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Article • December 1, 2024 • from CLN December, 2024
Second Circuit Holds Full De Novo Resentencing Hearing Required Based on Partially Successful Habeas Petition Where Resentencing Judge Not Original Judge and Changed Circumstances Plausibly Alleged by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Second Circuit held that a prisoner was entitled to a full …
Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community by Anthony Accurso by Anthony W. Accurso The Supreme Court of Arizona held that a defendant’s third postconviction relief (“PCR”) motion was not untimely, nor …
Louisiana Supreme Court Finds Prosecution Withheld Favorable Impeachment and Exculpatory Evidence in Violation of Brady by Matthew Clarke The Supreme Court of Louisiana vacated four 23-year-old convictions and death sentences because the prosecution withheld impeachment and exculpatory evidence in violation of the defendant’s due process rights. In 2001, Darrell J. …
In re Complaint of Judicial Misconduct (Hon. Roger T. Benitez), CA, Order, Judicial Misconduct, 2024 Page 1 JUDICIAL COUNCIL OF THE NINTH CIRCUIT FILED MAY 1 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS IN RE COMPLAINT OF JUDICIAL MISCONDUCT Before: I. Nos. 23-90037 and 23-90041 ORDER MURGUIA, Chief …
Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that U.S. …
Kentucky Supreme Court: Trial Court Abused Discretion by ‘Rehabilitating’ Juror Who Indicated Could Not Be Impartial and Failing to Strike Juror by David Reutter by David M. Reutter The Supreme Court of Kentucky concluded a trial court abused its discretion by failing to find a juror had evinced “a reasonable …
Article • January 15, 2024 • from CLN January, 2024
Sixth Circuit: Trial Judge’s Personal and Condemnatory Remarks Directed Toward Defendant Requires Recusal by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that a trial judge’s personal and condemnatory remarks directed toward a defendant required recusal of the judge. Leron Liggins was charged …
Ninth Circuit: Government’s Inflammatory Arguments in Sentencing Memorandum and at Sentencing Hearing Implicitly Breached Plea Agreement Promise Not to Recommend Sentence in Excess of Low-End Guidelines Range by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit ruled that the Government’s inflammatory arguments in its …
Article • December 15, 2022 • from CLN January, 2023
Eighth Circuit: District Court Erred in Denying Government’s Motion to Dismiss Charges as Part of Plea Agreement by David Reutter by David M. Reutter The U.S. Court of Appeals for the Eighth Circuit held that the U.S. District Court for the District of South Dakota abused its discretion in rejecting …
Article • September 15, 2022 • from CLN October, 2022
New Mexico Supreme Court Announces Judicial Misconduct May Bar Retrial Under Double Jeopardy Clause of State Constitution by Douglas Ankney by Douglas Ankney In a case of first impression, theNew Mexico Supreme Court (“NMSC”) announced that judicial misconduct may bar retrial under the double jeopardy clause of the New Mexico …
Article • March 15, 2021 • from CLN April, 2021
Law Degree for South Carolina Magistrates Optional by Michael Fortino, Ph.D by Michael Fortino, Ph.D. In South Carolina, if your career plan is to become a licensed barber, you will need to satisfy about 1,500 hours of coursework. However, in this same state, if you aspire to be a state …
Article • January 15, 2021 • from CLN February, 2021
Eleventh Circuit: District Court ‘Mischaracterizing’ Habeas Claim Left Claim Unresolved in Violation of Clisby, Requiring Remand by Dale Chappell by Dale Chappell In a case reiterating the Court’s hard rule that every claim must be addressed in a habeas petition before it is disposed, the U.S. Court of Appeals for …
Did Two Judges Violate Ethics in Florida Voting Rights Restoration Case? by Casey Bastian by Casey Bastian In 2018, Florida electors passed an amendment to the state constitution allowing the restoration of voting rights to residents convicted of felonies. The amendment, which does not apply to those convicted of murder …
Article • July 15, 2020 • from CLN August, 2020
California Court of Appeal: Trial Court Abused Discretion Denying Compassionate Release Where Statutory Criteria Are Met by Dale Chappell by Dale Chappell The Court of Appeal of California, Fourth Appellate District, held on April 30, 2020, that the trial court abused its discretion when it denied a motion for compassionate …