sentencing
Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review by Michael Berk by Michael Berk The Supreme Court of Kansas held that a court of appeals must consider a claim that a criminal defendant’s sentence is illegal even when raised for the …
Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal
Article • February 19, 2020 • from CLN March, 2020
Filed under: Appeals, Fourth Amendment, rights
Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held that the State must raise in the trial court a claim that a defendant lacks standing to contest the admission of seized …
New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant
Article • February 18, 2020 • from CLN March, 2020
Filed under: Appeals, Trials
New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant by Anthony Accurso by Anthony Accurso The Court of Appeals of New York reversed a defendant’s conviction for robbery because the trial court entered into a plea agreement with a codefendant that required the codefendant …
Georgia Supreme Court Announces Fundamental Overhaul of Jurisprudence Governing Appeals of Guilty Pleas and Out-of-Time Appeals
Article • December 19, 2019 • from CLN January, 2020
Filed under: Appeals
Georgia Supreme Court Announces Fundamental Overhaul of Jurisprudence Governing Appeals of Guilty Pleas and Out-of-Time Appeals by Douglas Ankney by Douglas Ankney In a landmark ruling, the Supreme Court of Georgia completely overhauled the state’s jurisprudence governing appeals of cases that resulted in guilty pleas and governing out-of-time appeals, overturning …
Indiana Supreme Court: Postconviction Petition Addressing Only Issues From New Trial, New Sentencing, or New Appeal From Federal Court via Habeas Proceedings Is Not a Second Petition Under State Law
Article • November 19, 2019 • from CLN December, 2019
Filed under: Appeals, Habeas Corpus
Indiana Supreme Court: Postconviction Petition Addressing Only Issues From New Trial, New Sentencing, or New Appeal From Federal Court via Habeas Proceedings Is Not a Second Petition Under State Law by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that a postconviction petition that raises only issues …
Third Circuit Announces New Rule for Amending § 2255 Motions on Appeal
Article • October 16, 2019 • from CLN November, 2019
Filed under: Appeals
Third Circuit Announces New Rule for Amending § 2255 Motions on Appeal by Dale Chappell by Dale Chappell In a ruling that further divides the circuits on how and when a motion under 28 U.S.C. § 2255 can be amended, the U.S. Court of Appeals for the Third Circuit held …
Seventh Circuit Reverses Convictions Under 18 U.S.C. § 924(c); Holds Underlying Offenses Do Not Qualify as ‘Crimes of Violence’
Article • October 14, 2019 • from CLN November, 2019
Filed under: Appeals
Seventh Circuit Reverses Convictions Under 18 U.S.C. § 924(c); Holds Underlying Offenses Do Not Qualify as ‘Crimes of Violence’ by Matthew Clarke by Matt Clarke  The U.S. Court of Appeals for the Seventh Circuit reversed the convictions of two federal prisoners who had been found guilty of using and discharging …
Ninth Circuit Announces that District Court Cannot Sua Sponte Raise Waiver as Ground to Dismiss Motion for Sentence Reduction
Article • September 17, 2019 • from CLN October, 2019
Filed under: Appeals, Sentencing
Ninth Circuit Announces that District Court Cannot Sua Sponte Raise Waiver as Ground to Dismiss Motion for Sentence Reduction by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit announced that a district court cannot sua sponte raise a …
Maryland Court of Appeals: Sentence Imposed on Remand That Is of Equal Maximum Length as Former Sentence but With Longer Term Before Parole Eligibility Is ‘More Severe’
Article • September 17, 2019 • from CLN October, 2019
Filed under: Appeals, Sentencing, Parole
Maryland Court of Appeals: Sentence Imposed on Remand That Is of Equal Maximum Length as Former Sentence but With Longer Term Before Parole Eligibility Is ‘More Severe’ by Douglas Ankney by Douglas Ankney The Court of Appeals of Maryland held that where a circuit court imposed on remand a sentence …
First Circuit Rules Appeal Waiver Does Not Relieve Counsel of Duty to Consult About an Appeal
Article • September 17, 2019 • from CLN October, 2019
