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U.S. Supreme Court Holds Prior ACCA Ruling Retroactive
Loaded on June 3, 2016
by Derek Gilna
published in Prison Legal News
June, 2016, page 28
Filed under:
Sentencing.
In a term with relatively few major criminal cases on its docket, the U.S. Supreme Court held that its previous decision in Johnson v. United States will have retroactive application on petitions for collateral review. In Johnson, the Court found the “residual clause” portion of the Armed Career Criminal Act ...
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More from this issue:
- Incarceration, Justice and the Planet: How the Fight Against Toxic Prisons May Shape the Future of Environmentalism, by Panagioti Tsolkas
- U.S. Prisons Filled with America’s Mentally Ill, by Derek Gilna
- $8,000 Settlement for Medical Maltreatment by BOP; Court Finds Experts Not Required, by Derek Gilna
- Three California Jail Guards Charged in “Fight Club” Case
- No Place for Old Men
- California: City Council Hears Proposal to Repurpose Empty Prison as Pot Farm
- San Bernardino County Jail Named in Federal Lawsuit, by Christopher Zoukis
- Illinois Prisoner Wins $125,000 Civil Rights Jury Verdict, by Derek Gilna
- Seventh Circuit Reverses Denial of Former Prison Guard’s Marriage to Prisoner, by Derek Gilna
- Bail Bond Payment Plans Face Scrutiny, Criticism in New Jersey, by Joe Watson
- Private Prison Firms Reap Large Profits from Immigration Detention, by Gary Hunter
- Seventh Circuit Reverses Dismissal of Illinois Prisoner’s § 1983 Action, by Derek Gilna
- Crime, Incarceration Rates Decline in New York City, by Mark Wilson
- Tenth Circuit Affirms Murder Conviction Called into Question by New DNA Evidence, by Derek Gilna
- Fifth Circuit Holds Texas Prisoner Has Right to Grow “Fist-Length” Beard
- UK Prisoner Pen Pal Program Relieves Feelings of Isolation, by Derek Gilna
- Another WA DOC Asbestos Abatement Program Shut Down; Prison Officials Fined, by Mark Wilson
- Prisoners Protest Solitary Confinement at Illinois Facility, by Joe Watson
- Former Pennsylvania Prison Guard and Prisoner Charged with Child Sex Trafficking, by David Reutter
- Exonerees Fulfill Dreams, Help Other Prisoners Overcome Wrongful Convictions, by David Reutter
- Florida: Drug Arrest Costs Former Prison Official Retirement Benefits
- New York Court of Claims Awards $1.75 Million to Prisoner’s Estate, by Derek Gilna
- Female Prisoners in United Kingdom Make Designer Bags, by Derek Gilna
- Washington DOC Ends Marijuana Testing for Parolees, by Christopher Zoukis
- Sixth Circuit Rejects Qualified Immunity Defense by Guards in Wrongful Death Suit, by Derek Gilna
- Massachusetts Supreme Judicial Court Finds DOC Violated RLUIPA, Prior Settlement Agreement, by Derek Gilna
- Former Wisconsin Corrections Secretary Fired
- Study of Incarceration from 1999 to 2014 Shows Modest Decline in Prison Populations, by Derek Gilna
- California Federal Court Rules Early Release Program Cannot be Restricted to Women, by Derek Gilna
- Former Georgia Judge Faces Criminal Charges
- Troubled North Dakota Jail to be Reviewed by Feds
- Increasing Number of Jails, Prisons Using Full-body Digital Scanners, by Matthew Clarke
- Mississippi Town Ordered to Abandon “Secured Bail” Arrest Bond System
- Problems with California’s New Medical Prison, by Matthew Clarke
- Newspaper Ban at Cook County Jail Violates First Amendment, by Derek Gilna
- California’s Broken Death Penalty System, by Christopher Zoukis
- Prisoner’s Deliberate Indifference Suit Over Tooth Abscess Reinstated by Seventh Circuit, by Derek Gilna
- Benefits of Allowing Prisoners to Raise Babies Born in Prison, by Matthew Clarke
- Wrongful Death Suit Against Illinois Jail Survives Summary Judgment , by Derek Gilna
- Special Supervised Release Conditions Require Sufficient Findings
- “Scared Straight” Programs are Counterproductive, by Derek Gilna
- Custodial Interrogation of Parolee Requires Miranda Warnings
- A Prison Telecom in Sheep’s Clothing, by Carrie Wilkinson
- Wrongfully Convicted Former Prisoner Commits Suicide
- Lifesaving Overdose Treatment Slowly Becoming Available to Released Prisoners, by Christopher Zoukis
- California State Prisoner’s Habeas Case Gets to Supreme Court but Falls Short, by Derek Gilna
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- Advocates Leery of Cell Phones Given to Undocumented Immigrants, by Derek Gilna
- U.S. Department of Education Offers Second Chance Pell Pilot Program, by Christopher Zoukis
- U.S. Supreme Court Holds Prior ACCA Ruling Retroactive, by Derek Gilna
- UK Supreme Court Rules Against Unlawful Use of Solitary Confinement, by Christopher Zoukis
- Penal Servitude: A Reminder about the U.S. Constitution’s 13th Amendment Exclusion Clause
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- Louisiana Parish Saddled With Large Jail, Large Costs , by Matthew Clarke
- Disputed PLRA Administrative Exhaustion Issues Properly Resolved in Bench Trial
- Music Publishers Sue Companies Providing Mixtapes for Prisoners, by Matthew Clarke
- From the Editor, by Paul Wright
- News in Brief
More from Derek Gilna:
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- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
- Wisconsin Supreme Court: Jail Time Must Be Credited When Charge Causing Jailing Read in At Sentencing, Jan. 1, 2024. Sentencing, Good Time, Sentences - Corrections or Modifications of, Credits.
- Changing Perception, Changing The Law, April 15, 2020. Sentencing, U.S. Sentencing Guidelines.
- Seventh Circuit: Trial Judge Violated 5th Amendment by Modifying Instructions to Allow Jury to Convict on Offenses Not Charged in Indictment, April 15, 2020. Sentencing.
- SCOTUS: ‘Serious Drug Offense’ Under ACCA Is Self-Defining, Match with Equivalent Federal Offense Not Required, April 15, 2020. Sentencing.
- Illinois Prisoner Locked Up Decades Without a Conviction or Sentence, April 1, 2020. Criminal Prosecution, Sentencing.
- Racial Disparity at Sentencing on the Rise, March 18, 2020. Racial Discrimination, Sentencing.
- Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review, March 18, 2020. Appeals, Sentencing.
- Utah District Court Finds First Step Act Gives Court Authority to Reduce Stacked 55-Year § 924(c) Sentence, March 18, 2020. Sentencing.
- Unsurprisingly Lenient Sentence for Rapist Cop, Feb. 19, 2020. Police Misconduct, Sentencing, Police.
- Study Confirms Immigrants Sentenced More Harshly in Non-Immigrant Areas, Feb. 19, 2020. Racial Discrimination, Sentencing, Immigration.