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Pennsylvania Supreme Court Announces Mandatory Life Without Parole for Felony Murder Unconstitutional Under State Constitution, Holding Article I, Section 13 Provides Broader Protections Than Eighth Amendment by Richard Resch by Richard Resch The Supreme Court of Pennsylvania held that a mandatory sentence of life imprisonment without the possibility of parole …
Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice by David Reutter by David M. Reutter The Supreme Judicial Court of Massachusetts held that a motion judge abused his …
California Supreme Court Announces Excessive Fines Clauses Are the Proper Method to Challenge Punitive Fines, Holds Equal Protection Requires Courts to Consider Defendant’s Inability to Pay Before Imposing Certain Ancillary Assessments Upon Request by David Kim by David Kim The Supreme Court of California granted review to resolve a split …
California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051 by Sam Rutherford by Sam Rutherford The Court of Appeal of California, District 1, held that Cal. Penal Code …
Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’ by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia unanimously granted a defendant’s habeas petition …
Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution by Dale Chappell by Dale Chappell For nearly a decade, the ACLU has fought Michigan’s Sex Offender Registration Act (“SORA”), challenging provisions it claims violate constitutional rights. Despite repeated rulings declaring earlier versions unconstitutional, Michigan enacted a revised SORA in …
Article • November 1, 2024 • from CLN November, 2024
Overthrowing the Constitution: All Sides Are Waging War on Our Freedoms by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”—Abraham Lincoln …
Article • August 1, 2024 • from CLN August, 2024
New Mexico Supreme Court Revises Rules Governing Pretrial Release by Douglas Ankney by Douglas Ankney On May 8, 2024, the Supreme Court of New Mexico revised the rules governing pretrial release. According to Artie Pepin, Director of the Administrative Office of the Courts, the revisions include: People released while awaiting …
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 …
FBI Searches of NSA Data Extended Until April, Despite Admission of Unconstitutionality by Anthony Accurso by Anthony W. Accurso As part of the National Defense Authorization Act for fiscal year 2024, signed by President Biden on December 22, 2023, Congress has extended the deadline to April 19th to fully re-authorize, …
California Court of Appeal: Probation Condition Prohibiting Possession of Pornography Impermissibly Vague by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, held that a probation condition prohibiting possession of pornographic materials was impermissibly vague. Michael Gruis pleaded no contest to one count of possession …
Article • October 1, 2023 • from CLN October, 2023
SCOTUS Announces Pending Investigation or Proceeding Is Not Required for an Offense to be ‘Related to Obstruction of Justice’ and Qualify as ‘Aggravated Felony’ in Removal of Noncitizen by Douglas Ankney by Douglas Ankney Resolving a conflict among the U.S. Courts of Appeals, the Supreme Court of the United States …
Article • September 1, 2023 • from CLN September, 2023
Mississippi Ends ‘Dead Zone’ by Jordan Arizmendi by Jordan Arizmendi In April 2023, the Mississippi Supreme Court unanimously amended the state’s Rules of Criminal Procedure to eliminate the “dead zone.” Essentially, Rule 7.2 of Mississippi declares that counsel must be provided to an indigent defendant after they have been indicted. …
Article • August 1, 2023 • from CLN August, 2023
Fifth Circuit Announces Statute Prohibiting Firearm Possession by Person Subject to Domestic Violence Restraining Order Is Unconstitutional in Light of Bruen by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the federal statute which prohibits the possession of firearms by a person …
Article • June 15, 2023 • from CLN July, 2023
SCOTUS: Honest-Services Fraud Jury Instructions Regarding Private Citizen Too Vague by Richard Resch by Richard Resch The Supreme Court of the United States held that a trial court’s jury instructions on the standard as to whether a private citizen owes a fiduciary duty to the public and a breach thereof …
The George Washington University Law School-Rights Violations as Punishment, 2023 GW Law School Public Law and Legal Theory Paper No. 2023-25 GW Legal Studies Research Paper No. 2023-25 Rights Violations as Punishment Kate Weisburd This paper can be downloaded free of charge from the Social Science Research Network: https://ssrn.com/abstract=4424954 Electronic …
Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention by Harold Hempstead by Harold Hempstead The Supreme Judicial Court of Massachusetts held that the pretrial detention period in General Laws c. 276, § 58B begins to run when a defendant is detained, not when an order …
Article • April 15, 2023 • from CLN May, 2023
Ohio Supreme Court Holds Termination of Community Control Is Final Discharge for Purposes of Sealing Records and Terminates Unsatisfied Condition to Pay Child-Support Arrearages by Matthew Clarke by Matthew Thomas Clarke The Supreme Court of Ohio held termination of nonresidential community control (“NCC”) is a “final discharge” within the meaning …
Article • March 15, 2023 • from CLN April, 2023
Fourth Circuit: Immigration Judge’s Failure to Inform Noncitizen of Right to Appeal Deportation Order Was Prejudicial and Invalidated Later Indictment for Illegal Reentry by Jacob Barrett by Jacob Barrett The U.S. Court of Appeals for the Fourth Circuit ruled that an immigration judge’s failure to inform an undocumented noncitizen of …
Publication • 2022
Jail Health and Early Release Practices, Dec. 2022 William & Mary Bill of Rights Journal Volume 31 (2022-2023) Issue 2 The Problem of Mass Incarceration: Diagnosis and Reform Article 4 12-2022 Jail Health and Early Release Practices Brandon L. Garrett Deniz Ariturk Jessica Carda-Auten David L. Rosen Follow this and …
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