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Fourth Circuit Announces Sentencing Disparity 
Between Defendant and Co-Defendants Alone Constitutes ‘Extraordinary and Compelling’ Reason Sufficient 
to Justify Compassionate Release
Article • August 1, 2025 • from CLN August, 2025
Filed under: Sentencing Disparity, Failure To Consider Disparity, Length of Co-Defendant's Sentence, Disparity Among Co-Defendants, Compassionate Release
Fourth Circuit Announces Sentencing Disparity Between Defendant and Co-Defendants Alone Constitutes ‘Extraordinary and Compelling’ Reason Sufficient to Justify Compassionate Release by David Kim The United States Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Eastern District of Virginia did not abuse its discretion …
Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity 
Due to Which State’s Statu...
Article • May 15, 2025 • from CLN June, 2025
Filed under: Sentencing, Failure To Consider Disparity, Federal-State Differences/Disparity/Conflicts, Disparity in Charging/Sentencing Practices
Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon by Anthony Accurso The United States Court of Appeals for the Fourth Circuit held that the U.S. District Court for the …
Fingerprints as New Drug-Detection Method
Article • May 15, 2025 • from CLN June, 2025
Filed under: Drug Testing/Treatment Programs, Fingerprint Evidence, Drug Laws/Offenses
Fingerprints as New Drug-Detection Method by James Mills by James Mills When law enforcement wants to screen a person for drug use, they usually must collect some kind of invasive physical sample from the suspect. Urine, blood, and hair are all common choices. Now drug use may soon be detectable …
Cops’ Lie-Detecting Delusion: They Can’t Spot Lies Based on Nonverbal Cues or ‘Abnormal’ Behavior—Yet Keep Lying to Themselves (and Ruining Lives) That They Can
Article • April 15, 2025 • from CLN May, 2025
Filed under: junk science, Aberrant Behavior, Violent anti-social behavior, Lie Detector Tests
Cops’ Lie-Detecting Delusion: They Can’t Spot Lies Based on Nonverbal Cues or ‘Abnormal’ Behavior—Yet Keep Lying to Themselves (and Ruining Lives) That They Can by David Kim by David Kim From the earliest forms of human communication, deception has been an inescapable part of social interaction. People lie—frequently and for …
California Court of Appeal: Statistical Evidence Showing Racial Disparity Combined With Evidence Showing Non-Minority Defendants Charged With Lesser Crimes Establishes Prima Facie Case Under Californi...
Article • June 15, 2024 • from CLN June, 2024
Filed under: Racial Discrimination, Racial Profiling, Charging Decisions, Disparity in Charging/Sentencing Practices
California Court of Appeal: Statistical Evidence Showing Racial Disparity Combined With Evidence Showing Non-Minority Defendants Charged With Lesser Crimes Establishes Prima Facie Case Under California Racial Justice Act by Douglas Ankney by Douglas Ankney   The Court of Appeal of California, Fourth Appellate District, held that “if a defendant provides …
Survey: Why Defendants Cooperate with the Government in a Process Described as ‘Unfair’ by Defense Attorneys
Article • January 15, 2024 • from CLN January, 2024
Filed under: Commentary/Reviews, Reviews, Cooperation - Extraordinary, Cooperation with Local Authorities, Pleas Linked to Cooperation, Cooperation Agreements
Survey: Why Defendants Cooperate with the Government in a Process Described as ‘Unfair’ by Defense Attorneys by Douglas Ankney by Douglas Ankney “Cooperation is a horrible thing for clients. Doing law enforcement’s job and requiring someone to bargain for their freedom encourages an ugly, unfair, and unjust system to become …
State of New York Offices of the Inspector General-Investigation of the NYSDCCS Contraband Drug Testing Program-Nov. 2023
Publication • 2023
Filed under: Drug Treatment/Rehab, Drugs - Determination of, Drug Testing/Treatment Programs
State of New York Offices of the Inspector General-Investigation of the NYSDCCS Contraband Drug Testing Program-Nov. 2023 State of New York Offices of the Inspector General Investigation of the New York State Department of Corrections and Community Supervision Contraband Drug Testing Program November 2023 Lucy Lang Inspector General EXECUTIVE SUMMARY …
Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence
Article • May 15, 2023 • from CLN June, 2023
Filed under: Ineffective Assistance of Counsel, Pending Appeal/Sentencing, Sentencing Disparity
Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio ruled that Emile Weaver’s trial counsel was ineffective at her sentencing when he made mention of the term …
New Jersey Supreme Court: Youth May Be Considered as a Mitigating Factor but Not Aggravating Factor in Sentencing
Article • June 15, 2022 • from CLN July, 2022
Filed under: Juvenile Offenses/Offenders, Combination of Factors/Totality of Circumstances
New Jersey Supreme Court: Youth May Be Considered as a Mitigating Factor but Not Aggravating Factor in Sentencing by David Reutter by David M. Reutter The Supreme Court of New Jersey held that a defendant’s youth may be considered only as a mitigating factor in sentencing and cannot support an …
Investigation of NY State Dept of Corrections and Community Supervision Incarcerated Individual Drug Testing Program - Jan 2022
Publication • 2022
Filed under: Drug Testing/Treatment Programs
Investigation of NY State Dept of Corrections and Community Supervision Incarcerated Individual Drug Testing Program - Jan 2022 State of New York Offices of the Inspector General Investigation of New York State Department of Corrections and Community Supervision Incarcerated Individual Drug Testing Program January 2022 Lucy Lang Inspector General EXECUTIVE …
California Court of Appeal: Hearing on Discretionary Resentencing Under §1170.91(b)(1) for U.S. Servicemembers Requires Only That Petition Allege Defendant ‘May’ Be Suffering From a ‘Qualifying Condit...
