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Second Circuit Holds NY Sodomy Not ‘Prior Sex Conviction’ for Purposes of Federal Statute Mandating Life Sentence for Repeat Sex Offenders

Loaded on Aug. 21, 2019 by Dale Chappell published in Criminal Legal News September, 2019, page 38
Filed under: Sex Offenders (Discrimination). Location: New York.

by Dale Chappell

The U.S. Court of Appeals for the Second Circuit held that a prior conviction for sodomy under New York law is not a valid prior sexual offense conviction under the categorical approach to mandate a life sentence as a repeat sex offender under 18 U.S.C. § 3559(e). ...

 

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  1. News in Brief
  2. St. Louis Ordered to Stop Holding Detainees Simply Because They Can’t Afford Bail, by Kevin Bliss
  3. Debunked Shaken-Baby Syndrome Leads to Reduced Sentence, by Anthony Accurso
  4. Video Bail Hearings Violate Rights in Many Ways, by Edward Lyon
  5. Chicago Fingerprint Unit Flawed, Under Scrutiny, by Bill Barton
  6. Seventh Circuit Rules Failure to Issue Summons or Warrant Means Supervised Release Not Tolled While Merely in Custody, by Anthony Accurso
  7. Private Companies Use DNA Profiles to Snitch on Customers and Their Families, by Douglas Ankney
  8. California Losing Millions in Civil Asset Forfeiture Funds as Law Aims to Curb Police Abuse
  9. Second Circuit Holds NY Sodomy Not ‘Prior Sex Conviction’ for Purposes of Federal Statute Mandating Life Sentence for Repeat Sex Offenders, by Dale Chappell
  10. Groundbreaking Empirical Study of Expungement Released, by Bill Barton
  11. Sixth Circuit Announces § 2244(B)(1) Doesn’t Apply to Successive § 2255 Petitions and Rules That If the District Court Relied on Residual Clause of ACCA When Determining Prior Conviction Qualified as Predicate Felony, Then Sentence Cannot Stand, by Douglas Ankney
  12. Florida Supreme Court Holds Sentencing Statute That Allows Judge to Determine Dangerousness Triggering Upward Depar-ture of Maximum Sentence Unconstitutional, by Dale Chappell
  13. Minnesota Supreme Court Clarifies That State Has Burden to Prove Competency to Stand Trial, by Dale Chappell
  14. Will Police Recruitment Crisis Prompt Change in Behavior?, by Douglas Ankney
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  16. Colorado Supreme Court Announces Sniff by Drug Dog Trained to Detect Marijuana Now Constitutes a ‘Search’ Requiring Probable Cause, by Dale Chappell
  17. Tennessee Supreme Court Holds Judge Lacks Authority to Sign Search Warrant for Property Outside Court’s Jurisdiction, by Dale Chappell
  18. Another Study Shows There’s No ‘War on Police’, by Bill Barton
  19. 7th Circuit Instructs District Court to Grant Federal Prisoner’s Habeas Based on § 2255(e) Savings Clause, by Douglas Ankney
  20. Qualified Immunity: Explained, by Emily Clark, Amir H. Ali
  21. Massive Outing of Nationwide Instances of Police Misconduct Revealed, by Edward Lyon
  22. Massachusetts Supreme Judicial Court Explains Procedures of G. L. c. 278A and Rules That a Claim of Self-Defense Is a Claim of Factual Innocence, by Douglas Ankney
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  24. California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64, by Douglas Ankney
  25. California Supreme Court Reverses Attempted Murder and Explains Elements Required For Kill Zone Theory Instruction, by Anthony Accurso
  26. Oregon Supreme Court Holds ‘Attempt’ Requires Intent to Personally Participate in the Crime, by Dale Chappell
  27. $13.1 Million Settlement Reached by Actor Framed for Murder, by Douglas Ankney
  28. BOP Finally Implements First Step Act, Officially Releases 3,100 Prisoners Under ‘Good Conduct Time’, by Dale Chappell
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