11-3802 U.S. v. Dixon

Tagged with: 7th Circuit Digest Crack cocaine Criminal Digest Retroactivity Sentencing Digest

2011AP1556-CR State v. Meinhardt

Tagged with: Criminal Digest Criminal Procedure Digest Expungement Retroactivity WI Court of Appeals Digest

11-1313, 11-1323, 11-2057, 11-2061, 11-2062 & 11-2071 U.S. v. Davis

Tagged with: 7th Circuit Digest Crack cocaine Criminal Digest Davis Retroactivity Sentencing Digest

09-2919 Narvaez v. U.S.

Tagged with: 7th Circuit Digest Criminal Digest Retroactivity Sentencing Digest

When the U.S. Supreme Court accepted review in Freeman v. U.S., it seemed that the Court would answer a straightforward question with a straightforward answer.

Tagged with: Crack cocaine Retroactivity Sentencing

Criminal Procedure Plea agreements; retroactivity

Tagged with: Criminal Digest Criminal Procedure Criminal Procedure Digest Plea agreements Retroactivity SCOTUS Digest

The exclusionary rule does not apply if an unlawful search was permitted by binding precedent at the time it occurred. U.S. Supreme Court Justice Samuel Alito wrote for the Court on June 16, “It is one thing for the criminal ...

Tagged with: exclusionary rule Good faith Retroactivity

Sentencing Career offender enhancement; retroactivity A defendant unlawfully sentenced as a career offender can collaterally attack the sentence. “The fact that Mr. Narvaez’s sentence falls below the applicable statutory-maximum sentence is not alone determinative of whether a miscarriage of justice ...

Tagged with: 7th Circuit Digest Criminal Digest Retroactivity Sentencing Sentencing Digest

United States Court of Appeals CIVIL OPINIONS Employment Fair pay; retroactivity The Lilly Ledbetter Fair Pay Act of 2009 is retroactive to claims after November 10, 2003. “The City has not offered any persuasive basis for avoiding application of the ...

Tagged with: Retroactivity

Bankruptcy Retroactivity The Supreme Court’s recent decision in Ransom v. FIA Card Services, 2011 U.S. LEXIS 608 (Jan. 11, 2011), applies retroactively to unconfirmed Chapter 13 plans filed prior to the decision.  “Ransom announces the Supreme Court’s construction of the ...

Tagged with: Bankruptcy Digest Retroactivity