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Second Circuit Holds Full De Novo Resentencing Hearing Required Based on Partially Successful Habeas Petition Where Resentencing Judge Not Original Judge and Changed Circumstances Plausibly Alleged
Article • December 1, 2024 • from CLN December, 2024
Filed under: Resentencing, De Novo Resentencing, Remands/Rehearings/Resentencings
Second Circuit Holds Full De Novo Resentencing Hearing Required Based on Partially Successful Habeas Petition Where Resentencing Judge Not Original Judge and Changed Circumstances Plausibly Alleged by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Second Circuit held that a prisoner was entitled to a full …
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 …
State v. Trejo, FL, Juvenile Resentencing Order, Miller Resentencing, 2024
Brief • August 20, 2024
Filed under: Resentencing, De Novo Resentencing, Juvenile Offenses/Offenders, Punishment
State v. Trejo, FL, Juvenile Resentencing Order, Miller Resentencing, 2024 Filing # 205089436 E-Filed 08/20/2024 09:17:08 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA STATE OF FLORIDA, CASE NO.:50-2007-CF-017817-JXXX-MB CRIMINAL DIVISION (S) – Circuit vs. ROBERTO TREJO, Defendant. _______________________________/ JUVENILE RESENTENCING …
Fourth Circuit Announces ‘Sentencing Package Doctrine’ Permits District Court to Resentence Both Covered and Noncovered Offenses Under First Step Act
Article • July 15, 2024 • from CLN July, 2024
Filed under: First Step Act, Resentencing, De Novo Resentencing
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 …
California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law
Article • May 15, 2024 • from CLN May, 2024
Filed under: Resentencing, De Novo Resentencing, Right to be Present
California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law by David Reutter by David M. Reutter The Court of Appeal of California, Fourth District, held that a violation of a prisoner’s constitutional and statutory rights to be personally present at …
California Court of Appeal Reverses Denial of Full Resentencing Under SB 483
Article • March 15, 2024 • from CLN March, 2024
Filed under: Resentencing, De Novo Resentencing
California Court of Appeal Reverses Denial of Full Resentencing Under SB 483 by Matthew Clarke by Matt Clarke The Court of Appeal of California, Sixth Appellate District, issued an opinion reversing a trial court’s refusal to apply Senate Bill (“SB”) 483 to a previously-remanded sentence. It also held that the …
California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6
Article • March 15, 2024 • from CLN March, 2024
Filed under: Resentencing, De Novo Resentencing, Right to be Present
California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6 by David Reutter by David M. Reutter The Court of Appeal of California, Fourth Appellate District, held that a prisoner’s constitutional and statutory rights …
California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91
Article • January 15, 2024 • from CLN January, 2024
Filed under: State Statutes, Guilty Plea, Resentencing, De Novo Resentencing, Plea Agreements/Guilty Pleas
California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91 by Douglas Ankney by Douglas Ankney The California Court of Appeal, Fourth Appellate District, held that defendants who plead guilty to a stipulated sentence are eligible for resentencing under California Penal Code …
Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’
Article • October 1, 2023 • from CLN October, 2023
Filed under: Magistrates, Habeas Corpus, De Novo Resentencing
Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit reversed a District Court’s dismissal of Larone F. Elijah’s …
Eleventh Circuit: District Court ‘Mischaracterizing’ Habeas Claim Left Claim Unresolved in Violation of Clisby, Requiring Remand
Article • January 15, 2021 • from CLN February, 2021
Filed under: Habeas Corpus, De Novo Resentencing, Remands/Rehearings/Resentencings
Eleventh Circuit: District Court ‘Mischaracterizing’ Habeas Claim Left Claim Unresolved in Violation of Clisby, Requiring Remand by Dale Chappell by Dale Chappell In a case reiterating the Court’s hard rule that every claim must be addressed in a habeas petition before it is disposed, the U.S. Court of Appeals for …
Seventh Circuit: Sentences for ‘Non-Covered’ Offenses Can Also Be Reduced Under First Step Act
Article • September 15, 2020 • from CLN October, 2020
Filed under: First Step Act, De Novo Resentencing, Fair Sentencing Act of 2010, Miscalculation of the Guidelines Sentencing Range
Seventh Circuit: Sentences for ‘Non-Covered’ Offenses Can Also Be Reduced Under First Step Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit ruled on July 22, 2020, that when a “covered offense” under the First Step Act is reduced, a non-covered offense may …