Conviction Tossed by Federal Court : Counsel Ineffective for Failing to Call Witness About Illegal Search by Cops
It’s not too often that the government files a motion to dismiss an indictment in a serious case. So, when I see that happen, I start digging into the case to find out why. It’s not like the government says in its motion why it wants to dismiss an indictment, and it’s usually some vague language that the “interest of justice” requires dismissal. Here’s a … Continue reading Conviction Tossed by Federal Court : Counsel Ineffective for Failing to Call Witness About Illegal Search by Cops
Court Can Also Use Compassionate Release to Avoid Limits on Reduced Sentences Under Retroactive Guideline Amendment
Thanks to the First Step Act, which expanded the compassionate release remedy in federal court, the U.S. Court of Appeals for the Ninth Circuit said that a court is not limited by the rules about how to apply a retroactive guideline amendment and can also give a further reduction under compassionate release if the judge sees fit. Under the federal sentencing guidelines, in granting a … Continue reading Court Can Also Use Compassionate Release to Avoid Limits on Reduced Sentences Under Retroactive Guideline Amendment
Habeas Claim Not Contradicted by Record Requires Hearing
It used to be that evidentiary hearings in habeas corpus cases were the norm since habeas claims are usually based on facts that occurred off the record, and a hearing is a good way to develop the record with those facts. But courts routinely deny hearings now. This case provides insight into why evidentiary hearings in habeas cases are still the preferred method for developing … Continue reading Habeas Claim Not Contradicted by Record Requires Hearing
Suspect’s Request to Call Sister Who Was an Attorney Should Have Ended Interrogation, Sex Offense Conviction Overturned
A jury in federal court found Joseph Mr. Zakhari guilty of trying to coerce a minor into engaging in illegal sexual activity in violation of 18 U.S.C. 2422(b) (Count 1); trying to send an offensive image to a minor in violation of 18 U.S.C. 1470 (Count 2); and trying to create child pornography in violation of 18 U.S.C. 2251 (Count 3). The district court sentenced … Continue reading Suspect’s Request to Call Sister Who Was an Attorney Should Have Ended Interrogation, Sex Offense Conviction Overturned
Federal Court Shoots Down Missouri Law Requiring Signs in Yards of Sex Offenders on Halloween
In a case that is sure to stir up some emotions on both sides of the fence, a federal court held today that Missouri’s law requiring the sheriff to put a sign in all sex offenders’ yards on Halloween warning that they are not allowed to hand out candy is “likely” unconstitutional and granted a temporary restraining order forbidding placement of the signs. While the … Continue reading Federal Court Shoots Down Missouri Law Requiring Signs in Yards of Sex Offenders on Halloween
Taking a Closer Look at Plea Waivers and Subsequent Challenges to Convictions and Sentences
Let’s talk about waivers for a moment. A recent case from the Second Circuit found that after the Supreme Court ruled certain provisions of some federal gun laws were unconstitutional, any relief could not be given because the defendant had agreed in a plea deal not to file an appeal or § 2255 motion. Like thousands of prisoners when Johnson and Davis were decided, the … Continue reading Taking a Closer Look at Plea Waivers and Subsequent Challenges to Convictions and Sentences
Federal Court Says ‘Unusual Stress’ of Court Proceedings Can Render Advice by Court Insufficient to Cure Attorney’s Bad Advice
In a rare move, a federal court of appeals acknowledged that a defendant under “unusual stress” during a sentencing hearing can render the court’s advice insufficient to cure his defense attorney’s bad advice about filing an appeal. Edward Abreu pled guilty pursuant to a plea agreement to conspiracy to distribute at least 500 grams but less than 5 kilograms of cocaine. Under the terms of … Continue reading Federal Court Says ‘Unusual Stress’ of Court Proceedings Can Render Advice by Court Insufficient to Cure Attorney’s Bad Advice
Federal Appeals Court Says Maintaining Innocence Doesn’t Kill a Claim that Person Would Have Taken a Plea Deal
When Marvin Johnson maintained his innocence and refused to plead guilty to a drug-related murder in a racketeering case, this did not undercut his claim in a postconviction motion that he would have taken a favorable plea offer. That’s what the U.S. Court of Appeals for the Second Circuit said when he appealed the denial of his motion to vacate his conviction under 28 U.S.C. … Continue reading Federal Appeals Court Says Maintaining Innocence Doesn’t Kill a Claim that Person Would Have Taken a Plea Deal
What is the Time Limit for the Federal Government to File for Criminal Forfeiture? The Supreme Court has Agreed to Settle this Big Question
What is the deadline for the government to file a motion for forfeiture in a criminal case? In a case where the government filed a motion for criminal forfeiture two-and-a-half years after sentencing, the U.S. Court of Appeals for the Second Circuit concluded this was perfectly fine and upheld the forfeiture. But not every federal court is on the same page. In fact, the courts … Continue reading What is the Time Limit for the Federal Government to File for Criminal Forfeiture? The Supreme Court has Agreed to Settle this Big Question
Here’s How to Use A Loss On Direct Appeal To Support A Postconviction Challenge
Most of the time, a direct appeal will expose a defense lawyer’s errors. But it’s hard to see them because too often they are disguised as errors made by the court. If you want to find good ineffective assistance of counsel (IAC) claims, slow down and look at the direct appeal. It will tell you a lot about the defense lawyer. In this case, Mr. … Continue reading Here’s How to Use A Loss On Direct Appeal To Support A Postconviction Challenge