Article • March 15, 2022 • from CLN April, 2022
Filed under: Resentencing, Drug or Alcohol Dependence
California Court of Appeal: Hearing on Discretionary Resentencing Under §1170.91(b)(1) for U.S. Servicemembers Requires Only That Petition Allege Defendant ‘May’ Be Suffering From a ‘Qualifying Condition’ by Douglas Ankney by Douglas Ankney The Court of Appeal, Fourth Appellate District, ruled that the defendant satisfied the statutory criteria of Cal. Penal …
Tenth Circuit: Where Defendant Actually Sentenced to Drug Treatment and Probation Rather Than 28-32 Months in Prison as Per State Sentencing Guidelines, Conviction Can’t Serve as Predicate ‘Felony’ f...
Article • March 15, 2022 • from CLN April, 2022
Filed under: U.S. Sentencing Guidelines, Firearms Owners' Protection Act, In Connection With Another Felony Offense, Drug Testing/Treatment Programs, Probation, Parole & Supervised Release
Tenth Circuit: Where Defendant Actually Sentenced to Drug Treatment and Probation Rather Than 28-32 Months in Prison as Per State Sentencing Guidelines, Conviction Can’t Serve as Predicate ‘Felony’ for 18 U.S.C. § 922(g)(1) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held that …
Missouri Supreme Court: IAC Where Guilty Plea Based on Counsel’s Assurance Defendant Eligible for Drug Treatment Program When, as Matter of Law, Ineligible
Article • November 15, 2021 • from CLN December, 2021
Filed under: Counsel - Effective Assistance of, Drug Testing/Treatment Programs
Missouri Supreme Court: IAC Where Guilty Plea Based on Counsel’s Assurance Defendant Eligible for Drug Treatment Program When, as Matter of Law, Ineligible by David Reutter by David M. Reutter The Supreme Court of Missouri held that a defendant’s guilty plea was the result of ineffective assistance of counsel due …
Decision Not to Prosecute May Reduce Chance of Recidivism
Article • August 15, 2021 • from CLN September, 2021
Filed under: Deterrence/Recidivism
Decision Not to Prosecute May Reduce Chance of Recidivism by Kevin Bliss by Kevin Bliss Politics professor at New York University Anna Harvey, Rutgers University economist Amanda Agan, and Texas A&M economist Jennifer Doleac conducted a study January of 2019 intended to show that the decision not to pursue prosecution …
Tenth Circuit: District Courts Have Authority to Decide What Constitutes ‘Extraordinary and Compelling Reasons’ for Compassionate Release After First Step Act
Article • June 15, 2021 • from CLN July, 2021
Filed under: First Step Act, Hardship - Extraordinary, Compassionate Release
Tenth Circuit: District Courts Have Authority to Decide What Constitutes ‘Extraordinary and Compelling Reasons’ for Compassionate Release After First Step Act by Dale Chappell by Dale Chappell In a case that received much attention in the compassionate release arena, the U.S. Court of Appeals for the Tenth Circuit held on …
Washington Supreme Court Reaffirms Workman’s Lesser Included Offense Test and Clarifies Confusion in its Application
Article • May 15, 2021 • from CLN June, 2021
Filed under: Civil Rights Actions or Offenses/Bivens Actions, Lesser Harms
Washington Supreme Court Reaffirms Workman’s Lesser Included Offense Test and Clarifies Confusion in its Application by Douglas Ankney by Douglas Ankney The Supreme Court of Washington reaffirmed that State v. Workman, 584 P.2d 382 (Wash. 1978), provides the appropriate test in determining whether a defendant is entitled to a lesser …
Seventh Circuit Exercises Supervisory Powers in Reversing District Court’s Judgment Revoking Supervised Release
Article • April 15, 2021 • from CLN May, 2021
Filed under: Drug Testing/Treatment Programs, Sentence
Seventh Circuit Exercises Supervisory Powers in Reversing District Court’s Judgment Revoking Supervised Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit exercised its supervisory powers authorizing it to reverse the U.S. District Court for the Central District of Illinois’s order that revoked Anthony …
Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute
Article • January 15, 2021 • from CLN February, 2021
Filed under: U.S. Sentencing Guidelines, Lesser Harms, Predicate Acts/Offenses
Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute by Douglas Ankney by Douglas Ankney The Supreme Court of Illinois ruled that the predicate offenses of the home invasion statute, 720 ILCS 5/12-11 et seq., are lesser-included offenses of that statute. A …
Study Sheds Light on ‘Recidivism’ and Probation and Parole Violations
Article • May 15, 2020 • from CLN June, 2020
Filed under: Deterrence/Recidivism, Revocation Proceedings
Study Sheds Light on ‘Recidivism’ and Probation and Parole Violations by Dale Chappell by Dale Chappell While this country has the highest rate of incarceration in the world, with 2.3 million of its residents in prison, it also has the alarmingly high rate of people on probation or parole: 4.5 …