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Not Guilty but Punished Anyway
Loaded on Nov. 18, 2019
by Douglas Ankney
published in Criminal Legal News
December, 2019, page 37
Filed under:
42 U.S. Code § 1983, civil action for deprivation of rights.
Location:
United States of America.
by Douglas Ankney
Many people are aware that Pilate found Jesus “not guilty,” but Jesus was sentenced to death anyway. Fortunately, the American system of justice doesn’t permit such outcomes. Or does it?
According to reason.com, federal judges can — and often do — use what is …
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More from this issue:
- News in Brief
- $750,000 Settlement for St. Louis County Cops Shooting Dog, by Jayson Hawkins
- The Two-Edged Sword of DNA Exonerates Another Prisoner, by Edward Lyon
- National Fingerprint Database Frees Man After 36 Years, by Jayson Hawkins
- Free Speech Is Sometimes Expensive, by Edward Lyon
- New York City Cops Can Always Tell by Just the Smell, by Edward Lyon
- Man Freed Who Sat in Prison Nearly 30 Years While Prosecutors Withheld Evidence of Innocence, by Dale Chappell
- Payouts for Police Misconduct Claims Rise While Number of Claims Appear to Fall, by Douglas Ankney
- Michigan Supreme Court Reverses Criminal Sexual Conduct Convictions in Two Consolidated Cases Due to Improperly Admitted Expert Testimony, by Douglas Ankney
- High Bail Amounts Lead to Sharp Increase in Franklin, PA, Jail Population, by Dale Chappell
- New Law Makes It Harder for California’s Cops to Get Away with Killing People, by Douglas Ankney
- Not Guilty but Punished Anyway, by Douglas Ankney
- Maryland Court of Appeals Announces Circuit Court Retains Authority to Exercise Its Revisory Power for Up to Five Years After Granting Belated Postconviction Motion, by Douglas Ankney
- Indiana Supreme Court: Postconviction Petition Addressing Only Issues From New Trial, New Sentencing, or New Appeal From Federal Court via Habeas Proceedings Is Not a Second Petition Under State Law, by Douglas Ankney
- Ninth Circuit: Federal Sentencing Court Must Hear Defendant Before Determining If Acceptance of Responsibility Reduction Applies, by David Reutter
- Sixth Circuit Grants § 2254 Habeas Relief in Unusual Case of Attorney Failing to Initiate Plea Negotiations, by Douglas Ankney
- Law Professor Peeks at Prosecutor’s Veiled DNA Database, by Douglas Ankney
- Fifth Circuit: Practices of Orleans Parish Judges in Collecting Fines and Fees Violates Due Process, by Douglas Ankney
- Seventh Circuit Vacates Conviction and Remands for a Franks Hearing, by Douglas Ankney
- California Supreme Court Holds Discovery Statute Requiring ‘Good Cause’ Not Applicable When Evidence Held by Court, by Dale Chappell
- Minnesota Supreme Court Announces Heightened Pleading Standard for Birchfield/Johnson Claims Raised in Collateral Postconviction Proceedings, by Douglas Ankney
- Missouri Supreme Court Clarifies Defendant Is Entitled to Self-Defense Instruction When Substantial Evidence Supports Instruction Regardless of Whether Defendant Presented Evidence Contrary to Self-Defense, by Douglas Ankney
- Ninth Circuit Reverses Convictions Where Trial Court Failed to Provide Oral Jury Instructions, by Chad Marks
- Tenth Circuit: ‘Relevant Background Law’ Trumps Unclear Record in Granting § 2255 Relief From Johnson Error, by Michael Berk
- Another notable (but ultimately disappointing) ruling about sentence reductions under § 3582(c)(1)(A) after FIRST STEP Act, by Professor Douglas A. Berman
- Maryland Court of Appeals Abrogates Rule Requiring Corroboration of Accomplices’ Testimony and Announces New Rule, by Douglas Ankney
- In Landmark Opinion, Colorado Supreme Court Announces Courts May Not Sentence Defendant to Both Prison and Probation in Multi-Count Cases, by Richard Resch
- 9th Circuit: Sentence Under 18 U.S.C. § 3583(k) Violated Ex Post Facto Clause When Underlying Offense Was Committed in 2005, by Douglas Ankney
- California Supreme Court: Where Electronics Search Condition of Probation Is Not Reasonably Related to Future Criminality, Condition Is Invalid, by Douglas Ankney
- Risk Assessments in Cook County Ineffective, by Jayson Hawkins
- $2.4 Million Paid by Sacramento in Wrongful Death Suit of Stephon Clark, by Kevin Bliss
- Second Circuit: Federal Habeas Relief Warranted Where State Trial Court’s Evidentiary Rulings Deprived Defendant of Right to Present a Complete Defense, by Douglas Ankney
- South Carolina Supreme Court Grants New Trial Based on IAC Because of Botched Alibi Defense, by Dale Chappell
- Massachusetts Supreme Court Suppresses Evidence Obtained After Miranda Warnings Translated into Spanish Deemed Incapable of Conveying Meaningful Advice, by David Reutter
