by Dale Chappell
The latest attempt by the California courts to “harmonize” the state’s brutally secretive police protection statutes with the U.S. Supreme Court’s ruling in Brady v. Maryland, the 1963 case holding that prosecutors must turn over favorable evidence to the defense in order to satisfy the Due ...
by Dale Chappell
While Illinois has legalized recreational marijuana and pardoned more than 11,000 people with marijuana cases, removing marijuana charges and convictions from your record may require more leg work from some who don’t qualify under the automatic clearing of certain marijuana records.
“We are ending the 50-year-long war ...
by Dale Chappell
“Psst ... Wanna make some easy money? I got this drug dealer who owes me big time. You help me rob him, and I’ll split it all with you — drugs, money, everything. You in? Good. Meet me at the High School at 10. Oh, and bring ...
by Dale Chappell
The Supreme Court of Nevada held on December 26, 2019, that the defense of duress — as codified in NRS 194.010(8) but is not available in connection with any crime that’s punishable by death — can be asserted as a defense to a crime that is ...
by Dale Chappell
The Supreme Court of Pennsylvania held on January 22, 2020, that the retention of a person’s identification card by law enforcement constituted a “seizure” under the U.S. Constitution, triggering the protections of the Fourth Amendment’s prohibition on unreasonable seizures.
The case came before the Court after Harold ...
by Dale Chappell
In a case that reiterated the limits a federal sentencing judge may consider at sentencing, the U.S. Court of Appeals for the Third Circuit held that when a sentencing judge relies on “bare” arrest records in a defendant’s criminal history to justify imposing a higher sentence, it ...
by Dale Chappell
The U.S. Court of Appeals for the Seventh Circuit held on February 12, 2020, that a brain injury resulting from a stroke may be an “extraordinary circumstance” that could allow “equitable tolling” of the one-year clock for filing a petition for habeas corpus.
DeWayne Perry filed a ...
by Dale Chappell
The U.S. Court of Appeals for the Sixth Circuit adopted a “naked eye test” in holding that a firearm’s serial number is not “altered or obliterated” for a sentencing enhancement if a person must “squint” to view the number, but it’s still readable, overturning a district court’s ...
by Dale Chappell
If Kim Kardashian’s efforts to help people get released from prison were just a stunt, as some said, then she’s become a full-time stuntwoman in her own right. This past October, Kardashian helped yet another prisoner – a man who had been locked up nearly 23 years ...
by Dale Chappell
A recent Penn State University study confirmed that negative perceptions of immigration and immigrants have affected sentencing in geographic areas not traditionally known for being destinations for immigrants.
Prior to the 1990s, Hispanics traditionally immigrated to areas like California, Florida, and Texas. But since then, they have ...
