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Eleventh Circuit Clarifies When a Court Must Conduct Resentencing Following § 2255 Relief

Loaded on June 18, 2018 by Dale Chappell published in Criminal Legal News July, 2018, page 32
Filed under: Sentencing. Location: Florida.

by Dale Chappell

In an issue of first impression for the U.S. Court of Appeals for the Eleventh Circuit, the Court clarified when a district court must hold a resentencing hearing, rather than summarily “correcting” a sentence, when granting relief under 28 U.S.C. § 2255.

In the wake of courts ...

 

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  1. News in Brief
  2. 10th Circuit: Observation of Stack of 15 Credit Cards Does Not Provide Police With Probable Cause to Examine Name on Cards for Evidence of a Crime, by Christopher Zoukis
  3. Idaho Supreme Court Orders Acquittal for Insufficient Identification of Drug, by Matthew Clarke
  4. $10 Million Award for California Man Wrongfully Imprisoned, by Derek Gilna
  5. Ninth Circuit: Violations Alleged After Expiration of Supervised Release Term Must be Factually Related to Pre-Expiration Allegation, by Richard Resch
  6. Delaware Supreme Court Describes What Constitutes ‘Effective’ Counsel at Sentencing, by Dale Chappell
  7. Golden State Killer Suspect Arrest Opens Floodgates for Law Enforcement Use of DNA Websites, by Steve Horn
  8. Pennsylvania Supreme Court Holds Any Search of Cellphone Requires Warrant, by Dale Chappell
  9. Wyoming Supreme Court Adopts ‘Castle Doctrine’ for Cohabitants, by Dale Chappell
  10. Ninth Circuit Reverses Conviction for Transporting an Illegal Alien Due to Improper Jury Instruction, by Christopher Zoukis
  11. Eleventh Circuit Clarifies When a Court Must Conduct Resentencing Following § 2255 Relief, by Dale Chappell
  12. California Court of Appeal Rejects Gang Enhancement Based on Expert Witness’ Case-Specific Hearsay Evidence, by Christopher Zoukis
  13. Third Circuit Reverses Occupational Restriction in Excess of Statutory Maximum for Supervised Release, by Matthew Clarke
  14. New Mexico Supreme Court Reverses Convictions Based on Double Jeopardy Violations, by Christopher Zoukis
  15. Virginia Supreme Court Grants Relief Under Revised Actual Innocence Statute, by Dale Chappell
  16. Colorado High Court Clarifies Crime-Fraud Exception to Attorney-Client Privilege, by Dale Chappell
  17. Florida Supreme Court Announces SOL Defense Must be Raised at Trial to Preserve Issue for Direct Appeal, by Richard Resch
  18. California Supreme Court Vacates Conviction and Death Sentence After Experts Recant Testimony, by Dale Chappell
  19. Colorado Supreme Court: ‘Entry of Judgment’ for New Trial Motion Means Both Conviction and Imposition of Sentence, by Dale Chappell
  20. Vermont Supreme Court: Defendant Cannot be Compelled to Submit to Competency Evaluation by State’s Expert, by David Reutter
  21. Ninth Circuit: California Carjacking Not a Crime of Violence Post-Johnson, by Christopher Zoukis
  22. Ohio Supreme Court: Prisoner Entitled to Results of Post-Conviction DNA Profile, by Matthew Clarke
  23. No Increase in Murder Rate for Civilians or Police Following Abolition of Death Penalty, by Matthew Clarke
  24. Execution Numbers Down in 2017, by Christopher Zoukis
  25. Minnesota Supreme Court: Prisoner Entitled to Appointed Attorney for One Review of Conviction, Even When It’s Not a Direct Appeal, by Christopher Zoukis
  26. Web-Based Database Exposes Depth and Breadth of Police Criminality, by Derek Gilna
  27. Sixth Circuit: Statute of Limitations for § 1983 Claim Accrues When Criminal Proceedings are Terminated, by Christopher Zoukis
  28. DOJ: Police Shooting Family Dogs has Become ‘Epidemic’, by Dale Chappell
  29. New Mexico Supreme Court Holds SCOTUS Prohibition Against Warrantless Blood Tests in DWI Cases Applies Retroactively, by Matthew Clarke
  30. S.C. Supreme Court Rules Counsel’s Failure to Recognize Ex Post Facto Issue in Advising Defendant to Accept Plea Deal Constituted IAC, by Dale Chappell
  31. Alabama’s Most Populous County Reaches Bail Reform Settlement, But Problems Could Persist, by Steve Horn
  32. Sixth Circuit Suppresses Evidence Where Triggering Event Specified in Anticipatory Search Warrant Never Occurred, by Richard Resch
  33. Philly Prosecutor’s ‘Do Not Call’ List Released; Names Cops Not to Call to the Stand, by Christopher Zoukis
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  36. Do Black Lives Matter in the Supreme Court?, by Michael Avery
  37. SCOTUS Adopts ‘Look Through’ Methodology for Federal Courts in Determining State Court’s Rationale for Unexplained Habeas Decision, by Richard Resch
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