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Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule

Loaded on June 15, 2020 by Dale Chappell published in Criminal Legal News July, 2020, page 14
Filed under: Habeas Corpus, U.S. Sentencing Guidelines, Mandatory Minimum Sentence. Location: North Carolina.

by Dale Chappell

The U.S. Court of Appeals for the Fourth Circuit held on March 4, 2020, that the savings clause of 28 U.S.C. § 2255(e) is available even if based on a court decision that existed earlier but was not made retroactive until after the direct appeal and first ...

 

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  1. A Nation on the Brink, by Christopher Zoukis
  2. Office of Homeland Security Circumventing Warrant Requirement by Buying Cellphone Location Data from Marketing Firm, by Anthony Accurso
  3. From the Editor, by Richard Resch
  4. Using Location Surveillance to Fight COVID-19 May Chill Free Speech and Association, by David Reutter
  5. This Is Not a Revolution. It’s a Blueprint for Locking Down the Nation, by John W. Whitehead
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  7. Seventh Circuit: Defendant’s Statement Given to Pretrial Services Can’t Be Admitted to Impeach Witness at Trial, by Douglas Ankney
  8. California Court of Appeal Explains Procedural Requirements for Vacating Felony-Murder Conviction Via Section 1170.95 Petition, by Douglas Ankney
  9. Police Violence Detrimental to Public Health, by Douglas Ankney
  10. Congressmen File Amicus Brief Stressing Congressional Intent That First Step Act’s New Drug Laws Apply at Resentencing, by Dale Chappell
  11. Indiana Supreme Court: Removal of Police’s GPS Tracker on Suspect’s Vehicle Not Probable Cause of Theft, Suppression of Evidence, by Anthony Accurso
  12. New Hampshire Supreme Court: Police Violated Miranda in Obtaining First Statement, and State Failed to Prove Second Statement Was Voluntary, by Douglas Ankney
  13. 5-Year Study Shows Police Stop Black Drivers Less Often at Night When ‘Veil of Darkness’ Obscures Race, by Douglas Ankney
  14. Declassified Court Ruling Details FBI Abuses of Mass Surveillance Data, by Anthony Accurso
  15. Second Circuit: Three Important Rulings Under First Step Act, by Dale Chappell
  16. Marijuana Possession in Virginia Remains Illegal But Is Decriminalized, by Douglas Ankney
  17. Eleventh Circuit Holds Hobbs Act Robbery Doesn’t Trigger Career Offender Enhancement, by Dale Chappell
  18. COVID-19 Creates Opportunity for Big Brother in the Sky, by Michael Fortino, Ph.D
  19. Biden Accuser Accused of Inflating Credentials to Qualify as Expert Witness, Calling Convictions into Question, by Derek Gilna
  20. Perjurous New York City Cop Sentenced to a Single Day in Jail, by Edward Lyon
  21. Nebraska Supreme Court: Multiple Theft Charges for Stealing Items Belonging to Several People at Same Time and Place Violates Double Jeopardy, by Dale Chappell
  22. Fourth Circuit: Standalone Rehaif Error Requires Automatic Vacatur of Guilty Plea, by David Reutter
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  25. Colorado Supreme Court: Requiring Defense to Disclose Exhibits to Prosecution Before Trial Violates Due Process Rights, by Dale Chappell
  26. Iowa Supreme Court Orders Dismissal of Charges that State Brought in Breach of Plea Agreement, by Douglas Ankney
  27. Justice Office Awards $145 Million in Forensic Science Grants, by Anthony Accurso
  28. Carpenter Slowly Remaking Fourth Amendment Case Law, by Anthony Accurso
  29. California Federal Court Rejects Plea Agreement’s Waiver of Compassionate Release Provision, by David Reutter
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  54. News in Brief

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