by Dale Chappell
For nearly a decade, the ACLU has fought Michigan’s Sex Offender Registration Act (“SORA”), challenging provisions it claims violate constitutional rights. Despite repeated rulings declaring earlier versions unconstitutional, Michigan enacted a revised SORA in 2021 that retained many restrictive and retroactive measures. In Does v. Whitmer, 2024 ...
by Dale Chappell
ederal courts have increasingly rejected the government’s argument that the U.S. Sentencing Commission lacked authority in implementing U.S. Sentencing Guidelines (“USSG”) § 1B1.13(b)(6). This provision, effective as of November 2023, allows courts to consider non-retroactive changes in sentencing laws when determining whether a prisoner’s sentence is unusually ...
by Dale Chappell
The term “procedural default” is a significant barrier in federal habeas corpus petitions. It means that if a claim could have been raised on direct appeal or at any earlier stage but was not, a federal court generally cannot consider the claim. However, there are several recognized ...
by Dale Chappell
As most federal prisoners know, the so-called “Savings Clause” under 28 U.S.C. § 2255(e) is now dead in the wake of the ultra-conservative Supreme Court’s questionable decision in Jones v. Hendrix, 143 S. Ct. 1857 (2023). If you’re not aware, Hendrix ended the use of the Savings Clause, ...
by Dale Chappell
In the name of finality, federal courts are reluctant to undo criminal judgments of the state courts—especially repeated attempts by petitioners to do so under federal habeas corpus. When the Antiterrorism and Effective Death Penalty Act (“AEDPA”) came along in 1996, codifying longstanding rules prohibiting multiple attempts ...
by Dale Chappell
Refusing to uphold an unconstitutional death sentence, the U.S. Court of Appeals for the Fourth Circuit held on March 22, 2023, that the State’s forfeiture of a procedural defense in a habeas corpus appeal could not be revived after a remand from the U.S. Supreme Court.
Over ...
by Dale Chappell
If you’re filing for post-convictionrelief under 28 U.S.C. § 2255, getting the court to grant an evidentiary hearing is a big step toward getting that relief. Successful § 2255 motions are often based on claims asserting facts that are not in the record. Indeed, the primary purpose ...
by Dale Chappell
The slam dunk for federal habeas claims, if such a thing exists, would be a claim that successfully challenges the evidence in a criminal case. By tossing the unlawfully-obtained evidence, not only would the conviction be overturned, but the prosecution wouldn’t have a case for a new ...
by Dale Chappell
Believe it or not, someone proving they’re “actually innocent” of their criminal offense is not enough to win federal habeas corpus relief. That’s because actual innocence, by itself, is not a constitutional violation to allow for federal habeas relief. Instead, it’s only the first step toward relief, ...
by Dale Chappell
District court judges in the federal courts have always had judicial assistants, in addition to law clerks, helping with their caseloads. Long before magistrate judges became what they are today, they were called “commissioners,” who were basically lawyers hired on an as-needed basis.
But in 1958, Congress ...
