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Articles by Dale Chappell

Tenth Circuit Vacates Conviction, Rules Waiver of Trial Counsel Not Knowingly Made

Randy ...

Hawai’i Supreme Court: Dog Sniff Unrelated to Initial Traffic Stop Requires Suppression of Evidence

When Cheri Numazawa called 911 to report ...

Seventh Circuit Holds First Step Act Applies to All Crack Offenses ‘As a Whole,’ Regardless of Crack Amounts

Attacking the Guilty Plea: Establishing Prejudice in the Guilty Plea Context

In my last column, we went over the general standard for showing ineffective assistance of counsel (“IAC”) in the guilty plea context under Strickland v. Washington, 466 U.S. 668 (1984).

In this column, we’ll go over the showing required to establish prejudice in the different categories ...

Fourth Circuit: IAC for Counsel’s Bad Advice That Open Plea Would Allow Appeal Denial of Motion to Suppress

The U.S. Court of Appeals for the Fourth Circuit held on April 20, 2020, that counsel’s erroneous advice that an open guilty plea without a plea agreement would allow an appeal of the denial of a motion to suppress evidence amounted to ineffective assistance of counsel (“IAC”), ...

D.C. Circuit Reverses Nearly 50-Year-Old Murder Conviction Over Faulty Hair Evidence

For the second time in the past year, the U.S. Court of Appeals for the D.C. Circuit overturned a decades-old murder conviction after the federal government admitted that it used faulty hair evidence to secure the conviction.

After almost 50 years of sitting in prison on a ...

U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal

In an unusual move, the U.S. District Court for the Northern District of Texas rejected the typical remedy under 28 U.S.C. § 2255 and instead opted to grant a “judicial remedy” to allow an out-of-time appeal, where the Court found that counsel was ineffective for failing to ...

California Court of Appeal: Trial Court Abused Discretion Denying Compassionate Release Where Statutory Criteria Are Met

The Court of Appeal of California, Fourth Appellate District, held on April 30, 2020, that the trial court abused its discretion when it denied a motion for compassionate release based upon considerations other than those set forth in Pen. Code § 1170, subd. (e).

The Department of ...

Eleventh Circuit Holds Georgia Terroristic Threats Conviction Overbroad for ACCA

The U.S. Court of Appeals for the Eleventh Circuit held on April 8, 2020, that a prior conviction under Georgia’s terroristic threats statute was overbroad and therefore failed to meet the elements clause of the Armed Career Criminal Act (“ACCA”).

Najee Oliver was sentenced as an armed ...

Oklahoma Enacts Jailhouse Informant Law, Joins Other States

The law was sponsored by Senator Julie Daniels and Representative Chris Kannady, making Oklahoma the third state ...

 

 

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