by Dale Chappell
The U.S. Court of Appeals for the Fourth Circuit held on April 23, 2020, that a retroactive change in law that rendered a career offender sentence erroneous required a district court to fix that error when resentencing under the First Step Act’s application of the Fair Sentencing ...
by Dale Chappell
A study by the National Institute of Standards and Technology (“NIST”), a non-biased government agency that does independent testing on various technologies and industries, has found that facial recognition software used to identify criminal suspects is lacking across the board in accuracy.
The study was thorough; it ...
by Dale Chappell
In the show Making a Murderer on Netflix, a forensics lab was tasked with figuring out if microscopic particles on a bullet were bone, as the prosecutor claimed. Turns out it was wood, not bone, lending a hand to the defense’s theory that it was not the ...
by Dale Chappell
Medical marijuana is legal in the state of Minnesota, but recreational use is not. This causes problems for the state’s Hemp Pilot program, which licenses growers of hemp as long as the THC concentration stays below 0.3 percent. If the THC is greater than that, it’s considered ...
by Dale Chappell
The U.S. Court of Appeals for the Fourth Circuit held on March 4, 2020, that the savings clause of 28 U.S.C. § 2255(e) is available even if based on a court decision that existed earlier but was not made retroactive until after the direct appeal and first ...
by Dale Chappell
Courts often look to Congress when interpreting the meaning of a law. They look at Congress’ intent behind the law and any statements made by legislators in drafting the law. This is the “legislative history” of the law and one of the main tools courts use to ...
by Dale Chappell
The U.S. Court of Appeals for the Second Circuit made three important favorable rulings on April 24, 2020, concerning relief under the First Step Act for career offenders, those who get released while their motion is pending, and the proper avenue for relief.
The case came before ...
by Dale Chappell
The U.S. Court of Appeals for the Eleventh Circuit held on March 24, 2020, that substantive Hobbs Act robbery is “too broad” and doesn’t qualify to require a sentencing enhancement under the career offender provision of the United States Sentencing Guidelines (“USSG”).
In a consolidated direct appeal ...
by Dale Chappell
In a case of first impression, the Nebraska Supreme Court held on March 13, 2020, that theft from multiple owners “at the same and in the same place … constitutes a single offense,” and thus multiple theft charges violates the Double Jeopardy Clause of both the Nebraska ...
