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Sixth Circuit: Plain Error Where District Court Required Defendant at Resentencing to Admit Guilt in Order to Fully Consider Defendant’s Evidence of Rehabilitation

Loaded on Nov. 1, 2023 by Douglas Ankney published in Criminal Legal News November, 2023, page 38
Filed under: Rehabilitation/Recidivism, Rehabilitation Factors, Admissiion of Guilt. Location: Tennessee.

by Douglas Ankney

The U.S. Court of Appeals for the Sixth Circuit found plain error where the U.S. District Court for the Middle District of Tennessee required Nickless Whitson to admit guilt in order to fully consider Whitson’s evidence of rehabilitation.

Whitson was initially convicted of eight felonies, including ...

 

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  2. People of Maine at Forefront of Battle to Keep Government Security Apparatus in Check, by Douglas Ankney
  3. A Nation of Snitches: DHS Is Grooming Americans to Report on Each Other, by Nisha Whitehead, John W. Whitehead
  4. Montana Supreme Court: Retroactive Application of Montana’s Sex Offender Registration Law, as Amended Since 2007, Violates Ex Post Facto Clause of State Constitution, by Douglas Ankney
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  7. Ninth Circuit: Younger Abstention Doctrine Inapplicable Where Habeas Petitioner Seeks Stay While § 1172.6 Petition in State Court Being Litigated and Petitioner Entitled to Stay of Habeas Proceedings While State Petition Pending, by Douglas Ankney
  8. Advent of ‘Green’ Ammunition Prompts Forensic Science to Analyze Organic and Inorganic Gunshot Residue and Establish Benchmarks for CSI, by Jo Ellen Nott
  9. Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, by Richard Resch
  10. Michigan Supreme Court Holds Guilty Plea Cannot Be ‘Voluntary and Knowing’ When Induced by Inaccurate Understanding of Minimum and Maximum Prison Sentence, by David Reutter
  11. Study Reveals Important Details About iPhone’s Building Level Registration Reliability, by Jo Ellen Nott
  12. California Supreme Court Clarifies Harmless-Error Analysis of Alternative-Theory Error, Reverses and Remands Where Court of Appeal Applied Incorrect Standard, by Douglas Ankney
  13. Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim, by Douglas Ankney
  14. 10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm, by Anthony Accurso
  15. Study: ‘Inconclusive Finding’ by Examiner of Cartridge Casing Should Be Finding of ‘Excluded’ 85% of the Time, by Douglas Ankney
  16. Facial Recognition Software Gives Unreliable Results with Black Individuals and Leads to Unlawful Arrests, by Jo Ellen Nott
  17. ICE Employees Caught (Again) Misusing Access to Databases, by Jordan Arizmendi
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  24. Sixth Circuit: Plain Error Where District Court Required Defendant at Resentencing to Admit Guilt in Order to Fully Consider Defendant’s Evidence of Rehabilitation, by Douglas Ankney
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