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Ninth Circuit Announces Issues Not Raised in Prior Appeal Are Not Waived on Subsequent Appeal Following De Novo Resentencing
by Douglas Ankney
In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit held that issues not raised in a prior appeal are not waived in a subsequent appeal following de novo resentencing. The Court also held that a defendant’s position as an “essential member” ...
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More from this issue:
- DNA Databases, Privacy Concerns, and Noble Cause Bias, by Michael Thompson
- Third Circuit Announces Rehaif Applies Retroactively to Cases on Collateral Review and Rules Second-in-Time § 2255 Petition Not Successive Where Defendant Resentenced Prior to Second Petition, by Sam Rutherford
- Ninth Circuit Announces Issues Not Raised in Prior Appeal Are Not Waived on Subsequent Appeal Following De Novo Resentencing, by Douglas Ankney
- AI-Generated Police Reports Must Have Guardrails for Inaccuracy, Bias, Transparency, and Review, by Jo Ellen Nott
- Law Review Article Reports Metadata on Victims of Coercive Plea Bargaining, by Matthew Clarke
- First Circuit Announces Doctrine of Abatement Ab Initio Applies When Defendant Dies During Pendency of Direct Appeal in Published Precedential Ruling, by Douglas Ankney
- Maryland Governor Pardons Thousands of Low-Level Marijuana Convictions, Seeking to Right Historical Wrongs, by Jo Ellen Nott
- Investigation Reveals That Almost 90% of Discipline Records Temporarily Disappeared From Officer Tracking System Used by the NYPD, by Jo Ellen Nott
- Push Notifications: Yet Another Secret Surveillance Technique, by Michael Thompson
- The Steady Slide Towards Tyranny: How Freedom Dies from A to Z, by Nisha Whitehead, John W. Whitehead
- Years of Warnings Ignored as DNA Analyst at Colorado Crime Lab Allegedly Cut Corners, Her Misconduct Casts Doubt on Thousands of Cases, by Jo Ellen Nott
- Indiana Supreme Court Announces Proper Procedural Framework for Civil Forfeiture and Who Constitutes an ‘Owner’, by Sam Rutherford
- Eighth Circuit Holds Right to Self-Representation Is Not Forfeited Based Solely on Defendant’s Repeated Assertion of Frivolous ‘Sovereign Citizen’ Arguments, by Sam Rutherford
- Maryland Eliminates Parole Fees, by Douglas Ankney
- California Court of Appeal Holds Defendant Suffering From ALS and Near Death Entitled to Compassionate Release, by Sam Rutherford
- Forensic Microbiology and Criminal Investigations, by Douglas Ankney
- The FBI Really Doesn’t Want the Public to Know About This Surveillance Device, by Michael Thompson
- Thousands of Americans’ Mail Monitored by Law Enforcement, Records Reveal, by Jo Ellen Nott
- Tenth Circuit: Mere Presence in Vehicle Used to Transport Large Quantity of Drugs Insufficient to Establish Necessary Intent for Conspiracy Conviction, by Anthony Accurso
- California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393, by Matthew Clarke
- New Mexico Supreme Court Holds Double Jeopardy Applies When Prosecutor’s Misconduct Willfully Disregarded Resulting Mistrial, by Matthew Clarke
- Texas Court of Criminal Appeals Holds Admission of Defendant’s Rap Videos at Trial Was Unfair Propensity Evidence and Orders New Trial, by Sam Rutherford
- Woman Left Handcuffed in Parked Cop Car Struck by Train Settles Suit for $8.5 Million, by Douglas Ankney
- Washington Court of Appeals Clarifies ‘Nexus’ Standard Authorizing Warrantless Searches of Parolees and Probationers, by Sam Rutherford
- Colorado Law Enforcement Agencies Will Soon Send Drones Instead of Cops in Response to 911 Calls, by Douglas Ankney
- California Court of Appeal: In SB 483, Legislature Intended to Prohibit Prosecution Withdrawing Plea Agreement for Any Sentence Reduction in § 1172.75 Resentencing Hearing, Even Reductions Based on Code Provisions Not Enacted by SB 483—Deepening Split in, by David Reutter
- First Circuit Holds Government Breached Plea Agreement With Defendant by Failing to Explain Why It Agreed to Substantial Downward-Variant Sentence, by Sam Rutherford
- News in Brief
- The Catch-22 of Qualified Immunity, by Douglas Ankney
- Hair Drug Testing: New Approach Differentiates Deliberate Ingestion or Introduction From Environmental Exposure, by Jo Ellen Nott
- Behavioral Health Experts Claim Head Movement While Speaking Indicator Whether Women Are Psychopathic, by Douglas Ankney
- California Court of Appeal: Defendant’s Conversation With Officers Not Consensual Based on Officers’ Positioning and Manner of Approaching Legally Parked Vehicle so Evidence Obtained Resulting From Conversation Must Be Suppressed, by Douglas Ankney
More from Douglas Ankney:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
More from these topics:
- Second Circuit Holds Full De Novo Resentencing Hearing Required Based on Partially Successful Habeas Petition Where Resentencing Judge Not Original Judge and Changed Circumstances Plausibly Alleged, Dec. 1, 2024. Resentencing, De Novo Resentencing, Remands/Rehearings/Resentencings.
- Fourth Circuit Announces ‘Sentencing Package Doctrine’ Permits District Court to Resentence Both Covered and Noncovered Offenses Under First Step Act, July 15, 2024. First Step Act, Resentencing, De Novo Resentencing.
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, May 15, 2024. Resentencing, De Novo Resentencing, Right to be Present.
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6, March 15, 2024. Resentencing, De Novo Resentencing, Right to be Present.
- California Court of Appeal Reverses Denial of Full Resentencing Under SB 483, March 15, 2024. Resentencing, De Novo Resentencing.
- California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91, Jan. 15, 2024. State Statutes, Guilty Plea, Resentencing, De Novo Resentencing, Plea Agreements/Guilty Pleas.
- Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding, Nov. 1, 2023. U.S. Sentencing Guidelines, Appealable Issues/Orders, Certificate of Appealability.
- Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review, Oct. 1, 2023. U.S. Sentencing Guidelines, Appealable Issues/Orders.
- Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’, Oct. 1, 2023. Magistrates, Habeas Corpus, De Novo Resentencing.
- Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense, Aug. 15, 2021. Appealable Issues/Orders, Conflict of Interest.