by Dale Chappell
With law enforcement targeting anyone and everyone during recent demonstrations, here are a few tips from some experts on what to do if you’re pepper-sprayed.
The most important tip, they say, is not to take a shower — yet. If you do, the pepper spray will run ...
by Dale Chappell
As Congress looks to renew the PATRIOT Act, some members of Congress and privacy advocates are concerned about privacy issues because Congress has no idea what internet data the government has been collecting on citizens.
In a letter sent by Oregon Senator Ron Wyden to Acting Director ...
by Dale Chappell
The U.S. Court of Appeals for the Tenth Circuit held on June 15, 2020, that a district court’s failure to fully advise a defendant of the elements of the charges and the correct penalty he faced amounted to his waiver of trial counsel not knowingly made.
Randy ...
by Dale Chappell
The Supreme Court of Hawai’i held on June 9, 2020, that a dog sniff search based on reasons unrelated to the original purpose of a proper traffic stop was an unconstitutional search and vacated the judgment affirming a drug conviction.
When Cheri Numazawa called 911 to report ...
by Dale Chappell
The U.S. Court of Appeals for the Seventh Circuit held on April 28, 2020, that eligibility under the First Step Act’s retroactive application of the Fair Sentencing Act (“FSA”) applies to all crack-cocaine offenses “as a whole,” regardless of the amount of crack involved in the offense. ...
by Dale Chappell
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 ...
by Dale Chappell
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”), ...
by Dale Chappell
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 ...
by Dale Chappell
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 ...
by Dale Chappell
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 ...
