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California Supreme Court Announces Judgment Not Considered Final Under Estrada for Retroactive Application of Amended Gang Enhancement Statute When Conviction Affirmed on Appeal but Sentencing Issues ...
Article • October 15, 2025 • from CLN November, 2025
Filed under: Retroactivity, Essential Elements of Crime, Sentence Enhancements/Departures, Authority and Jurisdiction, Remands/Rehearings/Resentencings
California Supreme Court Announces Judgment Not Considered Final Under Estrada for Retroactive Application of Amended Gang Enhancement Statute When Conviction Affirmed on Appeal but Sentencing Issues Remain Pending Following Remand by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of California held that a defendant was entitled to retroactive application …
Ninth Circuit Holds Untruthful Responses to Questions Government Is Not Permitted to Ask on Visa Application Is Still Fraud if Responses Could Have Influenced Decision to Grant Request for Visa
Article • October 15, 2025 • from CLN November, 2025
Filed under: False Statements/Perjury, Essential Elements of Crime, Fraud and Deceit, Immigration Law/Offenses, Authority and Jurisdiction
Ninth Circuit Holds Untruthful Responses to Questions Government Is Not Permitted to Ask on Visa Application Is Still Fraud if Responses Could Have Influenced Decision to Grant Request for Visa by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the Ninth Circuit held that the untruthful …
Tenth Circuit Announces Motor Vehicles Are Not Per Se Instrumentalities of Interstate Commerce Under Commerce Clause for Purposes of the Federal Kidnapping Statute
Article • August 1, 2025 • from CLN August, 2025
Filed under: Commerce Clause, Kidnapping, Abduction or Unlawful Restraint, Interstate Commerce
Tenth Circuit Announces Motor Vehicles Are Not Per Se Instrumentalities of Interstate Commerce Under Commerce Clause for Purposes of the Federal Kidnapping Statute by David Kim The United States Court of Appeals for the Tenth Circuit held that motor vehicles are not per se instrumentalities of interstate commerce for purposes …
California Court of Appeal: Trial Court Misconstrued Elements 
of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing
Article • August 1, 2025 • from CLN August, 2025
Filed under: Murder/Felony Murder, Resentencing, Failure to Prove
California Court of Appeal: Trial Court Misconstrued Elements of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing by Sagi Schwartzberg The Court of Appeal for California, Fifth Appellate District, held that petitioner Tramell Vernon Taylor was entitled to resentencing on his …
California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhance...
Article • February 15, 2025 • from CLN March, 2025
Filed under: Prison Gangs, Kidnapping, Abduction or Unlawful Restraint, Insufficiency of the Evidence, Sentence Enhancements/Departures, Gang Membership
California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements by Douglas Ankney by Douglas Ankney In consolidated appeals, the Court of Appeal of California, Fourth Appellate District, held that the evidence …
Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1)
Article • June 15, 2024 • from CLN June, 2024
Filed under: Jury Instructions, Essential Elements of Crime, Mens Rea Element, Elements of Offense, Failure to Instruct on Scienter Requirement
Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1) by Douglas Ankney by Douglas Ankney   The U.S. Court of Appeals for the Fourth Circuit vacated the convictions of Dr. Joel Smithers because …
Second Circuit: Second-Degree Kidnapping Under New York Penal Law § 135.20 Not Categorically a Crime of Violence
Article • August 1, 2023 • from CLN August, 2023
Filed under: Kidnapping, Abduction or Unlawful Restraint, Solicitation to Commit a Crime of Violence
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 …
Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial
Article • April 15, 2023 • from CLN May, 2023
Filed under: Restraints, Jury Instructions, Kidnapping, Abduction or Unlawful Restraint, Plain/Harmless Error
Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial by Mark Wilson by Mark Wilson The Supreme Court of Hawaii held that a trial court plainly erred in failing to instruct the jury that the “restraint” necessary …
Sixth Circuit: Unarmed Bank Robber Who Ordered Tellers to Get on the Floor Not Subject to Enhancement for Physical Restraint
Article • January 15, 2023 • from CLN February, 2023
Filed under: Kidnapping, Abduction or Unlawful Restraint, Bank Fraud/Robbery/Theft
Sixth Circuit: Unarmed Bank Robber Who Ordered Tellers to Get on the Floor Not Subject to Enhancement for Physical Restraint by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Sixth Circuit held that the sentence of a convicted bank robber who did not have a gun, …