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New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors by Anthony Accurso by Anthony W. Accurso New Mexico Governor Michelle Lujan Gresham signed SB64, the No Life Sentences for Juveniles Act, into law on March 17, 2023, ending life without parole (“LWOP”) sentencing for offenders …
New Mexico Supreme Court Announces Trial Courts Retain Common Law Jurisdictional Authority to Correct Illegal Sentences, Allows Defendant to Withdraw Plea After Sentence Correction Involving Additional Parole Time by Anthony Accurso by Anthony W. Accurso The Supreme Court of New Mexico allowed a defendant to withdraw his plea deal after …
First Circuit: Procedurally Unreasonable for District Court to Base Upward Variance on Defendant’s Prior Arrests by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit vacated, on the basis of procedural reasonableness, the U.S. District Court for the District of Puerto Rico’s sentence imposed upon …
Article • June 15, 2022 • from CLN July, 2022
Commentary: Attacking the Guilty Plea—Court Cautions More Time Possible in Child Porn Case if Post-Conviction Motion Successful by Dale Chappell by Dale Chappell I’M ALWAYS ASKED WHETHER THE COURT can impose a harsher sentence if someone is successful in vacating their conviction or sentence under 28 U.S.C. § 2255. My …
Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal by David M. Reutter by David M. Reutter The Supreme Court of Ohio held that the constitutionality of an indeterminate sentence imposed under the Reagan Tokes Law, R.C. 2967.271, ripens at sentencing and …
California Court of Appeal: Trial Court Required to Provide Notice and Consider Information Provided by Parties Before Ruling on CDCR Recommendation to Recall Sentence Pursuant to § 1170(d)(1) by Douglas Ankney by Douglas Ankney The California Court of Appeal, Second District, held that a trial court is bound to provide …
Court of Appeals of Maryland Clarifies Issues Involving Plea Agreements and Sentence Modifications Under Justice Reinvestment Act by David Reutter by David M. Reutter The Court of Appeals of Maryland answered four questions concerning the application of the Justice Reinvestment Act (“JRA”). The Court’s August 24, 2020, order focused on …
Arizona Supreme Court: Stipulated Plea Agreement Cannot Bar Review of Illegal Sentence by David Reutter by David M. Reutter The Supreme Court of Arizona held that the Court of Appeals “erred by effectively eliminating a defendant’s right to appeal a probation revocation sentence consistent with a plea agreement stipulation.” The …
How the Courts Are Using Compassionate Release to Fix Unfair Sentences by Dale Chappell by Dale Chappell Who would have predicted that the courts would expand compassionate release to allow non-medical reasons for reducing a sentence, including the chance to fix unfair sentences when no other avenue exists? Now that …