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 …

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 …

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 …

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 …