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Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit upheld the U.S. …
Federal Sentencing Guidelines Undergo Substantial Amendments by David Reutter by David M. Reutter The United States Sentencing Commission (“Commission”) adopted nine amendments to the Federal Sentencing Guidelines (“Guidelines”) that became effective on November 1, 2023. It’s the first action by the Commission since it lost a quorum in early 2019. …
Texas Supreme Court Announces Factual-Sufficiency Standard of Review in SVP Determinations by Douglas Ankney by Douglas Ankeny The Supreme Court of Texas announced the standard governing factual-sufficiency review of a finding that a person is a sexually violent predator (“SVP”). In 2004, Jeffery Lee Stoddard pleaded guilty to two counts …