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Tag Archives: Prior Conviction

Criminal Practice – Habeas Corpus – Sentencing – Prior Conviction – 2010 Ruling – Not Retroactive (access required)

U.S. v. Powell The 4th Circuit denies post-conviction relief for a defendant’s 240-month sentence for conspiracy to distribute cocaine, enhanced due to defendant’s prior North Carolina drug conviction; the rule defendant advances from a 2010 U.S. Supreme Court case is not retroactively applicable to cases on collateral review, and defendant’s § 2255 motion is untimely.

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Criminal Practice – Criminal Sexual Conduct – Evidence – Prior Conviction – Jury & Jurors — Batson — Venue (access required)

State v. Taylor Given the similarities between defendant’s two rapes of the victim, the trial court did not err when it admitted evidence of the 1999 rape at defendant’s trial for the 1998 rape. We affirm defendant’s convictions and sentence of life without parole for criminal sexual conduct with a minor in the second degree and kidnapping.

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Criminal Practice – Sentencing – Enhancement – Prior Conviction – Sexual Abuse (access required)

U.S. v. Spence The 4th Circuit upholds an enhanced sentence for a defendant convicted of possession of child pornography, based on his prior conviction under S.C. common law for “assault and battery of a high aggravated nature”; the district court did not err in holding that the prior conviction qualified as a predicate offense under the sexual abuse enhancement under 18 U.S.C. § 2252A(b)(2).

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Criminal Practice – Sexually Violent Predator – Long-Term Commitment – Prior Conviction – Contributing to Delinquency – Expert Witness’ Absence – Inference (access required)

In re Way Even though DNA evidence showed that appellant did not commit a sexual crime in 1995, the state never mentioned in the jury's presence that appellant was indicted for criminal sexual conduct (CSC) in 1995. The state only questioned the witness regarding appellant's "contributing to the delinquency" plea, and the only mention of anything sexual in nature regarding the CSC charge was during cross-examination by appellant's own trial counsel. Appellant cannot complain on appeal regarding the introduction of testimony that he elicited.

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