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What Are the Odds of Complete Reversal After Conviction in the Second Circuit?
by Richard Levitt and Peter Schmidt
A potential client asks an attorney the odds of completely overturning his federal trial conviction on appeal. If the attorney is experienced in the ways of appellate advocacy and his predilection for candor trumps his predilection for solvency, he might tell his potential client, ...
A potential client asks an attorney the odds of completely overturning his federal trial conviction on appeal. If the attorney is experienced in the ways of appellate advocacy and his predilection for candor trumps his predilection for solvency, he might tell his potential client, ...
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More from this issue:
- Violence, Security Lapses and Media Attention Lead to Reforms at Georgia Prison, by David Reutter
- From the Editor, by Paul Wright
- Prison Phone Justice Campaign: Recent Developments
- Bankruptcy Injunction Covers Pre-petition Incarceration Costs, but Not Those that Accrue Afterwards
- What Are the Odds of Complete Reversal After Conviction in the Second Circuit?, by Peter Schmidt
- The Effects of Private Prison Confinement in Minnesota on Offender Recidivism
- Confronting Prison Slave Labor Camps and Other Myths, by James Kilgore
- Ninth Circuit: 9-Year Detention Pending Civil Commitment Proceeding Warrants Habeas Relief
- Possession of Rape Video Warrants Restitution; Victim Awarded Over $1 Million Thus Far; Supreme Court Grants Cert.
- California: Felons with Prior Juvenile Strikes Excluded from County Jail Placement Under Realignment Act
- PA Prison Lieutenant Fired After Assisting in Criminal Investigation
- PLN Settles Censorship Suit Against Texas County Jail for $175,000
- New Trial Granted in Jail Strip Search Case Following Jury Verdict; $385,000 Settlement, by Matthew Clarke
- California: State Prisoner Cannot Serve Concurrent Sentence in County Jail
- Iowa: Bad Faith or Misconduct can Overcome Mental-Process Privilege in Disciplinary Case
- Prisoner Assaulted in Tennessee Jail Settles Suit for $530,000, by Derek Gilna
- Arrested: What to do When Your Loved One’s in Jail, by Wes Denham, by John Dannenberg
- California: Sexually Violent Predator Entitled to Jury Trial on Petition Seeking Conditional Release
- Qualified Immunity Denied to Prison Psychiatrist who Prescribed Lethal Drug Combination; $450,000 Settlement
- Medical Parole for Texas Prisoners on the Decline, by Matthew Clarke
- Court Employee Fired for Helping Wrongfully Convicted Prisoner Prove His Innocence, by Christopher Zoukis
- NY Prisoner’s Youthful Age Considered in Modifying Prison Disciplinary Sanction
- Islamic Organization Petitions to Let Muslim Women Prisoners Wear Hijabs, by Christopher Zoukis
- Eighth Circuit: No Qualified Immunity for Excessive Use of Force, Retaliation
- Ninth Circuit Reverses Dismissal of Wiccan Prisoners’ Establishment Clause Claim
- West Virginia Sex Offender Does Not Have Right to Attend Specified Church
- Rules Governing Lethal Injections Not Required under Georgia Law
- Deliberate Indifference Medical Claim Accrues Upon Discovery of Injury and its Cause
- Private Corrections Institute Issues First Annual Awards for Activism, Advocacy and Reporting on Private Prisons
- Criminal Background Checks Criticized for Incorrect Data, Racial Discrimination, by Derek Gilna
- Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity
- Ninth Circuit Upholds Six-Day Contraband Watch Conditions
- Reflections on the No More Jails Campaign in Champaign County, Illinois, by James Kilgore
- Ninth Circuit Questions Constitutionality of Requiring Jail Prisoners to Wear Pink Underwear, by Matthew Clarke
- Pennsylvania Jail Official Indicted for Groping Co-workers, by Christopher Zoukis
- Solitary Confinement’s Invisible Scars, by Five Oman Mualimm-ak
- Lawsuit, Whistleblower Allege Rape by Guards at New Mexico Prison
- Ninth Circuit: Immigration Detainees Must be Afforded Opportunity to Challenge Continued Detention after Six Months
- Restitution Not Owed for Arrest Costs, West Virginia Court Holds, by Derek Gilna
- Discretionary Immunity Dismissal of Ohio Prisoner’s Negligence Claims Reversed
- Washington: No Public Funds for Deferred Prosecution Treatment Programs
- Short-term Deprivation of Toilet Paper Does Not Violate Detainee’s Rights
- Justice Department Reports: Correctional Populations Declining at Slower Pace, by Derek Gilna
- Jails Market Electronic Cigarettes to Prisoners, by Christopher Zoukis
- Crime Declines while Anti-crime Funding Increases, by Christopher Zoukis
- News in Brief
More from Peter Schmidt:
- What Are the Odds of Complete Reversal After Conviction in the Second Circuit?, Feb. 15, 2014
- A Culture of Prosecutorial Misconduct, April 15, 2004
More from these topics:
- Fourth Circuit Rejects Appeal of $700,000 Award to Maryland Prisoner Assaulted by Guards, May 1, 2023. Guard Brutality/Beatings, Settlements, Appeals.
- Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena, Oct. 4, 2020. Civil Procedure, Subpoenas, Fair Trial.
- U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal, July 15, 2020. Appeals, Ineffective Assistance of Counsel.
- Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review, March 18, 2020. Appeals, Sentencing.
- Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal, Feb. 19, 2020. Appeals, Fourth Amendment, rights.
- New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant, Feb. 18, 2020. Appeals, Trials.
- Third Circuit: Failure to Make PLRA Findings Moots Appeal, Feb. 4, 2020. PLRA, Appeals.
- Georgia Supreme Court Announces Fundamental Overhaul of Jurisprudence Governing Appeals of Guilty Pleas and Out-of-Time Appeals, Dec. 18, 2019. Appeals.
- Illinois Prisoner Wins Partial Victory on Appeal in Hernia Treatment Suit, Dec. 10, 2019. Hernias, Appeals.
- Florida Victims’ Rights Law Creates Confusion, Limits Time for Appeals, Dec. 9, 2019. Appeals.