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First Circuit Announces Modification of Juvenile’s Life-­Without-­Parole Sentence to Parole-­Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-­in-­Time Habeas Petition From Gatekeeping Requirements by Richard Resch by Richard Resch In a case of first impression, the United States Court of Appeals for the First Circuit held that when a …
Article • December 15, 2025 • from CLN January, 2026
Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents by David Kim by David Kim The United States Court of Appeals for the Ninth Circuit reversed the U.S. District Court for the District of …
Article • November 15, 2025 • from CLN December, 2025
Eighth Circuit Announces § 2255 One-­Year Limitations Period Begins to Run in Deferred-­Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount by Sagi Schwartzberg by Sagi Schwartzberg The United States Court of Appeals for the Eighth Circuit held that a 28 U.S.C. § 2255 motion was timely, concluding that the one-­year …
Third Circuit Announces “Commencement of the Instant Offense” in Guidelines § 4A1.2(e) Unambiguously Refers Only to Specific Offense of Conviction, Not Relevant Conduct by David Kim by David Kim The United States Court of Appeals for the Third Circuit held that the phrase “commencement of the instant offense” for calculating …
Brief • September 5, 2025
USA v. Arkansas Division of Correction, AR, Settlement, ADA Violation, 2025 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE ARKANSAS DIVISION OF CORRECTION DJ NO. 204-10-41 I. BACKGROUND 1. The parties to this Settlement Agreement are the United States of America (United States) and the Arkansas Division of …
Article • August 1, 2025 • from CLN August, 2025
Filed under: Habeas Corpus, AEDPA
Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA by Douglas Ankney In a case of first impression, the United States Court of Appeals for …
Article • April 15, 2025 • from CLN May, 2025
Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies by Sagi Schwartzberg by Sagi Schwartzberg The United States Court of Appeals for the Ninth Circuit ruled that Eugene Allen Doerr satisfied the criteria set forth in Rhines v. Weber, 544 U.S. 269 …
Article • March 15, 2025 • from CLN April, 2025
How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review by Dale Chappell by Dale Chappell For prisoners who have exhausted their state postconviction options, the path to relief in federal court is filled with obstacles. Many assume that the only option …
Article • March 15, 2025 • from CLN April, 2025
SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process by Sam Rutherford by Sam Rutherford The Supreme Court of the United States clarified that it had already been clearly established …
Pennsylvania Supreme Court Announces Commonwealth Must Prove Beyond a Reasonable Doubt Offender Knew of SORNA Registration Obligations for Failure to Register Conviction by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of Pennsylvania held that, to support a conviction for failure to register as a sex offender, the Commonwealth is …
Article • February 1, 2025 • from CLN February, 2025
Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA by Dale Chappell by Dale Chappell If you’re reading this, you’re probably looking to understand how to challenge your state court conviction in federal court. Federal habeas corpus petitions give you that chance, but since 1996, the path has gotten …
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 • October 1, 2024 • from CLN October, 2024
California Court of Appeal Announces Crime Defendant ‘Was Convicted’ of, Not Crime ‘Could Have Been Convicted’ of Today, Governs Eligibility for Removal From Sex Offender Registry by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, held that a defendant convicted in 1985 of lewd …
Article • July 15, 2024 • from CLN July, 2024
Eleventh Circuit Reverses District Court’s Grant of Habeas Relief, Notes It’s ‘Murky on When Putting Two Suspects in a Room Together Qualifies as Interrogation Under Miranda’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit reversed the U.S. District Court for the Southern District …
Article • July 15, 2024 • from CLN July, 2024
Sixth Circuit Grants Habeas Relief on Ineffective Assistance of Counsel and Batson Claims by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Sixth Circuit affirmed the U.S. District Court for the Eastern District of Michigan’s order granting a Michigan prisoner’s petition for writ of habeas corpus …
Article • May 15, 2024 • from CLN May, 2024
Filed under: Habeas Corpus, AEDPA
Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell by We are writing to inform our readers about a serious error regarding the above-titled Column published in the February 2024 issue of Criminal Legal News. We are retracting the Column in its entirety. We sincerely apologize for …
Article • May 15, 2024 • from CLN May, 2024
Filed under: Habeas Corpus, AEDPA
The Death of the Savings Clause by Dale Chappell by Dale Chappell As most federal prisoners know, the so-called “Savings Clause” under 28 U.S.C. § 2255(e) is now dead in the wake of the ultra-conservative Supreme Court’s questionable decision in Jones v. Hendrix, 143 S. Ct. 1857 (2023). If you’re not …
Article • April 15, 2024 • from CLN April, 2024
Filed under: Resources, Habeas Corpus, AEDPA
Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners by Dale Chappell by Dale Chappell In the name of finality, federal courts are reluctant to undo criminal judgments of the state courts—especially repeated attempts by petitioners to do so under federal habeas corpus. When the Antiterrorism and Effective …
Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Eighth Circuit announced that the categorical approach applies to the tier analysis of the Sex Offender Registration and Notification Act (“SORNA”), …
Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit made the rare decision to order an evidentiary …
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