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Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill
by Douglas Ankney
The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the Western District of Oklahoma erred in applying United States Sentencing Guideline (“U.S.S.G.”) § 2A2.1(a)(2) without a specific finding of an intent to kill.
A jury convicted Jimmy Lee Brooks of ...
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More from this issue:
- Your Car Is Spying on You, by Michael Thompson
- People of Maine at Forefront of Battle to Keep Government Security Apparatus in Check, by Douglas Ankney
- A Nation of Snitches: DHS Is Grooming Americans to Report on Each Other, by Nisha Whitehead, John W. Whitehead
- 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
- Checking In With Community Supervision, by Anthony Accurso
- New Jersey Takes First Steps in Eliminating Public Defender Fees, by Jordan Arizmendi
- 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
- Advent of ‘Green’ Ammunition Prompts Forensic Science to Analyze Organic and Inorganic Gunshot Residue and Establish Benchmarks for CSI, by Jo Ellen Nott
- Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, by Richard Resch
- 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
- Study Reveals Important Details About iPhone’s Building Level Registration Reliability, by Jo Ellen Nott
- California Supreme Court Clarifies Harmless-Error Analysis of Alternative-Theory Error, Reverses and Remands Where Court of Appeal Applied Incorrect Standard, by Douglas Ankney
- 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
- 10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm, by Anthony Accurso
- Study: ‘Inconclusive Finding’ by Examiner of Cartridge Casing Should Be Finding of ‘Excluded’ 85% of the Time, by Douglas Ankney
- Facial Recognition Software Gives Unreliable Results with Black Individuals and Leads to Unlawful Arrests, by Jo Ellen Nott
- ICE Employees Caught (Again) Misusing Access to Databases, by Jordan Arizmendi
- Fourth Circuit: Evidence Suppressed Where Officers Seized Defendant Without Reasonable Suspicion and Forced Him to Prove He Was Not Armed, by Anthony Accurso
- Electrocution by Taser Is Not Death From Excited Delirium, by Douglas Ankney
- New Jersey Supreme Court Announces Presumption in Favor of In-Person Interpreter for Criminal Trials and Issues Guidelines for Use of Video Remote Interpreting, by Matthew Clarke
- Sheep and Sheepdogs: Use and Abuse of Non-Lethal Crowd Control Weapons, by Benjamin Tschirhart
- Arizona Attorney General Settles Lawsuit, Agrees to Toss Unconstitutional Law Banning the Recording of Cops, by Jo Ellen Nott
- Fourth Circuit Vacates Denial of First Step Act Relief Where Record Unclear Whether District Court Considered All Nonfrivolous Arguments Raised by Defendant, by Douglas Ankney
- 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
- Colorado’s Amendments to Post-Conviction DNA Testing Statute Allows Greater Number of Affected Persons to Seek Testing, by Douglas Ankney
- Gunshot Detection Technology Continues to Acquire New Business Despite Major Clients Dropping Contracts and Researchers Questioning Its Effectiveness, by Jo Ellen Nott
- Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill, by Douglas Ankney
- Computing Fear in Black and Brown Communities, by Michael Thompson
- DOJ Concludes Louisville Police Engaging in Patterns of Unconstitutional Conduct, by Douglas Ankney
- ICE Tramples Over the Judicial System, by Jordan Arizmendi
- U.K. Study of Consistency Among Pairs of Child Witnesses Shows Surprising Results, by Matthew Clarke
- Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding, by Douglas Ankney
- West Virginia Supreme Court Announces in the Absence of a Deadline, Trial Court Must Permit Defendant to Stipule to Prior Conviction During Trial, by Douglas Ankney
- Geofencing January 6th, by Michael Thompson
- Three’s a Crowd: Issues of DNA Mixture Analysis and Interpretation, by Eike Blohm, MD
- New Mexico Supreme Court Announces Trial Courts Retain Common Law Jurisdictional Authority to Correct Illegal Sentences, Allows Defendant to Withdraw Plea After Sentence Correction Involving Additional Parole Time, by Anthony Accurso
- News in Brief
More from Douglas Ankney:
- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024
- Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024
- New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, May 15, 2024
- Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, May 15, 2024
- New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase, May 15, 2024
- $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024
- Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, April 15, 2024
- New York Court of Appeals Declines to Adopt Per Se Rule That Handcuffed Person Is Always ‘In Custody’ for Miranda Purposes, but Holds the Handcuffed Defendant Was ‘In Custody’ and Suppress Incriminating Statements, April 15, 2024
- Fifth Circuit: Admission of DHS Investigation Form G-166F at Trial Where Preparer of Form Did Not Testify Violates Confrontation Clause and Rule Against Hearsay, April 15, 2024
- Does the Fourth Amendment Protect Cellphones at the Border?, April 15, 2024
More from these topics:
- California Felony-Murder Reform Shaves 11,000 Years Off 600 Prisoner Sentences, March 1, 2024. Murder/Felony Murder, Resentencing.
- New Mexico Supreme Court Announces Marquez’s Holding That ‘Crime of Shooting at or From Motor Vehicle Cannot Be Predicate Felony Supporting Charge of Felony Murder’ Is New Substantive Rule and Applies Retroactively, Feb. 15, 2024. Retroactivity, Murder/Felony Murder.
- California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-Murder Theory, Oct. 1, 2023. Jury Instructions, New Trial Motions, Murder/Felony Murder.
- Oregon Parole Hearing Exclusion Rule Invalidated, Sept. 15, 2023. Parole Board Misconduct, Murder/Felony Murder, Exclusionary Rule, Probation, Parole & Supervised Release.
- Interrogating a Suspect With an Intellectual Disability Using the Reid Technique: Recipe for a False Confession, Sept. 1, 2023. Murder/Felony Murder, False Confessions, Mental Retardation/Intellectual Disability.
- California Court of Appeal Reverses Felony Murder Conviction Because Evidence Insufficient to Support Underlying Predicate Felony of Attempted Robbery, Sept. 1, 2023. Murder/Felony Murder, Bank Fraud/Robbery/Theft.
- SCOTUS Announces § 924(c)(1)(D)(ii)’s Consecutive Sentence Mandate Not Applicable to § 924(j) Sentences, Aug. 1, 2023. Murder/Felony Murder, Concurrent and Consecutive Sentences.
- California Supreme Court Announces Proof of First Degree Poison Murder Requires Showing Defendant Deliberately Gave Victim Poison with Intent to Kill or Inflict Injury Likely to Cause Death, Aug. 1, 2023. Murder/Felony Murder.
- Convicted Murderer Released 16 Years Early Is Ordered Back to Prison by South Carolina High Court, June 1, 2023. Guard Misconduct, Murder/Felony Murder, Revocation Proceedings.
- Louisiana High Court Abandons Ab Initio Precedent in Favor of “Victim’s Rights”, May 1, 2023. Wrongful Conviction, Crime Victims Rights Act, Suicides, Murder/Felony Murder.