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U.S. District Court Grants Savings Clause Petition, Vacates Mandatory Life Sentence
by Dale Chappell
After the case had been sitting in the courts for seven years, the U.S. District Court for the Western District of North Carolina granted relief under the “savings clause” of 28 U.S.C. § 2255, vacating a mandatory life sentence.
Ian Persaud filed his savings clause petition back ...
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More from this issue:
- Forensic Science: Reliable and Valid?, by Jayson Hawkins
- ‘Changes Are a Comin’, by Anthony Accurso
- Kansas Supreme Court: Expired License Plate Doesn’t Attenuate Evidence from Illegal Seizure, by Douglas Ankney
- Defendant’s Flight From Police’s Illegal Frisk Doesn’t Render Improperly Obtained Evidence Admissible in Maryland, by Anthony Accurso
- Costly Electronic Monitoring Programs Replacing Ineffective Jail Bond Systems, by Kevin Bliss
- Ninth Circuit Clarifies When Warrantless Searches of Cellphones at Border Are Reasonable, by Douglas Ankney
- Faulty Science Still Admissible Evidence in Many States, by Kevin Bliss
- Big Brother, Big Business, Big Law Enforcement, by Edward Lyon
- Third Circuit Announces New Rule for Amending § 2255 Motions on Appeal, by Dale Chappell
- Alabama OKs Chemical Castration for Some Sex Offenders, by Dale Chappell
- California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64, by Douglas Ankney
- 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
- Ex-Felons’ Rights Expanding to Include Jury Duty, by Edward Lyon
- Hundreds of Missouri Prisoners May Be Released Under New Sentencing Reform Law, by Dale Chappell
- U.S. District Court Grants Savings Clause Petition, Vacates Mandatory Life Sentence, by Dale Chappell
- 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
- Ninth Circuit: Drug Quantity in PSR Adopted by Sentencing Court not Binding in § 3582(c)(2) Sentence Reduction Proceedings, by Michael Berk
- 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
- Is Data Mining an Invasion of Privacy?, by Kevin Bliss
- Ninth Circuit Rules IAC for Failure to Investigate Mitigating Evidence During Penalty Phase of Capital Trial, by Anthony Accurso
- Fifth Circuit Vacates § 924 Convictions Based on Davis, by Anthony Accurso
- Safe Interactions Between Police and Citizens, by Edward Lyon
- Fifth Circuit Reiterates Diligence Under AEDPA Requires Consideration of Actions Both Before and After Filing of Habeas Petition, by Dale Chappell
- 9th Circuit Says Inadvertently Placing Closed Folding Knife on Teller Counter Not Armed Bank Robbery, by Anthony Accurso
- Oregon Supreme Court Reaffirms ‘Independent Evidence Rule’ for Accomplice Testimony, by Mark Wilson
- Groundbreaking Connecticut Law Tracks Information on Jailhouse Snitches
- Fifth Circuit: First Step Act Doesn’t Permit Plenary Resentencing in Retroactive Application of the Fair Sentencing Act, by Douglas Ankney
- 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
- 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
- New Hampshire Ends Death Penalty, by Jayson Hawkins
- Fourth Circuit Grants Habeas Relief to Pre-Trial State Prisoner on Double Jeopardy Grounds, by Dale Chappell
- Tennessee Supreme Court Abandons Doctrine of Abatement Ab Initio, by David Reutter
- New Jersey Supreme Court Announces New Test to Determine When State May Obtain Second DNA Sample After Unlawfully Obtained First Sample, by Douglas Ankney
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- Businesses Are Focusing More and More on Aiding Offenders Reentering Society, by Kevin Bliss
- Qualified Immunity: Explained, by Emily Clark, Amir H. Ali
- The Mass Incarceration Epidemic Viewed Through a Young Daughter’s Eyes, by Hayley Schulman
- Prosecutors Working to Clear Wrongful Convictions With Mixed Results, by Bill Barton
More from Dale Chappell:
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
More from these topics:
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- Oklahoma Lawmakers Sue for Pardon and Parole Board Texts After Condemned Prisoner Denied Clemency, Sept. 15, 2024. Parole Board Misconduct, Pardons/Clemency, Text Messages.
- Maryland Governor Pardons Thousands of Low-Level Marijuana Convictions, Seeking to Right Historical Wrongs, Sept. 1, 2024. Pardons/Clemency, Marijuana Laws/Issues, Use of Marijuana.
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- Hope Against Hope, July 1, 2024. Pardons/Clemency.
- Former Illinois Prisoner Pursuing PhD After 27 Years of Incarceration, May 1, 2024. Education, Pardons/Clemency, Educational Opportunities for Inmates, Education and Vocational Skills/Training.
- Oklahoma Parole Board Resignations Threaten Prisoner Clemencies, March 1, 2024. Parole Board Misconduct, Pardons/Clemency.
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- Champion of Death Row Prisoners Accused of Spoiling Oklahoman’s Clemency, Feb. 1, 2024. Pardons/Clemency, Articles About PLN, PLN related, Capital Punishment.
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