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Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction by Sam Rutherford by Sam Rutherford The Supreme Court of Illinois reversed and dismissed Empire actor Jussie Smollett’s felony disorderly conduct …
Article • December 15, 2024 • from CLN January, 2025
Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit delineated the scope of U.S. District Courts’ authority to summarily dismiss …
Second Circuit: Second-Degree Kidnapping Under New York Penal Law § 135.20 Not Categorically a Crime of Violence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that kidnapping in the second degree under New York Penal Law (“NYPL”) § 135.20 is not categorically …
Article • June 15, 2023 • from CLN July, 2023
New Commission in Georgia Will Discipline and Remove Prosecutors Who Are Seen as Not Tough Enough on Crime by Jo Ellen Nott by Jo Ellen Nott Republican Governor Brian Kemp of Georgia signed into law Senate Bill 92 (“SB 92”) on May 5, 2023, creating the Prosecuting Attorneys Qualifications Commission …
Fifth Circuit Announces Louisiana Aggravated Assault With Firearm Still Not ‘Crime of Violence’ After 2012 Amendment for Purposes of Sentencing Guidelines by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Fifth Circuit held that a prior conviction for aggravated assault with a firearm under Louisiana state …
Article • August 15, 2022 • from CLN September, 2022
SCOTUS Holds Attempted Hobbs Act Robbery Not a ‘Crime of Violence’ Under a § 924(c)(3)(A) by Dale Chappell by Dale Chappell In resolving a split among U.S. Courts of Appeals, the Supreme Court of the United States (“SCOTUS”) held on June 21, 2022, that an attempted Hobbs Act robbery is …
Article • May 15, 2022 • from CLN June, 2022
When Your Criminal Case Is Dropped, But Your Mugshot Lives Forever by Julie Levitch by Julie Levitch, The Crime Report Just as protests spread across the country in response to the killing of George Floyd, I was arrested—a white, middle-class, suburban mom with no criminal record. While the appalling circumstances …
Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’ by David Reutter by David M. Reutter In a precedential ruling, the U.S. Court of Appeals for the Third Circuit held that Hobbs Act robbery does not qualify as …
Article • August 15, 2021 • from CLN September, 2021
Filed under: Speedy Trial, Dismissal
Nebraska Supreme Court Reverses Denial of Pretrial Motion for Absolute Discharge on Speedy Trial Grounds by Matthew Clarke The Supreme Court of Nebraska reversed a lower court’s denial of a criminal defendant’s motion for absolute discharge based on statutory speedy trial grounds. A complaint was filed against Douglas P. Jennings …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Errors and Omissions
Georgia Supreme Court: Cumulative Effect of Trial Errors Requires Reversal of Murder Conviction by Matthew Clarke by Matt Clarke The Supreme Court of Georgia unanimously held that the cumulative effect of several trial errors required the reversal of a murder conviction. Benjamin Finney, a drug dealer in Macon, Georgia, was …
Article • February 15, 2021 • from CLN March, 2021
First Circuit Joins Sister Circuits Holding Hobbs Act Robbery Conspiracy not Crime of Violence for 924(c) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the First Circuit held that conspiracy to commit Hobbs Act robbery is not a valid offense to allow a conviction for use …
Article • February 15, 2021 • from CLN March, 2021
Montana Supreme Court: Five-Year Delay Violates Speedy Trial and Is Presumptively Prejudicial by Douglas Ankney by Douglas Ankney The Supreme Court of Montana held that a five-year delay in bringing John Wilson Chambers to trial violated his right to a speedy trial, and the lengthy delay was presumptively prejudicial. In …
Tenth Circuit Vacates Enhancement for Prior Crime of Violence Because it Wasn’t Independently Eligible to Receive Criminal History Points by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s sentence after ruling the U.S. District Court for the District of Colorado improperly …
Eleventh Circuit Holds RICO Conspiracy Doesn’t Qualify as Crime of Violence for § 924(c) Purposes and Defendant’s 120-Year Sentence Was Procedurally Unreasonable by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held that RICO conspiracy under 18 U.S.C. …
DOJ Report: Massachusetts Narcotics Bureau Relied on Excessive Use of Force by Kevin Bliss by Kevin Bliss The Narcotics Bureau (“NB”) of the Springfield Police Department (“SPD”) regularly used excessive force in the commission of its duties, covering its violations through deficiencies in its use of force reporting system. That’s …
Article • May 15, 2020 • from CLN June, 2020
Utah Supreme Court: Dismissal of Second Post-Conviction Petition Improper Where First Petition Voluntarily Withdrawn by Douglas Ankney by Douglas Ankney The Supreme Court of Utah held that there was no previous request for post-conviction relief to support dismissal of a second petition under Utah Code § 78B-9-106(1)(d) of the Post-Conviction …