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Ninth Circuit Clarifies Montana Supreme Court’s Sentence Review Division Is Not an ‘Appeal’ Triggering Habeas Clock

Loaded on July 15, 2021 by Dale Chappell published in Criminal Legal News August, 2021, page 33
Location: Montana.

by Dale Chappell

Prisoners get just one year to file a habeas petition in federal court after their direct appeals have been exhausted. Montana prisoners, though, have two avenues to challenge their sentence. On May 6, 2021, the U.S. Court of Appeals for the Ninth Circuit held that while challenging ...

 

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More from this issue:

  1. Reevaluating Capital Punishment and Psychosis: How Sane Must We Be to Qualify for Execution?, by Michael Fortino, Ph.D
  2. Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, by Derek Gilna
  3. Drivers Beware: The Deadly Perils of Blank Check Traffic Stops, by Nisha Whitehead, John W. Whitehead
  4. U.S. District Court Grants Compassionate Release Based Entirely on Nearly Three-Decade-Old Sentencing Error, Reduces Life Sentence, by Dale Chappell
  5. Decades of Data Link Juvenile Lead Exposure and Criminal Behavior, by Casey Bastian
  6. New Jersey Governor Celebrates Juneteenth by Signing ‘Ban the Box’ Into Law, by Dale Chappell
  7. Fourth Circuit: Appeal Waiver Does Not Bar Challenge to Special Conditions Not Orally Pronounced in Open Court, by Dale Chappell
  8. Connecticut Supreme Court: Use of Jailhouse Informant Violated Sixth Amendment Right to Counsel, by Douglas Ankney
  9. Crime, the Myth, by Emile DeWeaver
  10. Physics Offers New Perspective on Blood Spatter Investigations, by Michael Fortino, Ph.D
  11. Texas Court of Criminal Appeals Clarifies Interpretation of Aggravating Provisions of Section 22.01(b)(2)(A) and (B), Charging One Provision at Guilt Phase Doesn’t Confer Jurisdiction to Argue Other Provision at Sentencing Phase, by David Reutter
  12. Ninth Circuit Affirms Denial of Qualified Immunity to Officers Who Coerced 13-Year-Old to Falsely Confess to Murder, by Douglas Ankney
  13. Simple Training Can Prevent Police From Mistaking Gun for Taser, by Matthew Clarke
  14. Seventh Circuit Holds Hobbs Act Robbery Not ‘Crime of Violence’ for Career Offender Enhancement, Likely IAC for Not Anticipating Outcome, by Dale Chappell
  15. SCOTUS Holds LWOP for Juveniles Does Not Require Finding of Incorrigibility, by Dale Chappell
  16. Maryland Court of Appeals: Erroneous Anti-CSI Jury Instruction Was Not Harmless Error, by Douglas Ankney
  17. Fourth Circuit Announces First Step Act Determinations Subject to Procedural and Reasonableness Requirements, by Douglas Ankney
  18. Michigan Supreme Court: Anonymous Tip Alleging Woman Was Driving Drunk Because She Yelled at Her Children Failed to Provide Reasonable Suspicion for Terry Stop, by Douglas Ankney
  19. SCOTUS Announces ACCA ‘Violent Felony’ Requires Knowing Use of Force, Not Mere Reckless Conduct, by Dale Chappell
  20. Eighth Circuit Suppresses Evidence, Ruling Plain View Exception Inapplicable, by David Reutter
  21. Is 743 Years Imprisonment Enough Time to Teach Someone A Lesson?, by Michael Fortino, Ph.D
  22. Ninth Circuit Clarifies Montana Supreme Court’s Sentence Review Division Is Not an ‘Appeal’ Triggering Habeas Clock, by Dale Chappell
  23. Kansas Supreme Court Affirms Dismissal of Convictions After State Fails to Preserve Issue for Appeal, by Dale Chappell
  24. New York City Ends Qualified Immunity for Police, by Matthew Clarke
  25. Pennsylvania Supreme Court Clarifies Standard for Admission of Evidence of Third Party Guilt, by Douglas Ankney
  26. D.C. Circuit: Ambiguous Plea Agreement Requires Interpretation in Favor of Defendant, by David Reutter
  27. Sixth Circuit: First Step Act Amendments to § 924(c) Inapplicable to Defendant Sentenced Before Act’s Effective Date Even When Sentence Later Vacated, by Douglas Ankney
  28. Ninth Circuit: Oregon’s UUW Statute Improperly Assimilated Under Federal Assimilative Crimes Act, by Douglas Ankney
  29. Pennsylvania Supreme Court Frees Bill Cosby, by Richard Resch
  30. "Arizona Supreme Court Announces ‘Reasonable Possibility’ Standard in Balancing Right to Present Complete Defense Against Victim’s Refusal to Disclose Privileged Medical Records", by Douglas Ankney
  31. A New Age of Video Analytics, by Jayson Hawkins
  32. D.C. Circuit: Counsel’s Failure to Object to District Court’s Reliance Upon Wrong Sentencing Guideline Constitutes Ineffective Assistance, by Douglas Ankney
  33. Wisconsin Supreme Court: Department of Corrections Database on Sex Offenders Evaluated for Civil Commitment Discoverable in Civil Commitment Proceeding, by Matthew Clarke
  34. Illinois Supreme Court: State Failed to Prove Constructive Possession of Firearm, by Anthony Accurso
  35. Pennsylvania Supreme Court: Single Conviction for Non-Enumerated Crime of Violence Does Not Qualify as History of Violent Behavior Under RRRI Act, by Douglas Ankney
  36. Unjust Civil Asset Forfeiture in Phenix City, Alabama, by Edward Lyon
  37. Florida Police Accused of Misconduct Given Second Chances, by David Reutter
  38. The Vallejo Cop Controversy: Whistleblowers Expose a Secret Club of Killers, by Jayson Hawkins
  39. Fusion Technology Enables Vast Police Surveillance, by Jayson Hawkins
  40. Building Data on Police Conduct, by Jayson Hawkins
  41. Domestic Terrorism Laws and Civil Liberties, by Jayson Hawkins
  42. Report: Encryption No Barrier to Feds, by Jayson Hawkins
  43. News in Brief

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