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Tag Archives: Criminal

Crim Pro help needed (access required)

  The South Carolina Supreme Court highlighted the need to revamp the state’s outdated rules of criminal procedure in an opinion that has affirmed a defendant’s murder conviction for the second time. In revisiting State v. Michael Beaty Jr., the ...

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Criminal – Post-conviction relief – Probation revocation (access required)

Arrow Bonding v. Warren Holding: The post-conviction relief judge erred in finding petitioner was required to show there were appealable issues in order to support his allegation that he was denied his right to an appeal from the probation revocation. However, the error was harmless. There were no objections made at the probation revocation hearing. Accordingly, no issues are preserved for appellate review. Affirmed.

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Criminal – Sentencing – ACCA – B&Es – Violent Felonies (access required)

U.S. v. Foster The 4th Circuit denies rehearing en banc in this case in which the panel majority held that a defendant’s prior convictions for breaking and entering “Corner Market” and the “Sunrise-Sunset Restaurant” under Virginia’s non-generic burglary statute qualify as violent felonies under the Armed Career Criminal Act, and remanded for resentencing.

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Criminal – Supervised Release Hearing — Evidence – Hearsay – Crime Lab Report – Chemist’s Failure to Appear (access required)

U.S. v. Doswell A district court that admitted and relied on hearsay evidence of defendant’s state-court heroin charge, nolle prossed after the chemist who authored the crime lab report failed to appear in state court, violated Rule 32.1, and the 4th Circuit vacates the district court order revoking defendant’s supervised release for an earlier robbery conviction.

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Criminal – Sentencing – Appeals – Guilty Plea – ‘Any Sentence’ – Waiver (access required)

U.S. v. Thornsbury A convicted felon pleading guilty to possession of ammunition, who waived his right to appeal “any sentence,” cannot seek to have his sentence on the firearm charge reduced in light of his assistance to the government in prosecuting an unrelated case, and the 4th Circuit dismisses this appeal of the district court’s denial of the government’s motion for a sentence reduction pursuant to Fed. Rule Crim. P. 35(b).

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