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Sixth Circuit Announces Criminal Forfeiture Under Fed. R. Crim. P. 32.2(b) Is Mandatory Claims-Processing Rule, Reverses $62.5 Million Money Judgments
by Douglas Ankney
The U.S. Court of Appeals for the Sixth Circuit reversed two money judgments totaling $62.5 million after holding Federal Rule of Criminal Procedure 32.2(b) (“Rule 32.2(b)”) is a mandatory claims-processing rule with which the U.S. District Court for the Eastern District of Kentucky and the Government failed ...
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More from this issue:
- False Confession Generator: How Accusatorial Interrogations Undermine the Pursuit of Justice, by Anthony Accurso
- Arizona Supreme Court Announces Jury Unanimity Required Regarding Narcotic Type Under Possession Statute, by Anthony Accurso
- Against the Flow: How the National Registry of Exonerations Is Working to Turn the Tide of Wrongful Convictions Across U.S., by Benjamin Tschirhart
- Ninth Circuit Announces District Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law When Deciding Motion for Compassionate Release, by Douglas Ankney
- Across the Nation, Cops Use ‘Fog Reveal’ to Track More Than 250 Million Mobile Devices, by Douglas Ankney
- First Circuit Reverses Denial of Habeas Relief Where District Court Found Batson Error but Observed AEDPA, Deferred to State Court’s Finding that No Batson Error Occurred, by Douglas Ankney
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, by Dale Chappell
- Second Circuit Announces District Courts Must Provide Habeas Petitioners with Notice and Opportunity To Be Heard Before Dismissing Petition Sua Sponte Based on Stone’s Limitation on Fourth Amendment Claims, by Douglas Ankney
- Massachusetts Supreme Judicial Court: Criminal Record Alone Does Not Justify Patfrisk, Gun Discovered in Waistband Suppressed, by Jacob Barrett
- Third Circuit: Defendant Entitled to Reasonable Opportunity to File Sentencing Memo Before Resentencing Under First Step Act, by David Reutter
- Fifth Circuit Denies Absolute Immunity for Prosecutor Who Fabricated Evidence in Murder Conviction and Death Sentence, by Douglas Ankney
- Prosecutors in These States Can Review Sentences They Deem Extreme. Few Do., by Matt Nadel, Charlie Lee
- Fourth Circuit Announces Substantive Reasonableness Review Applies to All Proceedings Under § 404 of First Step Act, Regardless of Whether Motion Is Granted or Denied, by Douglas Ankney
- Sixth Circuit Announces Criminal Forfeiture Under Fed. R. Crim. P. 32.2(b) Is Mandatory Claims-Processing Rule, Reverses $62.5 Million Money Judgments, by Douglas Ankney
- Colorado Supreme Court: Police Officer’s ‘Hunches’ Cannot Establish Probable Cause, Determination Requires Consideration of Facts Weighing in Favor and Against Probable Cause, by Anthony Accurso
- Kentucky Supreme Court Announces Obtaining Real-Time CSLI Data Constitutes a Search Under Fourth Amendment, Addressing Legal Question U.S. Supreme Court Explicitly Left Open in Carpenter, by Anthony Accurso
- New York Court of Appeals Reverses Murder Conviction Where Trial Court’s Evidentiary Rulings Deprived Defendant of ‘Opportunity to Present Complete Defense’, by Douglas Ankney
- Miami Police Officer Who Broke ‘Blue Code of Silence’ Being Investigated, by Casey Bastian
- Eighth Circuit: District Court Erred in Denying Government’s Motion to Dismiss Charges as Part of Plea Agreement, by David Reutter
- NIST’s Upgrade to Software Reference Library Makes Data More Accessible to Law Enforcement, by Douglas Ankney
- For $10 Billion, New Yorkers Get a Police Package Deal That Includes Corrupt Career Officers and Almost 1,000 Criminal Cases Tossed, by Douglas Ankney
- Indiana Supreme Court Announces Trial Rule 26(B)(3) Governs Whether Police Reports Are Protected Work Product, Expressly Overruling Keaton, by Douglas Ankney
- Variability in Records Requests Obscures Police Use of Surveillance, by Anthony Accurso
- U.S. Senator to Federal Agency: Investigate Abusive Use of Administrative Subpoena Power to Gather Bulk Financial Records, by Casey Bastian
- Fog Data Science, Your Hometown Data Broker, by Anthony Accurso
- News in Brief
- Due Processless Civil Asset Forfeitures in Houston, Texas, by Edward Lyon
More from Douglas Ankney:
- Idaho Stopped From Repeatedly Scheduling Executions That It Cannot Carry Out, July 1, 2024
- In New Jersey, Yet More Privileged Phone Calls Between Prisoners and Attorneys Recorded and Used by Prosecutors, July 1, 2024
- Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health, July 1, 2024
- Missouri Muslim Prisoners Advance Suit Against Guards For Assault During Prayer, July 1, 2024
- California Supreme Court: Defendant Has Due Process Right to Notice of Prosecution’s Election to Seek Enhanced Sentence in Order to Make Key Decisions About Defense, June 15, 2024
- Kansas Supreme Court Announces Clarification of Framework for Deciding Whether Confession Is Voluntary and Overrules Precedents That Held Reliability of Confession Is Factor to Be Considered, June 15, 2024
- Decedent’s End-of-Life Condition and Toxicology May Alter Time-of-Death Estimation, June 15, 2024
- Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1), June 15, 2024
- Third Circuit Denies Prosecutor’s Claim of Absolute Immunity Where Wrongfully Convicted Man’s Complaint Alleged Facts Sufficient to Support Finding That Prosecutor’s Actions Served ‘Investigatory Function’, June 15, 2024
- Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation, June 15, 2024
More from these topics:
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, March 15, 2024. Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise.
- Indiana Supreme Court Announces Civil Forfeiture Triggers Right to Jury Trial, Feb. 15, 2024. Forfeiture, Forfeiture Money Judgments, Jury Trial.
- Sixth Circuit Announces Due Process Right to ‘Prompt’ Post-Seizure Hearing While Government Deciding Whether to Initiate Forfeiture Proceedings and Holds Wayne County’s Vehicle Forfeiture Program Violates Due Process, Feb. 15, 2024. Forfeiture.
- Houston Prosecutors Profit Millions From Cash Illegally Seized, April 15, 2023. Seizure of Prisoner Funds, Forfeiture.
- Theft of Public Funds or Accounting Incompetence? Kansas Police Agencies Can’t Accurately Track Property Forfeitures, Jan. 15, 2023. Forfeiture, Federal Funds.
- Charlotte Is Ground Zero for New FBI Asset Forfeiture Tip Line Program, Jan. 15, 2023. Forfeiture.
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022. Habeas Corpus, Sentence and Judgement.
- Maine Now Requires Criminal Conviction Before Property May Be Forfeited, May 15, 2022. Forfeiture.
- Filmmaker Got Back His $69,000 ‘Stolen’ by DEA Agent, Plus a $15,000 Settlement, May 15, 2022. Settlements, Forfeiture, Civil Asset Forfeiture Reform Act (CAFRA), Transportation Security Administration (TSA).
- Digital Tyranny: Beware of the Government’s Push for a Digital Currency, May 1, 2022. Forfeiture.