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First Circuit Announces Modification of Juvenile’s Life-­Without-­Parole Sentence to Parole-­Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-­in-­Time Habeas Petition From Gatekeeping Requirements by Richard Resch by Richard Resch In a case of first impression, the United States Court of Appeals for the First Circuit held that when a …
California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition by David Kim by David Kim The California Court of Appeal, Second Appellate District, ruled that trial courts possess inherent authority to correct unauthorized sentences whenever the issue is presented, regardless …
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 …
Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of Maryland held that when a defendant’s …
First Circuit Clarifies Mitigating Role Analysis – Sentencing Courts Must Consider All Identifiable Participants in Drug Shipment, Not Just Crew Members, and Use § 3B1.2 Factors to Assess Relative Culpability, Not Guilt by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the First Circuit vacated Dionel …
Article • November 15, 2025 • from CLN December, 2025
First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the First Circuit affirmed …
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 …
Article • November 15, 2025 • from CLN December, 2025
Eighth Circuit Announces § 2255 One-­Year Limitations Period Begins to Run in Deferred-­Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount by Sagi Schwartzberg by Sagi Schwartzberg The United States Court of Appeals for the Eighth Circuit held that a 28 U.S.C. § 2255 motion was timely, concluding that the one-­year …
Third Circuit Announces “Commencement of the Instant Offense” in Guidelines § 4A1.2(e) Unambiguously Refers Only to Specific Offense of Conviction, Not Relevant Conduct by David Kim by David Kim The United States Court of Appeals for the Third Circuit held that the phrase “commencement of the instant offense” for calculating …
Ninth Circuit Reaffirms Longstanding Precedent That District Court Cannot Sua Sponte Dismiss Untimely Habeas Corpus Petition Without Giving Petitioner Prior Notice and Opportunity to Respond by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the Ninth Circuit reaffirmed its longstanding precedent that a District Court cannot …
U.S. Sentencing Commission Adopts 2025 Amendments to Resolve Circuit Conflicts by David Kim On April 30, 2025, the United States Sentencing Commission submitted amendments to the federal sentencing guidelines to Congress, set to take effect on November 1, 2025, absent congressional action. These amendments address two significant circuit court conflicts …
Article • August 1, 2025 • from CLN August, 2025
Summary of the 2025 Drug Offenses Amendment by the U.S. Sentencing Commission by David Kim On April 30, 2025, the United States Sentencing Commission (“USSC”), an independent agency within the judicial branch established under the Sentencing Reform Act of 1984, promulgated a multi-part amendment to the federal sentencing guidelines addressing …
Article • August 1, 2025 • from CLN August, 2025
Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences by Matthew Clarke In a case of first impression, the Supreme Court of Nebraska clarified the procedure to be used when crediting time spent in pretrial incarceration against multiple contemporaneously-imposed sentences pursuant to Neb. Rev. Stat. § 83-1.106, …
SCOTUS Announces Sentence ‘Has Not Been Imposed’ for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment but Sentence Subsequently Vacated by Richard Resch The Supreme Court of the United States held that when an offender convicted under § 924(c) had been sentenced …
Article • August 1, 2025 • from CLN August, 2025
Filed under: Habeas Corpus, AEDPA
Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA by Douglas Ankney In a case of first impression, the United States Court of Appeals for …
Article • July 1, 2025 • from CLN July, 2025
Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion by Douglas Ankney The United States Court of Appeals for the Fourth Circuit granted Scott Lewis Rendelman’s motion for authorization to …
Article • July 1, 2025 • from CLN July, 2025
Fourth Circuit: A Finding of Offering Money to Minor for Videos Depicting Specific Conduct Without Establishing Order of Events Insufficient to Establish Offer ‘Caused’ Minor to Produce Explicit Material Within Meaning of Guidelines § 2G2.2(c)(1) Cros by Sagi Schwartzberg The United States Court of Appeals for the Fourth Circuit vacated …
Article • June 1, 2025 • from CLN June, 2025
Arguing Successful Federal Habeas Corpus Claims by Dale Chappell This column is a follow-up to my original column published in the March 2021 issue of Criminal Legal News titled “Raising Successful Federal Habeas Corpus Claims.” In that first piece, I explained how to identify valid claims for federal habeas relief, …
Article • May 15, 2025 • from CLN June, 2025
First Circuit Announces What Constitutes ‘Otherwise Using’ a Dangerous Weapon for Purposes of the Four-Level Enhancement Under Guidelines § 2B3.1(a) by Sagi Schwartzberg The United States Court of Appeals for the First Circuit held that the U.S. District Court for the District of Puerto Rico improperly applied the four-level sentencing …
Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon by Anthony Accurso The United States Court of Appeals for the Fourth Circuit held that the U.S. District Court for the …
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