Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia ruled that defense counsel was ineffective for failing to argue that self-defense is a …

10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s sentence where the U.S. District Court for the District of Colorado improperly applied a Guidelines …

Massachusetts Supreme Judicial Court: Criminal Record Alone Does Not Justify Patfrisk, Gun Discovered in Waistband Suppressed by Jacob Barrett by Jacob Barrett The Supreme Judicial Court of Massachusetts upheld a Superior Court’s order granting a motion to suppress a firearm that was discovered during an unlawful patfrisk because the motorist’s …

Texas Court of Criminal Appeals: Under State Felon in Possession of Firearm Statute, Possessing Multiple Firearms Simultaneously Constitutes One Offense, Not Multiple by Douglas Ankney by Douglas Ankney The Court of Criminal Appeals of Texas held that possession of a firearm by a convicted felon is a “circumstances offense;” consequently, …

SCOTUS: Rehaif Error Doesn’t Automatically Require Reversal of Conviction, Plain-Error Test Must Be Satisfied for Re-lief by Dale Chappell by Dale Chappell   The Supreme Court of the United States (“SCOTUS”) held that for felon-in-possession cases, a Rehaif error does not establish a basis for plain-error relief unless the defendant …

Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held on September 17, 2020, that the Supreme Court’s ruling adding a “knowing” element to a statute requires automatic dismissal of an indictment that lacked that …

Kansas Supreme Court Announces Residual Clause of Law Prohibiting Knife Possession by Felons Unconstitutionally Vague by Anthony Accurso by Anthony Accurso In a decision issued on July 17, 2020, the Supreme Court of Kansas struck the residual clause of the state’s statute prohibiting possession of a knife by a convicted …

Tenth Circuit: District Court Plainly Erred in Giving Erroneous Constructive Possession of Firearm Instruction, Conviction Reversed by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit reversed Fernando Miguel Samora’s conviction for being a felon in possession of a firearm because the U.S. District Court …