Fourth Circuit Announces Sentencing Disparity Between Defendant and Co-Defendants Alone Constitutes ‘Extraordinary and Compelling’ Reason Sufficient to Justify Compassionate Release by David Kim The United States Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Eastern District of Virginia did not abuse its discretion …

Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA by Dale Chappell by Dale Chappell If you’re reading this, you’re probably looking to understand how to challenge your state court conviction in federal court. Federal habeas corpus petitions give you that chance, but since 1996, the path has gotten …

First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit held that the Government implicitly …

First Circuit: Plain Error Where District Court Based Upward Variant From Sentencing Guidelines Range on New Information Not Already in the Record at the Time of Sentencing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit found plain error where the U.S. District Court …

Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio ruled that Emile Weaver’s trial counsel was ineffective at her sentencing when he made mention of the term …