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Article • December 15, 2024 • from CLN January, 2025
Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Seventh Circuit held that the maximum sentence a defendant may receive …
Article • October 1, 2024 • from CLN October, 2024
Texas Court of Criminal Appeals: Trial Court Violated Defendant’s ‘Due Process’ Right to Be Present During Zoom Probation Revocation Hearing by Muting Him by Sam Rutherford by Sam Rutherford The Court of Criminal Appeals of Texas, that state’s highest court of review in criminal cases, held that a trial court …
Article • September 1, 2024 • from CLN September, 2024
Maryland Governor Pardons Thousands of Low-Level Marijuana Convictions, Seeking to Right Historical Wrongs by Jo Ellen Nott by Jo Ellen Nott On June 17, 2024, Democratic Governor Wes Moore signed an executive order in Annapolis to issue more than 175,000 pardons for low-level marijuana convictions, seeking to rectify “historical wrongs” …
New Data From BOP Reveals Technical Violations Account for Nearly a Third of First Step Act Recidivism by Jo Ellen Nott by Jo Ellen Nott The Council on Criminal Justice (“CCJ”) released a December 2023 update to its original report (August 2023) on the impact of the First Step Act …
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 …
Article • January 15, 2024 • from CLN January, 2024
Eleventh Circuit Announces Supervised Release Term Not Tolled When Defendant Absconds, Deepening Circuit Split by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Eleventh Circuit held that, when a defendant has absconded while on supervised release, the clock on their period of supervision continues to …
Eleventh Circuit Announces Defendant May Not Be Sentenced to Home Confinement for Violating Terms of Supervised Release When Sentenced to Statutory Maximum Period of Imprisonment for the Violation by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held …
Article • December 15, 2023 • from CLN December, 2023
Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired by Richard Resch by Richard Resch The Court of Criminal Appeals of Texas held a trial court lacked jurisdiction to revoke community supervision …
Article • April 15, 2023 • from CLN May, 2023
Tenth Circuit Deepens Circuit Split on Whether District Courts May Consider ‘Retribution’ in Deciding Whether to Revoke Supervised Release, Ruling It Is an Impermissible Factor to Consider by Richard Resch by Richard Resch The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the …
Article • March 15, 2023 • from CLN April, 2023
Massachusetts Supreme Court: Probationer’s Due Process Right to Present a Defense Violated Where Denied Opportunity to Call Complainant Who Alleged Sexual Assault as a Witness During Probation Revocation Hearing by Harold Hempstead by Harold Hempstead The Supreme Judicial Court of Massachusetts held that a probationer’s due process right to present …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Revocation Proceedings
California Court of Appeal: Trial Court Must Receive Parole Agency’s Written Report Before Ruling on Parole Revocation Petition for Lifetime Parolee Despite Remand to Prison Being Mandatory by Douglas Ankney by Douglas Ankney The Court of Appeal, First Appellate District, held that Penal Code § 1203.2(b)(1) requires trial courts to …
Article • February 15, 2022 • from CLN March, 2022
Eighth Circuit: Inadmissible Hearsay Improperly Used to Revoke Supervised Release by Matthew Clarke by Matt Clarke  The U.S. Court of Appeals for the Eighth Circuit held that the U.S. District Court for the Western District of Missouri erroneously relied on inadmissible hearsay to revoke a federal defendant’s supervised release. The …
Article • January 15, 2022 • from CLN February, 2022
Seventh Circuit Announces Standard of Review for Bond Revocation of Defendant on Pretrial Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit clarified the standard of review for revocation of bond when the arrestee is alleged to have violated conditions of release. Lashawn …
Article • December 15, 2021 • from CLN January, 2022
Ninth Circuit: Washington’s Sentencing Guidelines, Not Statutory Maximum, Set Upper Limit for Sentence When Determining Grade of Violation of Supervised Release Under U.S. Sentencing Guidelines by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that the state of Washington’s mandatory sentencing guidelines set …
Article • November 15, 2021 • from CLN December, 2021
Michigan Supreme Court: Parole-Revocation Prison Term Imposed as Result of Separate Wrongful Conviction Is Included in Compensation Under WICA by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that time served in prison due to revocation of parole that resulted solely from a wrongful conviction of other …
Article • April 15, 2021 • from CLN May, 2021
Seventh Circuit Exercises Supervisory Powers in Reversing District Court’s Judgment Revoking Supervised Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit exercised its supervisory powers authorizing it to reverse the U.S. District Court for the Central District of Illinois’s order that revoked Anthony …
Revocation Nation: Reincarceration for Technical Parole Violations in the Age of COVID-19 by Jean Trounstine by Jean Trounstine, Boston Institute for Nonprofit Journalism, September 15, 2020 Jonathan Best had been out of prison for two years when he ended a rocky relationship with his girlfriend. Like many men and women …
Using Doctor-Prescribed Marijuana Could Send Some People Back to Prison by Douglas Ankney by Douglas Ankney Melissa Gass is a wife and a mother of five children who suffers from seizures as a result of a car crash when she was 10 years old. The seizures occur weekly, sometimes daily. …
Article • June 15, 2020 • from CLN July, 2020
California Supreme Court Announces Sentencing Law Changes Apply Until Revocation Sentence Becomes Final by Anthony Accurso by Anthony Accurso The Supreme Court of California announced an extension of its prior rule of when to allow application of an amended sentencing statute, such that it may be applied to a defendant’s …
Article • May 15, 2020 • from CLN June, 2020
Study Sheds Light on ‘Recidivism’ and Probation and Parole Violations by Dale Chappell by Dale Chappell While this country has the highest rate of incarceration in the world, with 2.3 million of its residents in prison, it also has the alarmingly high rate of people on probation or parole: 4.5 …