Six people who had been deported are prosecuted for illegally reentering. Defendants: When Congress passed this law in 1929 it was for super racist reasons which carry forward to the current version of the law and makes it unconstitutional. Training Division: Yup (view full article). Fourth Circuit: Nope.
The original law criminalizing illegal reentry under 8 U.S.C. 1326 grew out of a disturbing time in history marked by the rise of eugenics, the Ku Klux Klan, and deeply nativist sentiments. See, e.g., Webinar: The Racist Origins of Illegal Reentry (and how to Challenge Them in Your Practice) (Oct. 15, 2020), by AFDs Kara Hartzler and Nora Hirozawa,.
In a shocking twist, biotech CEO who compares himself to both Steve Jobs and Jesus Christ and claims his company's products cure paralysis and opioid addiction is convicted of fraud. In an even more shocking twist, he dies while his case is on appeal. So what happens to his conviction—and, more importantly, the more than $7.5 mil order of restitution? First Circuit: Vacated!
A jury has awarded $16 million to a Philadelphia man whose murder conviction was overturned after he spent 25 years on death row — the largest wrongful conviction payout in city history. (view full article).
James Dennis, 53, always insisted he was innocent and had been sentenced to death for a 1991 murder he did not commit.
Attorney Generals from across the country are urging the Supreme Court to give the “utmost” deference to Oklahoma’s admission and confession of prosecutorial misconduct in the case of Glossip v. Oklahoma, Case No. 22-7477, which resulted in Richard Eugene Glossip’s death sentence. In their amicus brief, the attorney generals are asking the Court to overturn Mr. Glossip’s conviction and death sentence noting “‘confessing error is a momentous step, one that attorneys general never take lightly. . .
Avery County, N.C. man registers as a sex offender and communicates regularly with the sheriff to make sure he's complying with registration requirements. Yet, a deputy swears out a warrant and has him arrested—including for the totally made-up crime of leaving the state for 30 days—even though he was following the sheriff's instructions. Yikes! Charges are dropped, and man sues for Fourth Amendment violations. Officers: We got a warrant though. Fourth Circuit: Whatever.
If you lend your car to a family member or friend who is stopped and arrested for drug charges while driving your car in Alabama, state law permits seizure of a car “incident to an arrest” so long as the state then “promptly” initiates a forfeiture case.
Yesterday, in United States v. Duarte, No. 22-50048 (9th Cir. May 9, 2024), a split panel of the United States Court of Appeals for the Ninth Circuit held that under New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), § 922(g)(1) violates the Second Amendment as applied to Duarte, a non-violent offender who has served his time in prison and reentered society. The opinion, written by Judge Bea and joined by Judge VanDyke, begins:
The bipartisan United States Sentencing Commission voted unanimously today to prohibit conduct for which a person was acquitted in federal court from being used in calculating a sentence range under the federal guidelines (USSC press release available here).
“Not guilty means not guilty,” said Commission Chair Judge Carlton W. Reeves.
In the consolidated cases Brown v. United States, No. 22-6389 (May 23, 2024), and Jackson v. United States, No. 22-6640 (May 23, 2024), opinion here, the Supreme Court held that a state drug conviction counts as an ACCA predicate if it involved a drug on the federal schedules at the time of the state conviction. The 6 to 3 opinion, written by Justice Alito, joined by the Chief Justice Roberts and Justices Thomas, Sotomayor, Kavanaugh, and Barrett, begins like this: