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SCOTUS Announces Sentence ‘Has Not Been Imposed’ 
for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment 
but Sentence Subsequently Va...
Article • August 1, 2025 • from CLN August, 2025
Filed under: Retroactivity, First Step Act, Resentencing, Recidivist Enhancements, Stacking Mandatory Minimum Sentences
SCOTUS Announces Sentence ‘Has Not Been Imposed’ for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment but Sentence Subsequently Vacated by Richard Resch The Supreme Court of the United States held that when an offender convicted under § 924(c) had been sentenced …
California Court of Appeal: Trial Court Misconstrued Elements 
of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing
Article • August 1, 2025 • from CLN August, 2025
Filed under: Murder/Felony Murder, Resentencing, Failure to Prove
California Court of Appeal: Trial Court Misconstrued Elements of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing by Sagi Schwartzberg The Court of Appeal for California, Fifth Appellate District, held that petitioner Tramell Vernon Taylor was entitled to resentencing on his …
Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant
Article • April 15, 2025 • from CLN May, 2025
Filed under: U.S. Sentencing Guidelines, Resentencing, Bank Fraud/Robbery/Theft, Probation, Parole & Supervised Release, Eligibility for Parole
Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of Arkansas, in two companion cases, held that there was no designation in Appellant’s sentencing order to § 16-93-609 of the Arkansas Code Annotated …
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 …
Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction
Article • February 15, 2025 • from CLN March, 2025
Filed under: Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment
Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction by Sam Rutherford by Sam Rutherford The Supreme Judicial Court of Massachusetts vacated a threat-based conviction because the jury instructions provided setting forth the elements …
California Court of Appeal Announces Youthful Defendants Sentenced to Terms ‘Functionally Equivalent’ to LWOP Entitled to Resentencing Under § 1170(d)
Article • February 1, 2025 • from CLN February, 2025
Filed under: Life without Parole (LWOP), Resentencing, Juvenile Offenses/Offenders
California Court of Appeal Announces Youthful Defendants Sentenced to Terms ‘Functionally Equivalent’ to LWOP Entitled to Resentencing Under § 1170(d) by Sam Rutherford by Sam Rutherford The California Court of Appeal, Second Appellate District, held that youthful defendants who receive sentences that are “functionally equivalent” to sentences of life without …
First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners
Article • February 1, 2025 • from CLN February, 2025
Filed under: First Step Act, Resentencing, Credits
First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners by Jo Ellen Nott by Jo Ellen Nott The First Step Act (“FSA”), enacted in 2018, aimed to reduce recidivism and reform federal sentencing practices. A recent report by the Council on Criminal Justice (“CCJ”) showed modest …
California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing
Article • December 1, 2024 • from CLN December, 2024
Filed under: U.S. Sentencing Guidelines, Resentencing, Sentence Enhancements/Departures
California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing by Sam Rutherford by Sam Rutherford The Supreme Court of California held that a trial court may not impose a sentencing enhancement that was neither pleaded and found true by the trier of …
Mississippi Supreme Court: Defendant’s Guilty Plea Not Knowing and Voluntary Because He Was Not Informed of His Habitual Offender Status
Article • December 1, 2024 • from CLN December, 2024
Filed under: Resentencing, De Facto Career Offender, Knowingly and Voluntarily Made
Mississippi Supreme Court: Defendant’s Guilty Plea Not Knowing and Voluntary Because He Was Not Informed of His Habitual Offender Status by Sam Rutherford by Sam Rutherford The Supreme Court of Mississippi held that a defendant’s guilty plea to two forged prescription drug charges was not knowing and voluntary because he …
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
Article • December 1, 2024 • from CLN December, 2024
Filed under: Resentencing, De Novo Resentencing, Remands/Rehearings/Resentencings
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 …
State v. Trejo, FL, Juvenile Resentencing Order, Miller Resentencing, 2024
Brief • August 20, 2024
Filed under: Resentencing, De Novo Resentencing, Juvenile Offenses/Offenders, Punishment
State v. Trejo, FL, Juvenile Resentencing Order, Miller Resentencing, 2024 Filing # 205089436 E-Filed 08/20/2024 09:17:08 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA STATE OF FLORIDA, CASE NO.:50-2007-CF-017817-JXXX-MB CRIMINAL DIVISION (S) – Circuit vs. ROBERTO TREJO, Defendant. _______________________________/ JUVENILE RESENTENCING …
Louisiana Supreme Court Finds Prosecution Withheld Favorable Impeachment and Exculpatory Evidence in Violation of Brady
Article • August 1, 2024 • from CLN August, 2024
Filed under: Exculpatory No Doctrine, Resentencing, Evidence - Failure to Disclose, Remands/Rehearings/Resentencings
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. …
Fourth Circuit Announces ‘Sentencing Package Doctrine’ Permits District Court to Resentence Both Covered and Noncovered Offenses Under First Step Act
Article • July 15, 2024 • from CLN July, 2024
Filed under: First Step Act, Resentencing, De Novo Resentencing
Fourth Circuit Announces ‘Sentencing Package Doctrine’ Permits District Court to Resentence Both Covered and Noncovered Offenses Under First Step Act by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Fourth Circuit ruled that District Courts have discretion to reduce sentences for both covered and noncovered offenses …
Colorado Supreme Court Announces First Degree Criminal Trespass of Dwelling Is Lesser-Included Offense of Second Degree Burglary, Explicitly Overruling Garcia, and Merger Is Remedy for Double Jeopardy...
Article • July 15, 2024 • from CLN July, 2024
Filed under: Double jeopardy, Resentencing
Colorado Supreme Court Announces First Degree Criminal Trespass of Dwelling Is Lesser-Included Offense of Second Degree Burglary, Explicitly Overruling Garcia, and Merger Is Remedy for Double Jeopardy Sentencing Error by Sam Rutherford by Sam Rutherford   The Supreme Court of Colorado held that convictions for second-degree burglary and first-degree criminal …
California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law
Article • May 15, 2024 • from CLN May, 2024
Filed under: Resentencing, De Novo Resentencing, Right to be Present
California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law by David Reutter by David M. Reutter The Court of Appeal of California, Fourth District, held that a violation of a prisoner’s constitutional and statutory rights to be personally present at …
California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing ...
Article • May 15, 2024 • from CLN May, 2024
Filed under: Resentencing
California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction by Douglas Ankney by Douglas Ankney The Supreme Court of California held that a jury’s …
California Court of Appeal Reverses Denial of Full Resentencing Under SB 483
Article • March 15, 2024 • from CLN March, 2024
Filed under: Resentencing, De Novo Resentencing
California Court of Appeal Reverses Denial of Full Resentencing Under SB 483 by Matthew Clarke by Matt Clarke The Court of Appeal of California, Sixth Appellate District, issued an opinion reversing a trial court’s refusal to apply Senate Bill (“SB”) 483 to a previously-remanded sentence. It also held that the …
California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6
Article • March 15, 2024 • from CLN March, 2024
Filed under: Resentencing, De Novo Resentencing, Right to be Present
California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6 by David Reutter by David M. Reutter The Court of Appeal of California, Fourth Appellate District, held that a prisoner’s constitutional and statutory rights …
Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated
Article • February 15, 2024 • from CLN February, 2024
Filed under: U.S. Sentencing Guidelines, Resentencing, Revocation/Modification of Probation, etc., Revocation Proceedings
Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Fifth Circuit held that a defendant’s revocation sentences were nullified after the underlying sentence of which they were a part was …
Sixth Circuit: Trial Judge’s Personal and Condemnatory Remarks Directed Toward Defendant Requires Recusal
Article • January 15, 2024 • from CLN January, 2024
Filed under: Different Judge, Appearance of Justice/Impartiality, Comments by Judge
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 …
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