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Blindfolded Juries, Coerced Convictions: 
Why Prosecutors Often Win Before Trials Even Begin
Article • May 15, 2025 • from CLN June, 2025
Filed under: Jurors and Juries, Mandatory Minimum Sentence, Stacking Mandatory Minimum Sentences
Blindfolded Juries, Coerced Convictions: Why Prosecutors Often Win Before Trials Even Begin by Clark Neily This article was originally published by the Cato Institute at cato.org. It has been reprinted with permission.   The Bill of Rights dedicates more words to the resolution of criminal charges than any other subject, …
Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defend...
Article • December 15, 2024 • from CLN January, 2025
Filed under: Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Mandatory Minimum Sentence, Plea Agreements/Guilty Pleas, Rejection
Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defendant About Mandatory Sentences If Plea Offer Rejected by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third …
Ohio Supreme Court: Amendment to Statute That Shifts Burden of Proof to State Regarding Self-Defense Applies to All Pending and New Trials After Effective Date, Regardless of When Alleged Crime Occurr...
Article • September 15, 2022 • from CLN October, 2022
Filed under: Retroactivity, Burden of Proof
Ohio Supreme Court: Amendment to Statute That Shifts Burden of Proof to State Regarding Self-Defense Applies to All Pending and New Trials After Effective Date, Regardless of When Alleged Crime Occurred by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held that 2018 House Bill 228’s (“H.B. 228”) …
Seventh Circuit Vacates Sentence Because Government Failed to Meet Its Burden to Support Uncharged Drug Quantity Under Rule 32
Article • August 9, 2022 • from CLN August, 2022
Filed under: Burden of Proof, Drugs - Determination of
Seventh Circuit Vacates Sentence Because Government Failed to Meet Its Burden to Support Uncharged Drug Quantity Under Rule 32 by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit admonished that “sentencing proceedings are not a free-for-all” and vacated Edward Gibbs’ sentence where the requirements …
Colorado Supreme Court Announces ‘Reasonable Likelihood’ Framework for Determining Whether Trial Court’s Comments to Prospective Jurors Lowered Prosecution’s Burden of Proof
Article • July 15, 2022 • from CLN August, 2022
Filed under: Jury Instructions in Jury Room, Burden of Proof, Improper Comment
Colorado Supreme Court Announces ‘Reasonable Likelihood’ Framework for Determining Whether Trial Court’s Comments to Prospective Jurors Lowered Prosecution’s Burden of Proof by Douglas Ankney by Douglas Ankney In companion cases, the Supreme Court of Colorado adopted the functional “reasonable likelihood” framework for determining whether a trial court’s comments to prospective …
The Many Roads to Relief Under Borden
Article • August 15, 2021 • from CLN September, 2021
Filed under: Mandatory Minimum Sentence, Possession or Use of Firearms
The Many Roads to Relief Under Borden by Dale Chappell by Dale Chappell In yet another case, the Supreme Court of the United States (“SCOTUS”) whittles away at the Armed Career Criminal Act (“ACCA”), this time narrowing what qualifies as a “violent felony” to impose the harsh 15-year minimum penalty …
Colorado Supreme Court: Felony DUI Conviction Requires ‘Mandatory Sentencing’ Triggering Right to Preliminary Hearing
Article • November 15, 2020 • from CLN December, 2020
Filed under: DUI, Mandatory Minimum Sentence
Colorado Supreme Court: Felony DUI Conviction Requires ‘Mandatory Sentencing’ Triggering Right to Preliminary Hearing by Anthony Accurso   by Anthony Accurso  The Supreme Court of Colorado, proceeding from original jurisdiction on appeal from a district court, held that the district court erred in denying a preliminary hearing to a defendant …
South Carolina Supreme Court Rejects U.S. Supreme Court’s Shifting of Burden to Defendant to Prove Absence of Exigent Circumstances in DUI Cases
Article • June 15, 2020 • from CLN July, 2020
Filed under: Exigent Circumstances, Warrantless Searches, Burden of Proof
South Carolina Supreme Court Rejects U.S. Supreme Court’s Shifting of Burden to Defendant to Prove Absence of Exigent Circumstances in DUI Cases by Douglas Ankney by Douglas Ankney The Supreme Court of South Carolina rejected the U.S. Supreme Court’s ruling in Mitchell v. Wisconsin, 139 S. Ct. 2525 (2019), to …
Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule
Article • June 15, 2020 • from CLN July, 2020
Filed under: Habeas Corpus, U.S. Sentencing Guidelines, Mandatory Minimum Sentence
Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on March 4, 2020, that the savings clause of 28 U.S.C. § 2255(e) is available even if based on …
Fifth Circuit Finds IAC for Failure to Object to Court’s Jury Instructions that Constructively Amended Indictment by Lowering Government’s Burden of Proof
Article • May 15, 2020 • from CLN June, 2020
Filed under: Ineffective Assistance of Counsel, Jurors and Juries, Burden of Proof
Fifth Circuit Finds IAC for Failure to Object to Court’s Jury Instructions that Constructively Amended Indictment by Lowering Government’s Burden of Proof by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit ruled on March 31, 2020, that the district court’s constructive amendment to an …
Letter to Rep. Reed re Fentanyl Death Penalty Bill H.R. 6158 HELP Act of 2016, 2016
Publication • October 18, 2016
Filed under: Criminal justice system reform, Death Penalty/Death Row, Mandatory Minimum Sentence, De Facto Life Sentence
Letter to Rep. Reed re Fentanyl Death Penalty Bill H.R. 6158 HELP Act of 2016, 2016 October 18, 2016 The Honorable Tom Reed U.S. House of Representatives 2437 Rayburn House Office Building Washington, DC 20515 cc: Speaker Paul Ryan, Minority Leader Nancy Pelosi, Rep. Bob Goodlatte, Rep. John Conyers. RE: …