Filed under: Attorneys, Appeals
First Circuit Rules Appeal Waiver Does Not Relieve Counsel of Duty to Consult About an Appeal by Dale Chappell by Dale Chappell In a case applying a newly minted U.S. Supreme Court decision, the U.S. Court of Appeals for the First Circuit held that an appeal waiver in a plea …
Fifth Circuit Announces that Categorical Approach Applied to SORNA Doesn’t Permit Circustance-Specific Inquiry Into Offender/Victim Age Differential
Article • September 17, 2019 • from CLN October, 2019
Filed under: Appeals, Sex Offender Registration and Notification Act
Fifth Circuit Announces that Categorical Approach Applied to SORNA Doesn’t Permit Circustance-Specific Inquiry Into Offender/Victim Age Differential by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Fifth Circuit held that the text of the Sexual Offense Registration and Notification Act …
Seventh Circuit Announces That More Than Psychological Coercion Required to Trigger § 2B3.1(b)(4)(B) Sentencing Enhancement, Disapproving Prior Holdings to the Contrary
Article • September 17, 2019 • from CLN October, 2019
Filed under: Appeals, Sentencing
Seventh Circuit Announces That More Than Psychological Coercion Required to Trigger § 2B3.1(b)(4)(B) Sentencing Enhancement, Disapproving Prior Holdings to the Contrary by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit announced that something more than psychological coercion is required before a sentencing court can …
Eleventh Circuit Holds Time on Appeal Counts When Considering If Sentence Was Imposed Under Residual Clause
Article • September 16, 2019 • from CLN October, 2019
Filed under: Appeals
Eleventh Circuit Holds Time on Appeal Counts When Considering If Sentence Was Imposed Under Residual Clause by Dale Chappell by Dale Chappell In a case that may have lowered one of the hurdles erected by the U.S. Court of Appeals for the Eleventh Circuit to stop the flow of relief …
Fourth Circuit Holds Appeal Waiver Does Not Preclude Retroactive ACCA Claim
Article • September 16, 2019 • from CLN October, 2019
Filed under: Appeals
Fourth Circuit Holds Appeal Waiver Does Not Preclude Retroactive ACCA Claim by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit held that retroactive ACCA claims are not barred by a defendant’s appeal waiver, and defendant’s 1976 Georgia burglary conviction is no longer a valid …
9th Circuit Finds IAC for Failure to Investigate Mitigating Factors During Penalty Phase of Capital Case
Article • September 16, 2019 • from CLN October, 2019
Filed under: Appeals, Death Penalty/Death Row
9th Circuit Finds IAC for Failure to Investigate Mitigating Factors During Penalty Phase of Capital Case by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Ninth Circuit vacated and remanded the defendant’s death sentence for first-degree murder because defense counsel failed to investigate mitigating evidence of …
Fourth Circuit Rules Government Breached Plea Agreement When It Failed to Honor Its Drug Conduct Stipulation at Sentencing
Article • June 17, 2019 • from CLN July, 2019
Filed under: Government Misconduct, Appeals, Sentencing
Fourth Circuit Rules Government Breached Plea Agreement When It Failed to Honor Its Drug Conduct Stipulation at Sentencing by Chad Marks by Chad Marks The U.S. Court of Appeals for the Fourth Circuit ruled that the Government breached its plea agreement with the defendant by failing to honor its drug …
Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exc...
Article • June 17, 2019 • from CLN July, 2019
Filed under: Appeals, Constitution, U.S.
Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exceptions Required by Law So that a Defendant Has Notice by Punch & Jurists by Punch & Jurists In Chua, …
SCOTUS: Presumption of Prejudice Recognized in Flores-Ortega Applies Regardless of Defendant’s Appeal Waiver
Article • April 12, 2019 • from CLN May, 2019
Filed under: Appeals
SCOTUS: Presumption of Prejudice Recognized in Flores-Ortega Applies Regardless of Defendant’s Appeal Waiver by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that the presumption of prejudice recognized in Roe v. Flores-Ortega, 528 U.S. 470 (2000), applies regardless of whether a defendant has signed …
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