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Eighth Circuit Announces Presidential Commutation Does Not Moot Challenge to Underlying Sentence

Article • January 1, 2026 • from CLN February, 2026

Filed under: Pardons/Clemency, First Step Act, Qualifying Offenses, Sentence Enhancements/Departures, Authority and Jurisdiction

Eighth Circuit Announces Presidential Commutation Does Not Moot Challenge to Underlying Sentence by Richard Resch by Richard Resch In a case presenting an issue of first impression in the Circuit, the United States Court of Appeals for the Eighth Circuit held that a presidential commutation of a defendant’s sentence does …

Seventh Circuit Announces One-Year Time Limit in Rule 35(b) Is Nonjurisdictional Claim-Processing Rule, Overruling Prior Precedent in Light of Supreme Court’s Hamer Decision

Article • December 15, 2025 • from CLN January, 2026

Filed under: Substantial Assistance to Authorities, Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Authority and Jurisdiction, Acceptance of Responsibility

Seventh Circuit Announces One-Year Time Limit in Rule 35(b) Is Nonjurisdictional Claim-Processing Rule, Overruling Prior Precedent in Light of Supreme Court’s Hamer Decision by David Kim by David Kim The United States Court of Appeals for the Seventh Circuit held that the one-year time limit for filing a sentence-reduction motion …

Texas Court of Criminal Appeals Announces Defendants on Appeal Bonds for Fine-Only Class C Misdemeanors Are “Restrained” for Purposes of Seeking Habeas Relief

Article • November 15, 2025 • from CLN December, 2025

Filed under: Habeas Corpus, Collateral Consequences, Pending Appeal/Sentencing, Statutory Construction/Interpretation, Authority and Jurisdiction

Texas Court of Criminal Appeals Announces Defendants on Appeal Bonds for Fine-Only Class C Misdemeanors Are “Restrained” for Purposes of Seeking Habeas Relief by Matthew Clarke by Matthew Clarke The Court of Criminal Appeals of Texas held that defendants charged with fine-only Class C misdemeanors who have posted appeal bonds …

California Supreme Court Announces Judgment Not Considered Final Under Estrada for Retroactive Application of Amended Gang Enhancement Statute When Conviction Affirmed on Appeal but Sentencing Issues ...

Article • October 15, 2025 • from CLN November, 2025

Filed under: Retroactivity, Essential Elements of Crime, Sentence Enhancements/Departures, Authority and Jurisdiction, Remands/Rehearings/Resentencings

California Supreme Court Announces Judgment Not Considered Final Under Estrada for Retroactive Application of Amended Gang Enhancement Statute When Conviction Affirmed on Appeal but Sentencing Issues Remain Pending Following Remand by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of California held that a defendant was entitled to retroactive application …

Ninth Circuit Holds Untruthful Responses to Questions Government Is Not Permitted to Ask on Visa Application Is Still Fraud if Responses Could Have Influenced Decision to Grant Request for Visa

Article • October 15, 2025 • from CLN November, 2025

Filed under: False Statements/Perjury, Essential Elements of Crime, Fraud and Deceit, Immigration Law/Offenses, Authority and Jurisdiction

Ninth Circuit Holds Untruthful Responses to Questions Government Is Not Permitted to Ask on Visa Application Is Still Fraud if Responses Could Have Influenced Decision to Grant Request for Visa by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the Ninth Circuit held that the untruthful …

Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits

Article • December 15, 2024 • from CLN January, 2025

Filed under: Habeas Corpus, Dismissal, Authority and Jurisdiction

Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit delineated the scope of U.S. District Courts’ authority to summarily dismiss …

Illinois Supreme Court Announces § 9-1.2(d) Sets Range of Sentences for Intentional Homicide of Unborn Child but Does Not Convert Offense Into Murder for Life-Sentence Enhancement

Article • March 15, 2024 • from CLN March, 2024

Filed under: Sentences - Length/Severity of

Illinois Supreme Court Announces § 9-1.2(d) Sets Range of Sentences for Intentional Homicide of Unborn Child but Does Not Convert Offense Into Murder for Life-Sentence Enhancement by Douglas Ankney by Douglas Ankney The Supreme Court of Illinois held that 720 ILCS 5/9-1.2(d) (West 2006) (“section 9-1.2(d)”) sets the range of …

Arizona Supreme Court Announces ‘Person’ in Self-Defense Statute Applies Only to Defendant, Not Victim as Well

Article • August 1, 2023 • from CLN August, 2023

Filed under: Victims - Generally

Arizona Supreme Court Announces ‘Person’ in Self-Defense Statute Applies Only to Defendant, Not Victim as Well by Douglas Ankney by Douglas Ankney The Supreme Court of Arizona held that the word “person” in the state’s self-defense justification statute, A.R.S. § 13-404(A), applies only to a defendant’s conduct, not the victim’s …

The Right to be Forgotten

Article • June 15, 2022 • from CLN July, 2022

Filed under: Media, Prior Convictions - Expungement or Reversal of, Authority and Jurisdiction

The Right to be Forgotten by David Reutter by David M. Reutter Success in having a court record expunged may shroud it from public records disclosure, but where one lives determines if there is a right to be forgotten. Some states have automatic expungement laws, but the right to be …

SCOTUS Announces Large Portion of Oklahoma Remains Tribal Land in Which State Lacks Jurisdiction to Try Native Americans

Article • August 15, 2020 • from CLN September, 2020

Filed under: Native American, Authority and Jurisdiction, Lack of Authority to Change

SCOTUS Announces Large Portion of Oklahoma Remains Tribal Land in Which State Lacks Jurisdiction to Try Native Americans by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”), in a 5-4 decision, ruled in favor of a defendant who argued that the State of Oklahoma (“Oklahoma”) …