- Civil Death Laws: When Life is Death, by Jayson Hawkins
- 10th Circuit: Child Porn Stored on Multiple Devices Constitutes One Count of Possession Under 18 U.S.C. § 2252A(a)(5)(B), by Douglas Ankney
- Tell Me What I Want to Hear, Not What I Need to Hear: How Confirmation Bias Causes Wrongful Convictions, by Dale Chappell
- Flaws in Mobile Phone Records Free Danish Prisoners, by Jayson Hawkins
- Second Circuit Clarifies Conditions for Releasing a Defendant on Bail to Home Detention With Private Armed Security Guards, by Douglas Ankney
- Eighth Circuit Vacates Sentence for Improper Supervision Length After ACCA Enhancement Removed, by Anthony Accurso
- Oregon Supreme Court Explains PCR ‘Escape Clause’ Availability for Untimely Filed Petitions, by Mark Wilson
- Roadmap for Filing a Second or Successive § 2255 Motion Under Davis, by Dale Chappell
- Law Crazy, Government’s Insatiable Desire to Criminalize All Facets of Life, by Edward Lyon
- Why Juries Need Expert Help Assessing Jailhouse Informants, by Alexandra Natapoff
- Massachusetts Supreme Court Suppresses Evidence Obtained Following Illegally Prolonged Traffic Stop, Orders New Trial, by Douglas Ankney
- How the Secretive 'Discipline' Process for Federal Prosecutors Buries Misconduct Cases, by Brooke Williams, Samata Joshi, Shawn Musgrave
More from Douglas Ankney:
- Barbaric and Deadly Conditions Continue to Plague Los Angeles County Jails, Feb. 1, 2026
- Killings Inside Mississippi’s Prisons Continue Unabated But Report Prompts DOC to Reopen Investigations, Feb. 1, 2026
- Competency Crisis in Missouri’s Jails, Feb. 1, 2026
- Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026
- Fifth Circuit Rules Against Louisiana Prisoner Seeking to Recoup Money Made at Angola Prison Rodeo, Jan. 1, 2026
- Report on “Pay-to-Stay” Fees Makes Strong Case for Their Repeal, Jan. 1, 2026
- Maryland Agrees to Pay $30,000 to Prisoner Who Was Beaten by Guards While Handcuffed, Jan. 1, 2026
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026
- Third Circuit Rules Awarding BOP Prisoners 54 Days of Good Time Per Year Is Pro-Rated, Jan. 1, 2026
- Utah Supreme Court Announces Framework for Analyzing Combined Brady and Napue Violations, Affirms Postconviction Relief in Capital Murder Case, Jan. 1, 2026
More from these topics:
- Dissenter Excoriates SCOTUS for Denying Certiorari in Challenge to Constitutionality of Nitrogen Hypoxia Execution, Feb. 1, 2026. Death Penalty, 42 U.S. Code § 1983, civil action for deprivation of rights, Capital Punishment, Cruel and Unusual Punishment, Method of Execution.
- Washington County Pays $300,000 to Jail Detainee Denied Treatment for Kidney Stone, Feb. 1, 2026. Failure to Treat, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Pretrial Detention and Detainees, Deliberate Indifference.
- Federal Court Strikes Much of Virginia’s Felony Voting Restriction, Feb. 1, 2026. Racial Discrimination, 42 U.S. Code § 1983, civil action for deprivation of rights, Restrictions, discrimination, Voting Rights, Felon Disenfranchisement Statute.
- Tenth Circuit Reverses Summary Dismissal of Claim Over Prisoner’s Suicide in Oklahoma Jail, Feb. 1, 2026. Failure to Train/Supervise, Failure to Protect (Wrongful Death), Suicides, Staff Training, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Fifth Circuit Rules Against Louisiana Prisoner Seeking to Recoup Money Made at Angola Prison Rodeo, Jan. 1, 2026. Seizure of Prisoner Funds, Trust Accounts, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Ninth Circuit Remands California Prisoner’s Case in which No Contest Plea Was Admitted as Evidence of Guilt, Dec. 1, 2025. 42 U.S. Code § 1983, civil action for deprivation of rights, Favorable Disposition, Evidence - Admissibility, Admissions, Knowingly and Voluntarily Made.
- $1.9 Million Settlement in Washington Jail Death Includes Policy Changes, Dec. 1, 2025. Systemic Medical Neglect, Diabetes, Medical Neglect/Malpractice, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- $8.5 Million for Family of Murdered Elderly Californian Detained for Cold Case Killings Based on “Genetic Genealogy”, Dec. 1, 2025. Failure to Protect (General), Failure to Protect (Wrongful Death), Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, DNA Evidence.
- First Circuit Greenlights Rhode Island Prisoner’s Damages Suit for Disastrous 450-Day Solitary Confinement, Dec. 1, 2025. Eighth Amendment, Control Units/SHU/Solitary Confinement, 42 U.S. Code § 1983, civil action for deprivation of rights, Immunity - Absolute and Qualified, Deliberate Indifference.
