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Fourth Circuit: Employment Restriction for Supervised Release Overbroad and Impermissible Delegation of Power to Probation
by Dale Chappell
The U.S. Court of Appeals for the Fourth Circuit held on January 22, 2021, on a direct appeal, that a total ban on any employment unless authorized by probation was “overly broad” and delegated too much authority to probation, vacating the supervised release condition and remanding for ...
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More from this issue:
- No-Knock Warrants Leave Trail of Terror, Property Damage, and Deaths, by David Reutter
- A Primer on Overcriminalization, by David Reutter
- Eighth Circuit Vacates Habeas Denial, Remands to Determine Whether ‘Martinez Exception’ Excused Procedural Default by State Prisoner, by Dale Chappell
- Seventh Circuit: Federal Habeas Relief for State Prisoner Due to Counsel’s Failure to Raise No-Causation Defense, by Dale Chappell
- Federal Habeas Corpus: Filing Procedures, by Dale Chappell
- The Parole App Trap, by Jayson Hawkins
- Fourth Circuit: Police Request for ID Outside Valid Terry Stop Unconstitutional, by Anthony Accurso
- Seventh Circuit Vacates Sentence Where District Court Improperly Imposed Leadership Enhancement, by Douglas Ankney
- New Jersey Police Union Contracts Laden With Financial Largesse, by Casey Bastian
- D.C. Circuit Highlights Racial Disparity Concerns With First Step Act After District Court Erroneously Denies Relief, by Dale Chappell
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, by Derek Gilna
- Seventh Circuit Exercises Supervisory Powers in Reversing District Court’s Judgment Revoking Supervised Release, by Douglas Ankney
- Seventh Circuit: District Court Retains Jurisdiction When Habeas Petitioner Moves to Prison Outside of District, by Dale Chappell
- Iowa Supreme Court Announces Brady Standard Applies to Motion for New Trial Based on Withheld Exculpatory Medical Records, by Douglas Ankney
- Abuse of Civil Asset Forfeiture Laws Prompts Class Action Lawsuit, by Casey Bastian
- Michigan State Police Reverse on Use of Messaging App That Can Evade FOIA Requests, by Douglas Ankney
- Tech Company Enables Surveillance, by Jayson Hawkins
- Wyoming Supreme Court: District Court Abused Discretion by Granting State’s Dismissal of Charges Without Prejudice and Refiling to Gain Tactical Advantage, Remands for Dismissal With Prejudice, by Douglas Ankney
- Fourth Circuit: Employment Restriction for Supervised Release Overbroad and Impermissible Delegation of Power to Probation, by Dale Chappell
- Texas Court of Criminal Appeals: Good Faith Exception Inapplicable to Unsworn Search Warrant, by Anthony Accurso
- Arkansas Supreme Court: Unborn Child Not a ‘Person’ Under Sentencing Enhancement Scheme, by Anthony Accurso
- New Jersey Appellate Court Holds Defendant Entitled to Source Code of Novel Probabilistic Genotyping Software Upon Showing of Particularized Need, by Douglas Ankney
- Orwellian Fusion Centers Are Watching You, by Casey Bastian
- Utah Supreme Court: Appeal of Plea in Justice Court Doesn’t Vacate Judgment, by David Reutter
- California Court of Appeal: Prisoners Are Not Required to Serve ‘Thompson Terms’ After Grant of Parole Under Elderly Parole Program, by Douglas Ankney
- North Carolina Supreme Court Reverses Embezzlement Convictions for Failure to Hold Competency Hearing After Mid-Trial Suicide Attempt, Involuntary Commitment, by Matthew Clarke
- New York Court of Appeals Rejects Federal Jurisprudence Allowing Searches of Vehicles Based on Warrants Authorizing Searches of ‘Premises’, by Douglas Ankney
- Surveillance and the City, by Jayson Hawkins
- Fifth Circuit: Anonymous Tip Didn’t Provide Reasonable Suspicion to Conduct Investigatory Stop, by Douglas Ankney
- Ohio Supreme Court: Imposing Two Punishments for One Quantity of Mixture of Heroin and Fentanyl Violates Double Jeopardy, by Douglas Ankney
- Illinois Study: Crime Rate not Tied to Prison Population Levels, by Kevin Bliss
- Ninth Circuit: State’s Forced Medication Order Was Properly Challenged Under Federal Habeas Corpus, by Dale Chappell
- Tracking Browser History, by Jayson Hawkins
- Ninth Circuit Announces Police Inserting Key in Car Door to Determine Vehicle Ownership Constitutes Search Overruling Circuit Precedent, by Anthony Accurso
- All Bark but No Bite, by Douglas Ankney
- Socially Unacceptable New York Cops, by Edward Lyon
- News in Brief
- New Jersey Supreme Court Announces Adoption of Framework for Evaluating Discovery Motions Challenging Warrant Affidavits Based on Unidentified Confidential Informants, by Douglas Ankney
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:
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024. Sex Offender Registration and Notification Act, Restrictions, discrimination, Constitutional Challenges/Law.
- Overthrowing the Constitution: All Sides Are Waging War on Our Freedoms, Nov. 1, 2024. Constitutional Challenges/Law.
- California Supreme Court Refuses Challenge to LWOP Sentence Imposed for Crime Committed After Age 18, Sept. 15, 2024. U.S. Sentencing Guidelines, Life without Parole (LWOP), Constitutional Challenges/Law.
- Alabama Denies Parole to Dead Prisoner, Aug. 15, 2024. Wrongful Death, Conditions of, Sentences - Length/Severity of, Compassionate Release.
- Condemned Alabama Prisoner Challenges Execution by Nitrogen Hypoxia, Aug. 15, 2024. Death Penalty, Constitutional Challenges/Law, Lethal Injection Method of Execution.
- How Parole and Probation “No-Association” Conditions Hamper Successful Reentry, June 1, 2024. Commentary/Reviews, Conditions of.
- Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment?, April 15, 2024. Commentary/Reviews, Statistics/Trends, Electronic Monitoring, Electronic Surveillance, Bail/Pretrial Release, Conditions of.
- Parole and Probation Accused of Driving Prison Growth, April 1, 2024. Commentary/Reviews, Statistics/Trends, Probation, Parole & Supervised Release, Conditions of.
- North Carolina Court of Appeals Reinstates Parolee’s Parental Rights, Says Parole Conditions Barred Him from Visiting Minor Daughter, April 1, 2024. Parole Conditions, Fathers in Prison, Parental rights, Conditions of.