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Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL

Loaded on Jan. 15, 2024 by Douglas Ankney published in Criminal Legal News January, 2024, page 48
Filed under: New Trial Motions, AEDPA, Mental Health, Statutes of Limitation and Laches, Tolling of Statutes of Limitations and Laches. Location: Virginia.

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit held that an evidentiary hearing was required where Berman Justus, Jr.’s, allegation of mental illness, if true, was sufficient to demonstrate extraordinary circumstances warranting relief under Rule 60(b)(6) of the Federal Rules of Civil Procedure and equitable tolling ...

 

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  1. Federal Sentencing Guidelines Undergo Substantial Amendments, by David Reutter
  2. California Court of Appeal: Probation Condition Prohibiting Possession of Pornography Impermissibly Vague, by Douglas Ankney
  3. FBI Access to FISA Database Includes Some Accountability, by Anthony Accurso
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  6. Survey: Why Defendants Cooperate with the Government in a Process Described as ‘Unfair’ by Defense Attorneys, by Douglas Ankney
  7. West Virginia University Forensic Scientists Provide a Benchmark for Analyzing Duct Tape Fracture Edges, by Jo Ellen Nott
  8. FBI Buys Software to Enslave Your Phone, by Michael Thompson
  9. The White House Goes Rogue: Secret Surveillance Program Breaks all the Rules, by Nisha Whitehead, John W. Whitehead
  10. House Judiciary Committee Investigates Major Banks for Unauthorized Sharing of Private Financial Information With the FBI, by Jo Ellen Nott
  11. Second Circuit: Money Concealment Guilty Plea Vacated for Lack of Evidence to Support Factual Finding of Required Mens Rea, by David Reutter
  12. Oregon Supreme Court Announces Overruling of Precedent on ‘Attempted Transfer’ of Drugs, by David Reutter
  13. Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment, by Douglas Ankney
  14. Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence, by Douglas Ankney
  15. First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, by Richard Resch
  16. Human DNA Retrieved From Dogs Might Provide Evidence, by Douglas Ankney
  17. Sixth Circuit: Trial Judge’s Personal and Condemnatory Remarks Directed Toward Defendant Requires Recusal, by Douglas Ankney
  18. Police Requests to Google Replacing Old Fashioned Detective Work, by Anthony Accurso
  19. One Solution to Jurors Giving Too Much Weight to Improper Forensic Testimony: 4-Minute Training Video Based on DOJ Guidelines, by Matthew Clarke
  20. California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91, by Douglas Ankney
  21. California Bans Bogus ‘Excited Delirium’ Diagnosis as Cause of Death, by Douglas Ankney
  22. New Mexico Supreme Court Clarifies When Reviewing Double Jeopardy Claims, Court to Apply Blockburger’s Strict-Elements Test or Modified Strict-Elements Test—Not Both, by Douglas Ankney
  23. FBI Lost Count of Its Snitches at Capitol on January 6, 2021, by Douglas Ankney
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  25. Jesse Johnson: 194th Person Exonerated While on Death Row, by Jordan Arizmendi
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  31. Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL, by Douglas Ankney
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