by Dale Chappell
Joining several other circuits, the U.S. Court of Appeals for the Tenth Circuit held that a district court has the discretion to determine whether “extraordinary and compelling reasons” exist under 18 U.S.C. § 3582(c)(1)(A)(i) when a prisoner files for compassionate release and that the outdated policy statement ...
by Dale Chappell
Some peaceful protestor may not mind the police having video of their protected right to assemble and push for change. But then there are some who would rather not have their face uploaded to a law enforcement facial-recognition database to be screened as a possible suspect in ...
by Dale Chappell
After more than two decades behind bars for a murder he didn’t commit, Fred Steese walked into a Las Vegas courtroom on March 1, 2021, to be awarded $1.4 million by the state but no apology. In fact, Steese was forced in 2012 to accept a plea ...
by Dale Chappell
In a case where habeas counsel purposely waited until it was too late to file a federal habeas corpus petition, the U.S. Court of Appeals for the Eleventh Circuit held on March 31, 2021, that counsel’s actions amounted to “abandonment” and allowed equitable tolling to excuse the ...
by Dale Chappell
In a case that numerous federal habeas petitioners have been awaiting, the U.S. Court of Appeals for the Fourth Circuit held on February 23, 2021, that the decision in United States v. Davis, 139 S. Ct. 2319 (2019), is a qualifying retroactive U.S. Supreme Court decision ...
by Dale Chappell
In a case where the lower courts assumed a defendant prevented an alleged victim of domestic violence from appearing at trial as a witness to testify against him, the Texas Court of Criminal Appeals (“TCCA”) held that the introduction of the alleged victim’s statements without her being ...
by Dale Chappell
The U.S. Court of Appeals for the Eighth Circuit ruled that the so-called “Martinez exception” should have allowed a procedurally defaulted federal habeas claim of ineffective assistance of state postconviction counsel (“IAPC”) to be heard by the U.S. District Court for the Eastern District of Missouri, ...
by Dale Chappell
The U.S. Court of Appeals for the Seventh Circuit affirmed the grant of federal habeas corpus relief to a state prisoner, finding that counsel was ineffective for failing to raise a no-causation defense because of his “fundamental misunderstanding” of a key witness’ testimony at trial.
The case ...
by Dale Chappell
You’ve got “one clean shot” atfederal habeas corpus relief, so understanding how to properly file that motion is crucial. There aren’t any “do-overs” in federal habeas corpus, and there are lots of procedural obstacles that can kill your attempt at relief before it ever gets going.
In ...
by Dale Chappell
Citing the First Step Act’s purpose of correcting the racial disparities under the severe crack cocaine sentences handed out for decades, the U.S. Court of Appeals for the District of Columbia held on December 29, 2020, that the U.S. District Court for the District of Columbia’s reasons ...
