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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 Vacated by Richard Resch The Supreme Court of the United States held that when an offender convicted under § 924(c) had been sentenced …
Connecticut Supreme Court Announces Teague’s ‘Watershed’ Rule Exception to Nonretroactivity of New Constitutional Rule of Criminal Procedure on Collateral Review Has ‘Continued Vitality’ in Connecticut, Adoption of Third Exception to Teague’s Nonretroacti by Douglas Ankney by Douglas Ankney The Supreme Court of Connecticut held that the principles set forth in …
Article • December 15, 2024 • from CLN January, 2025
California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment by Sam Rutherford by Sam Rutherford The California Supreme Court held that the 2022 amendments to Penal Code § 1170, which limits a trial court’s ability to impose an upper-term sentence …
Article • October 1, 2024 • from CLN October, 2024
Sixth Circuit Strikes Retroactive Application of Parts of Tennessee’s Sweeping Sex Offender Registration, Verification, and Tracking Law by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Sixth Circuit overturned a ruling by the U.S. District Court for the Middle District of Tennessee, enjoining enforcement of Tennessee’s …
Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release by Dale Chappell by Dale Chappell F ederal courts have increasingly rejected the government’s argument that the U.S. Sentencing Commission lacked authority in implementing U.S. Sentencing Guidelines (“USSG”) § 1B1.13(b)(6). This provision, effective as of November 2023, …
Article • February 15, 2024 • from CLN February, 2024
New Mexico Supreme Court Announces Marquez’s Holding That ‘Crime of Shooting at or From Motor Vehicle Cannot Be Predicate Felony Supporting Charge of Felony Murder’ Is New Substantive Rule and Applies Retroactively by Douglas Ankney by Douglas Ankney The Supreme Court of New Mexico held that the holding of State …
Article • October 1, 2023 • from CLN October, 2023
Ninth Circuit Announces District Courts Have Discretion to Consider Non-­Retroactive Changes in Post-­Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit joined the First, Second, and Fourth Circuits in holding that when …
Article • April 15, 2023 • from CLN May, 2023
Filed under: Retroactivity
California Court of Appeal: Trial Court Erred by Concluding Senate Bill 1393 Does Not Apply to Cases Already Final on Appeal by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Sixth Appellate District, held that the trial court erred by denying recall of a prisoner’s sentence on …
Article • February 15, 2023 • from CLN March, 2023
Sixth Circuit Announces Nonretroactive Change in Sentencing Law Is Not an ‘Extraordinary and Compelling Reason’ Warranting a Sentence Reduction under Compassionate Release Statute by Douglas Ankney by Douglas Ankney A divided en banc U.S. Court of Appeals for the Sixth Circuit, in a 9 to 7 split, held that a …
Article • September 15, 2022 • from CLN October, 2022
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”) …
Article • August 15, 2022 • from CLN September, 2022
California Court of Appeal: Assembly Bill 124 Applies Retroactively and Includes Psychological Trauma Based Upon Mental Illness as Mitigating Factor Under § 1170(b)(6) by Harold Hempstead by Harold Hempstead On April 8, 2022, the Court of Appeal of California, Fifth Appellate District, held that Assembly Bill No. 124 (2021-2022. Reg. …
Article • February 15, 2022 • from CLN March, 2022
Michigan Supreme Court Announces 2011 SORA May Not Be Retroactively Applied to Registrants Whose Offenses Predated Its Enactment Because Doing So Violates Prohibition on Ex Post Facto Laws by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that application of the state’s Sex Offenders Registration Act, MCL …
Article • November 15, 2021 • from CLN December, 2021
Filed under: Retroactivity, Resentencing
California Supreme Court Announces Suspended Execution of Sentence with Probation Imposed Is Not ‘Final’ so New Changes in Law Apply Retroactively on Appeal by Dale Chappell by Dale Chappell In a case that expands the retroactive application of new, more lenient laws passed by the Legislature after a defendant is …
Article • January 15, 2021 • from CLN February, 2021
Federal Habeas Corpus: Retroactivity of New Rules by Dale Chappell by Dale Chappell Wouldn’t it be nice if the U.S. Supreme Court actually said when its decision constitutes a new rule and whether it applies retroactively? If only things were so easy. I remember the first time I heard a …
Article • December 5, 2018 • from CLN December, 2018
Colorado Supreme Court Holds Ameliorative Amendments Apply Retroactively to Non-Final Convictions by Dale Chappell by Dale Chappell The Supreme Court of Colorado held that amendments to statutes favorable to defendants apply retroactively to non-final convictions, unless the statute contains language that expressly provides it applies only prospectively, resolving a conflict …
Article • November 1, 2018 • from CLN November, 2018
U.S. Supreme Court: Defendant Sentenced Pursuant to a Rule 11(c)(1)(C) Plea ‘Generally Eligible’ for Sentence Reduction when Guidelines Retroactivity Reduced by Christopher Zoukis by Christopher Zoukis The Supreme Court of the United States, in a 6-3 ruling, cleared up significant confusion in the circuit courts of appeals by ruling that …