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Tenth Circuit: District Court Abused Discretion in Denying § 2255 Petition Without Hearing Where Record Didn’t Conclusively Show Defendant Not Entitled to Relief

Loaded on Oct. 16, 2019 by Douglas Ankney published in Criminal Legal News November, 2019, page 32
Filed under: Sentencing. Location: United States of America.

by Douglas Ankney

The U.S. Court of Appeals for the Tenth Circuit ruled that a district court abused its discretion when it denied a 28 U.S.C. § 2255 petition without an evidentiary hearing when the record did not conclusively show the movant was not entitled to relief. 

Pursuant to ...

 

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  1. Forensic Science: Reliable and Valid?, by Jayson Hawkins
  2. ‘Changes Are a Comin’, by Anthony Accurso
  3. Kansas Supreme Court: Expired License Plate Doesn’t Attenuate Evidence from Illegal Seizure, by Douglas Ankney
  4. Defendant’s Flight From Police’s Illegal Frisk Doesn’t Render Improperly Obtained Evidence Admissible in Maryland, by Anthony Accurso
  5. Costly Electronic Monitoring Programs Replacing Ineffective Jail Bond Systems, by Kevin Bliss
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  7. Faulty Science Still Admissible Evidence in Many States, by Kevin Bliss
  8. Big Brother, Big Business, Big Law Enforcement, by Edward Lyon
  9. Third Circuit Announces New Rule for Amending § 2255 Motions on Appeal, by Dale Chappell
  10. Alabama OKs Chemical Castration for Some Sex Offenders, by Dale Chappell
  11. California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64, by Douglas Ankney
  12. Connecticut Supreme Court: When Expert’s Testimony Asserts Truth of DNA Profile Prepared by a Different Non-Testifying Expert, Confrontation Clause Is Violated, by Douglas Ankney
  13. Ex-Felons’ Rights Expanding to Include Jury Duty, by Edward Lyon
  14. Hundreds of Missouri Prisoners May Be Released Under New Sentencing Reform Law, by Dale Chappell
  15. U.S. District Court Grants Savings Clause Petition, Vacates Mandatory Life Sentence, by Dale Chappell
  16. Tenth Circuit: District Court Abused Discretion in Denying § 2255 Petition Without Hearing Where Record Didn’t Conclusively Show Defendant Not Entitled to Relief, by Douglas Ankney
  17. Ninth Circuit: Drug Quantity in PSR Adopted by Sentencing Court not Binding in § 3582(c)(2) Sentence Reduction Proceedings, by Michael Berk
  18. 10th Circuit: District Court Must Ensure When Defendant Waives Right to Counsel He Understands He’s Required to Adhere to Federal Procedural and Evidentiary Rules, by Douglas Ankney
  19. Is Data Mining an Invasion of Privacy?, by Kevin Bliss
  20. Ninth Circuit Rules IAC for Failure to Investigate Mitigating Evidence During Penalty Phase of Capital Trial, by Anthony Accurso
  21. Fifth Circuit Vacates § 924 Convictions Based on Davis, by Anthony Accurso
  22. Safe Interactions Between Police and Citizens, by Edward Lyon
  23. Fifth Circuit Reiterates Diligence Under AEDPA Requires Consideration of Actions Both Before and After Filing of Habeas Petition, by Dale Chappell
  24. 9th Circuit Says Inadvertently Placing Closed Folding Knife on Teller Counter Not Armed Bank Robbery, by Anthony Accurso
  25. Oregon Supreme Court Reaffirms ‘Independent Evidence Rule’ for Accomplice Testimony, by Mark Wilson
  26. Groundbreaking Connecticut Law Tracks Information on Jailhouse Snitches
  27. Fifth Circuit: First Step Act Doesn’t Permit Plenary Resentencing in Retroactive Application of the Fair Sentencing Act, by Douglas Ankney
  28. California Court of Appeal Explains Procedures to Determine Appropriate Relief When Conviction Is Vacated Based on People v. Chiu and Senate Bill 1437, by Douglas Ankney
  29. Connecticut Supreme Court Rules 5 Days Past Due on Rent While Incarcerated Does Not Deprive Defendant of Expectation of Privacy in Home, by Anthony Accurso
  30. New Hampshire Ends Death Penalty, by Jayson Hawkins
  31. Fourth Circuit Grants Habeas Relief to Pre-Trial State Prisoner on Double Jeopardy Grounds, by Dale Chappell
  32. Tennessee Supreme Court Abandons Doctrine of Abatement Ab Initio, by David Reutter
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  42. Prosecutors Working to Clear Wrongful Convictions With Mixed Results, by Bill Barton

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