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Fourth Circuit Clarifies Revocation Appeal Provides “Procedurally Appropriate Mechanism” for Raising Rogers Challenge to Unannounced Supervised Release Conditions, Vacates Revocation Judgment Base...
Article • March 1, 2026 • from CLN April, 2026
Filed under: Waiver of Appeal Rights, Failure to Object, Revocation Proceedings, Conditions of, Plain Error
Fourth Circuit Clarifies Revocation Appeal Provides “Procedurally Appropriate Mechanism” for Raising Rogers Challenge to Unannounced Supervised Release Conditions, Vacates Revocation Judgment Based on Null Standard Conditions by David Reutter by David M. Reutter The United States Court of Appeals for the Fourth Circuit vacated a supervised release revocation judgment and …
Second Circuit Holds Exclusion of Evidence Corroborating Defendant’s Testimony About Third-Party Statements Bearing on Intent Was Error, Clarifying That Rule 404(b) Does Not Bar Non-Propensity Evide...
Article • March 1, 2026 • from CLN April, 2026
Filed under: Evidentiary Claims, Abuse of Discretion Standard, Motive/Opportunity/Intent/Identity Evidence, Character/Reputation/Propensity, Plain/Harmless Error
Second Circuit Holds Exclusion of Evidence Corroborating Defendant’s Testimony About Third-Party Statements Bearing on Intent Was Error, Clarifying That Rule 404(b) Does Not Bar Non-Propensity Evidence Offered to Support Credibility by David Kim by David Kim The United States Court of Appeals for the Second Circuit vacated a cocaine-importation conspiracy …
Delaware Supreme Court Announces Four-Part Plain Error Framework, Aligning Prejudice Standard With Federal Approach Requiring Reasonable Probability of Different Outcome
Article • March 1, 2026 • from CLN April, 2026
Filed under: Preservation of Appellate Rights/Issues, Failure to Object, Hearsay Evidence, Confrontation Clause, Plain Error
Delaware Supreme Court Announces Four-Part Plain Error Framework, Aligning Prejudice Standard With Federal Approach Requiring Reasonable Probability of Different Outcome by Douglas Ankney by Doug Ankney Sitting en banc, the Supreme Court of Delaware vacated the defendant’s convictions and remanded, holding that the prosecution’s use of indirect hearsay evidence violated …
SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims
Article • February 1, 2026 • from CLN March, 2026
Filed under: Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction
SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims by Richard Resch by Richard Resch The Supreme Court of the United States held that 28 U.S.C. § 2244(b)(3)(E), which prohibits certiorari review of authorization …
Illinois Supreme Court Announces Six-Element Jeffries Test Governs Self-Defense Jury Instructions in Cases Involving Force Against Police Officers, Rejecting Appellate Court Approaches That Either Cre...
Article • February 1, 2026 • from CLN March, 2026
Filed under: Excessive Force (Police), Abuse of Discretion Standard, Jury Instructions in Jury Room, Plain/Harmless Error, Factual Disputes/Findings
Illinois Supreme Court Announces Six-Element Jeffries Test Governs Self-Defense Jury Instructions in Cases Involving Force Against Police Officers, Rejecting Appellate Court Approaches That Either Created Separate Threshold Inquiry or Automatically Requir by Douglas Ankney by Doug Ankney In a unanimous opinion, with a special concurrence by Chief Justice Neville, the …
Shelby County DA Oversees Retesting After Forensic Analyst’s Dismissal for ‘Unethical Conduct’
Article • July 1, 2025 • from CLN July, 2025
Filed under: Crime Labs, Appealable Issues/Orders, Sufficiency of Evidence, Evidence - Integrity/Reliability of
Shelby County DA Oversees Retesting After Forensic Analyst’s Dismissal for ‘Unethical Conduct’ by Sam Rutherford Shelby County District Attorney Steve Mulroy is overseeing the retesting of forensic evidence in multiple sexual assault cases after the Tennessee Bureau of Investigation (“TBI”) terminated a forensic analyst at its Jackson laboratory for “unethical …
Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge
Article • October 1, 2024 • from CLN October, 2024
Filed under: Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder
Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia ruled that defense counsel was ineffective for failing to argue that self-defense is a …
Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand an...
