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Third Circuit: Despite ‘Expressly and Repeatedly’ Requesting Low-End Sentence, Government Breached Plea Agreement by Emphasizing ‘Heinous’ Nature of Offense and Presenting Victim-Impact Evidence at Se...
Article • December 1, 2024 • from CLN December, 2024
Filed under: U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Reduction of Sentence, Proffer Agreements/Statements/Sessions
Third Circuit: Despite ‘Expressly and Repeatedly’ Requesting Low-End Sentence, Government Breached Plea Agreement by Emphasizing ‘Heinous’ Nature of Offense and Presenting Victim-Impact Evidence at Sentencing Thereby Undermining Recommendation by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit held that the Government breached its promise …
Angola Prisoners Granted Limited Relief From “Farm Line” Work
Article • November 15, 2024 • from CLN November, 2024
Filed under: Prison Labor, Grounds for Relief, Fair Labor Standards Act (FLSA)
Angola Prisoners Granted Limited Relief From “Farm Line” Work by "No one truly knows a nation until one has been inside its jails,” Nelson Mandela once wrote. That was also the quote chosen by Judge Brian A. Jackson of the U.S. District Court for the Middle District of Louisiana in …
Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand an...
Article • October 1, 2024 • from CLN October, 2024
Filed under: Procedural Default/Error, Right to Testify, Right to Testify/Remain Silent
Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that the complete and wrongful denial of criminal defendant John …
New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own De...
Article • June 15, 2024 • from CLN June, 2024
Filed under: Bad Acts Evidence, Prior Crimes, Other Crimes/Bad Acts Evidence, Sex Cases - Evidence of Similar Crimes and Acts, Other Crimes Evidence, Right to Testify, Right to Testify/Remain Silent, Defendant's Right to Testify
New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense by Richard Resch by Richard Resch The Court of Appeals of New York reversed Harvey Weinstein’s convictions for …
First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand
Article • January 15, 2024 • from CLN January, 2024
Filed under: Mandate Rule, Sua Sponte Changes, Principle of Party Presentation, Plain Error, Miscalculation of the Guidelines Sentencing Range, Reduction of Sentence
First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand by Richard Resch by Richard Resch In a case of first impression, the U.S. Court of Appeals for the First Circuit held that it may raise sua …
Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing
Article • December 15, 2023 • from CLN December, 2023
Filed under: U.S. Sentencing Guidelines, Fair Sentencing Act of 2010, Sentencing Findings, Miscalculation of the Guidelines Sentencing Range
Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit held a District Court commits “procedural error by failing to appreciate the scope …
Fourth Circuit Vacates Denial of First Step Act Relief Where Record Unclear Whether District Court Considered All Nonfrivolous Arguments Raised by Defendant
Article • November 1, 2023 • from CLN November, 2023
Filed under: First Step Act, Policy Considerations, Reduction of Sentence
Fourth Circuit Vacates Denial of First Step Act Relief Where Record Unclear Whether District Court Considered All Nonfrivolous Arguments Raised by Defendant by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit vacated the denial of a motion seeking a sentence reduction under § 404(b) of …
Seventh Circuit: Postconviction Relief Petition Still Pending in Illinois Court 20 Years After Filing Entitles Petitioner to Seek Federal Habeas Relief Without First Exhausting State Remedies
Article • August 1, 2023 • from CLN August, 2023
Filed under: Habeas Corpus, Exhaustion of Remedies, Grounds for Relief
Seventh Circuit: Postconviction Relief Petition Still Pending in Illinois Court 20 Years After Filing Entitles Petitioner to Seek Federal Habeas Relief Without First Exhausting State Remedies by Richard Resch by Richard Resch The U.S. Court of Appeals for the Seventh Circuit held that because petitioner’s Illinois postconviction relief petition had …
California Court of Appeal: Counsel and Sentencing Court’s Misadvisement of Plea’s Immigration Consequences Require Relief From Conviction
Article • August 1, 2023 • from CLN August, 2023
Filed under: Ineffective Assistance of Counsel, Enforcement of Immigration Laws, Grounds for Relief
California Court of Appeal: Counsel and Sentencing Court’s Misadvisement of Plea’s Immigration Consequences Require Relief From Conviction by David Reutter by David M. Reutter The Court of Appeal of California, Second Appellate District, vacated a defendant’s conviction after finding the immigration consequences were not understood when he entered a plea …
First Circuit: Plain Error Where District Court Based Upward Variant From Sentencing Guidelines Range on New Information Not Already in the Record at the Time of Sentencing
Article • June 15, 2023 • from CLN July, 2023
Filed under: U.S. Sentencing Guidelines, Grounds for Variance, Grounds for Relief
First Circuit: Plain Error Where District Court Based Upward Variant From Sentencing Guidelines Range on New Information Not Already in the Record at the Time of Sentencing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit found plain error where the U.S. District Court …
Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief
Article • May 15, 2023 • from CLN June, 2023
Filed under: Death Penalty, Scope of Forfeiture, Grounds for Relief
Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief by Dale Chappell by Dale Chappell Refusing to uphold an unconstitutional death sentence, the U.S. Court of Appeals for the Fourth Circuit held on March 22, 2023, that the State’s forfeiture of a procedural defense in …
Seventh Circuit: Sentencing Court’s ‘Inoculating Statement’ Regarding Potential Guidelines Miscalculation Failed to Satisfy Conditions of Abbas
Article • November 15, 2022 • from CLN December, 2022
Filed under: U.S. Sentencing Guidelines, Miscalculation of the Guidelines Sentencing Range
Seventh Circuit: Sentencing Court’s ‘Inoculating Statement’ Regarding Potential Guidelines Miscalculation Failed to Satisfy Conditions of Abbas by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit remanded to the U.S. District Court for the Central District of Illinois for resentencing where that court’s inoculating statement …
U.S. District Court Grants Compassionate Release Based Entirely on Nearly Three-Decade-Old Sentencing Error, Reduces Life Sentence
Article • July 15, 2021 • from CLN August, 2021
Filed under: AEDPA, Miscalculation of the Guidelines Sentencing Range, Compassionate Release
U.S. District Court Grants Compassionate Release Based Entirely on Nearly Three-Decade-Old Sentencing Error, Reduces Life Sentence by Dale Chappell by Dale Chappell Citing a sentencing error from 27 years ago, the U.S. District Court for the District of Massachusetts granted compassionate release to a man serving a life sentence for …
Seventh Circuit: Sentences for ‘Non-Covered’ Offenses Can Also Be Reduced Under First Step Act
Article • September 15, 2020 • from CLN October, 2020
Filed under: First Step Act, De Novo Resentencing, Fair Sentencing Act of 2010, Miscalculation of the Guidelines Sentencing Range
Seventh Circuit: Sentences for ‘Non-Covered’ Offenses Can Also Be Reduced Under First Step Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit ruled on July 22, 2020, that when a “covered offense” under the First Step Act is reduced, a non-covered offense may …
South Carolina Supreme Court: Failure to Give Logan Instruction Not Harmless Error Where Evidence Almost Entirely Circumstantial
Article • September 15, 2020 • from CLN October, 2020
Filed under: Grounds for Relief, Failure to Instruct on Materiality as an Element of Crime
South Carolina Supreme Court: Failure to Give Logan Instruction Not Harmless Error Where Evidence Almost Entirely Circumstantial by Douglas Ankney by Douglas Ankney The Supreme Court of South Carolina held that a trial court’s failure to charge the jury with the circumstantial evidence instruction from State v. Logan, 747 S.E.2d …
Perjurous New York City Cop Sentenced to a Single Day in Jail
Article • June 15, 2020 • from CLN July, 2020
Filed under: Perjured Testimony
Perjurous New York City Cop Sentenced to a Single Day in Jail by Edward Lyon by Ed Lyon Pedro Barbosa lives in New York City. Michael Bergmann is a former New York City cop who was fired from the force for providing false testimony in court that could have sent …
Second Circuit: Three Important Rulings Under First Step Act
Article • June 15, 2020 • from CLN July, 2020
Filed under: Probation, Parole & Supervised Release, Miscalculation of the Guidelines Sentencing Range
Second Circuit: Three Important Rulings Under First Step Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit made three important favorable rulings on April 24, 2020, concerning relief under the First Step Act for career offenders, those who get released while their motion …
Federal District Court Finds ‘Confusion’ Over Law in State Court Excused Late Filing of § 2255 Motion
Article • May 15, 2020 • from CLN June, 2020
Filed under: U.S. Sentencing Guidelines, Miscalculation of the Guidelines Sentencing Range
Federal District Court Finds ‘Confusion’ Over Law in State Court Excused Late Filing of § 2255 Motion by Dale Chappell by Dale Chappell Finding confusion in the state courts over the status of the law and obstacles put in place by the federal prison system that hindered filing for relief, …
U.S. Supreme Court Rejects Fifth Circuit’s Rule Barring Plain-Error Review of Unpreserved Factual Arguments
Article • May 15, 2020 • from CLN June, 2020
Filed under: Grounds for Relief
U.S. Supreme Court Rejects Fifth Circuit’s Rule Barring Plain-Error Review of Unpreserved Factual Arguments by Dale Chappell by Dale Chappell In an opinion that amounted to just three paragraphs, the Supreme Court of the United States held on March 23, 2020, that the Fifth Circuit’s rule barring plain error review …
Seventh Circuit Vacates Sentence for Failure to Explain Extreme Departure of Guidelines Range
Article • April 15, 2020 • from CLN May, 2020
Filed under: Miscalculation of the Guidelines Sentencing Range
Seventh Circuit Vacates Sentence for Failure to Explain Extreme Departure of Guidelines Range by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Seventh Circuit vacated a defendant’s sentence because the district court failed to explain its reasoning for a 160 percent upward departure on remand where …