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California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Cer...

Article • February 15, 2025 • from CLN March, 2025

Filed under: Disclosure of Records, Police, Brady Violations, Murder/Felony Murder, Resentencing, Prior Conviction/Sentence/Incarceration, Evidence - Admissibility

California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions by Sam Rutherford by Sam Rutherford The California Court of Appeal, Sixth District, held that defendants are …

Federal Sentencing Guidelines Undergo Substantial Amendments

Article • January 15, 2024 • from CLN January, 2024

Filed under: U.S. Sentencing Guidelines, First Step Act, Violence Against Women Act, Criminal History, Qualifying Offenses, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation, Sexual Exploitation of Minors, Federally Protected Rights, Sexual Conduct with Minors, Sentences - Authorized, Safety Valve, Acceptance of Responsibility, Preservation of Judicial Resources, Legal or Factual Challenges - assertion of

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. …

West Virginia Supreme Court Announces in the Absence of a Deadline, Trial Court Must Permit Defendant to Stipule to Prior Conviction During Trial

Article • November 1, 2023 • from CLN November, 2023

Filed under: Prior Conviction/Sentence/Incarceration, Trial on Stipulated Facts, Consent of Counsel

West Virginia Supreme Court Announces in the Absence of a Deadline, Trial Court Must Permit Defendant to Stipule to Prior Conviction During Trial by Douglas Ankney by Douglas Ankney The Supreme Court of Appeals of West Virginia held that, where a trial court has not set a deadline for submitting …

Texas Court of Criminal Appeals: Adding Felony Counts by Amending Indictment Constitutes Addition of More Offenses

Article • March 15, 2023 • from CLN April, 2023

Filed under: U.S. Sentencing Guidelines, Qualifying Offenses, Civil Rights Actions or Offenses/Bivens Actions

Texas Court of Criminal Appeals: Adding Felony Counts by Amending Indictment Constitutes Addition of More Offenses by Douglas Ankney by Douglas Ankney The Court of Criminal Appeals of Texas ruled that adding felony counts to an indictment via an amended indictment constitutes the adding of additional offenses to the indictment …

Fifth Circuit: Aggravated Assault in Texas Does Not Qualify as Aggravated Felony Under 8 U.S.C. § 1326(b)(2), Reentry With Prior Aggravated Felony

Article • March 15, 2022 • from CLN April, 2022

Filed under: Prior Felony Information

Fifth Circuit: Aggravated Assault in Texas Does Not Qualify as Aggravated Felony Under 8 U.S.C. § 1326(b)(2), Reentry With Prior Aggravated Felony by Jacob Barrett by Jacob Barrett OnremandfromtheU.S. SupremeCourt, the Court of Appeals for the Fifth Circuit held in light of Borden v.United States,141 S. Ct. 1817 (2021), Alan …

California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes

Article • December 15, 2021 • from CLN January, 2022

Filed under: Juvenile Offenses/Offenders, Prior Felony Information, Relevant Conduct

California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes by Douglas Ankney by Douglas Ankney The California Court of Appeal, Fifth Appellate District, held that Superior Courts are to consider only the elements of a juvenile’s prior adjudicated …

California Court of Appeal: SB 136 Makes Plea Agreement Containing Prior Prison Enhancement Unenforceable

Article • February 15, 2021 • from CLN March, 2021

Filed under: Prior Conviction/Sentence/Incarceration, Validity of

California Court of Appeal: SB 136 Makes Plea Agreement Containing Prior Prison Enhancement Unenforceable by Douglas Ankney by Douglas Ankney Division Five of the First Appellate District of the California Court of Appeal held that Senate Bill No. 136 (“SB 136”) made unenforceable a plea agreement that contained a one-year …

Seventh Circuit: Prior Conviction Under Overbroad State Drug Statute May Be Used in Career Criminal Enhancement But Not For Prior Drug Crimes Enhancement

Article • November 15, 2020 • from CLN December, 2020

Filed under: Prior Conviction/Sentence/Incarceration, Drug Laws/Offenses

Seventh Circuit: Prior Conviction Under Overbroad State Drug Statute May Be Used in Career Criminal Enhancement But Not For Prior Drug Crimes Enhancement by Matthew Clarke by Matt Clarke On July 20, 2020, the U.S. Court of Appeals for the Seventh Circuit held that a prior state drug conviction under …

California Court of Appeal: ‘Violent Victim Rule’ Doesn’t Require Defendant to Have Had Knowledge of Victim’s Propensity for Violence

Article • October 15, 2020 • from CLN November, 2020

Filed under: Sentences Counted and Excluded, Identification Documents/Evidence

California Court of Appeal: ‘Violent Victim Rule’ Doesn’t Require Defendant to Have Had Knowledge of Victim’s Propensity for Violence by Douglas Ankney by Douglas Ankney Division Eight of the California Court of Appeal for the Second Appellate District held that a trial court abused its discretion when it excluded evidence …

Ninth Circuit: Use of Unconvicted Conduct Too Dissimilar to Charged Offense Violates Due Process

Article • October 15, 2020 • from CLN November, 2020

Filed under: Prior Conviction/Sentence/Incarceration, Denial of Due Process

Ninth Circuit: Use of Unconvicted Conduct Too Dissimilar to Charged Offense Violates Due Process by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held that the use of unconvicted criminal conduct that was too dissimilar to the charged offense to obtain a conviction violates …

Idaho Supreme Court Announces False Rape Allegations May Be Admitted Regardless of When Made

Article • October 15, 2020 • from CLN November, 2020

Filed under: Prior Conviction/Sentence/Incarceration, Credibility of Declarant

Idaho Supreme Court Announces False Rape Allegations May Be Admitted Regardless of When Made by Anthony Accurso by Anthony Accurso The Supreme Court of Idaho clarified the rule of evidence regarding the admissibility of prior false allegations of rape made by victims, announced a three-part test to assess the admissibility …