Article • October 1, 2024 • from CLN October, 2024
Filed under: Procedural Default/Error, Right to Testify, Right to Testify/Remain Silent
Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that the complete and wrongful denial of criminal defendant John …
First Circuit Announces Doctrine of Abatement Ab Initio Applies When Defendant Dies During Pendency of Direct Appeal in Published Precedential Ruling
Article • September 1, 2024 • from CLN September, 2024
Filed under: Appeals/Appellate Jurisdiction, Doctrine of Abatement, Death Certificate(s)
First Circuit Announces Doctrine of Abatement Ab Initio Applies When Defendant Dies During Pendency of Direct Appeal in Published Precedential Ruling by Douglas Ankney by Douglas Ankney In a published precedential ruling, the U.S. Court of Appeals for the First Circuit adopted the doctrine of abatement ab initio for when …
Ninth Circuit Announces Issues Not Raised in Prior Appeal Are Not Waived on Subsequent Appeal Following De Novo Resentencing
Article • September 1, 2024 • from CLN September, 2024
Filed under: Appealable Issues/Orders, De Novo Resentencing
Ninth Circuit Announces Issues Not Raised in Prior Appeal Are Not Waived on Subsequent Appeal Following De Novo Resentencing by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit held that issues not raised in a prior appeal are …
California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition
Article • July 15, 2024 • from CLN July, 2024
Filed under: Habeas Corpus, Appeals/Appellate Jurisdiction
California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition by Douglas Ankney by Douglas Ankney In a case involving three issues of first impression, the Court of Appeal of California, First Appellate District, ruled that Penal Code Section 1509(1)(c)’s 10- …
Changes to Appeals of Pretrial Detention Decisions Prompts Illinois Supreme Court to Adopt Changes to Appellate Rules
Article • June 15, 2024 • from CLN June, 2024
Filed under: Appeals/Appellate Jurisdiction, Preservation of Appellate Rights/Issues, Court Rules, Bail/Pretrial Release
Changes to Appeals of Pretrial Detention Decisions Prompts Illinois Supreme Court to Adopt Changes to Appellate Rules by Douglas Ankney by Douglas Ankney   Due to the monumental increase in the number of appeals of bond decisions, the Illinois Supreme Court adopted new appellate rules recommended by a five-person taskforce …
Colorado Supreme Court Announces Parole Board Not Statutorily Required to Consider ‘Demonstrated Maturity and Rehabilitation’ When Deciding Whether to Release Sex Offenders Who Received Adult Sentence...
Article • June 15, 2024 • from CLN June, 2024
Filed under: Life without Parole (LWOP), Certification, Juvenile Offenses/Offenders, Cruel and Unusual Punishment, Release Decisions
Colorado Supreme Court Announces Parole Board Not Statutorily Required to Consider ‘Demonstrated Maturity and Rehabilitation’ When Deciding Whether to Release Sex Offenders Who Received Adult Sentences for Crimes Committed as Juveniles by Sam Rutherford by Sam Rutherford   In a case of first impression, the Supreme Court of Colorado held …
Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen
Article • May 15, 2024 • from CLN May, 2024
Filed under: Notice of Appeal/Appeal Rights, Pleading Requirements/Rules
Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that an untimely notice of appeal (“NOA”) that provides a reason for the tardiness may …
U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence
Article • January 15, 2024 • from CLN January, 2024
Filed under: AEDPA, Procedural Default/Error, Proving Cause, Capital Cases, Procedural Error, Effective Assistance of Counsel, Counsel - Right to, Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness, Right to Counsel
U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence by Douglas Ankney by Douglas Ankney The current justices on the Supreme Court of the United States (“SCOTUS”) apparently prioritize ideology over guilt or innocence. Almost 40 years ago, SCOTUS held that the U.S. Constitution’s Sixth Amendment guarantee of a …
10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm
Article • November 1, 2023 • from CLN November, 2023
Filed under: U.S. Sentencing Guidelines, Felon in Possession Statute, Stipulations
10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s sentence where the U.S. District Court for the District of Colorado improperly applied a Guidelines …
Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding
Article • November 1, 2023 • from CLN November, 2023
Filed under: U.S. Sentencing Guidelines, Appealable Issues/Orders, Certificate of Appealability
Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding by Douglas Ankney by Douglas Ankney In a case of first impression in the Circuit, the U.S. Court of Appeals for the Third Circuit held that a federal prisoner appealing a District …
Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review
Article • October 1, 2023 • from CLN October, 2023
Filed under: First Step Act, Procedural Default/Error, Resentencing
Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit vacated the U.S. District Court for the Eastern District of …
Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review
Article • October 1, 2023 • from CLN October, 2023
Filed under: U.S. Sentencing Guidelines, Appealable Issues/Orders
Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that Kansas law permits a defendant to file a motion to correct an illegal sentence in appellate court on …
Mississippi Supreme Court: Court of Appeals Improperly Permitted State to Supplement Record on Appeal in Reviewing Habitual Offender Determination
Article • August 1, 2023 • from CLN August, 2023
Filed under: Appeals/Appellate Jurisdiction, Sentences - Prior/Unrelated
Mississippi Supreme Court: Court of Appeals Improperly Permitted State to Supplement Record on Appeal in Reviewing Habitual Offender Determination by Douglas Ankney by Douglas Ankney The Supreme Court of Mississippi, sitting en banc, held that the Court of Appeals (“COA”) improperly permitted the State to add to the record on …
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