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Retroactivity

Jul 18, 2012

Sentencing — crack cocaine — retroactivity

11-3802 U.S. v. Dixon

Jun 20, 2012

Criminal Procedure – expungement — retroactivity

2011AP1556-CR State v. Meinhardt

May 31, 2012

Sentencing — crack cocaine — retroactivity

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

Dec 7, 2011

Sentencing — career offenders — retroactivity

09-2919 Narvaez v. U.S.

Jun 28, 2011

Sentence reduction not barred by agreement

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.

Jun 23, 2011

09-10245 Freeman v. U.S.

Criminal Procedure Plea agreements; retroactivity

Jun 22, 2011

Another exception adopted for exclusionary rule

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 ‘to go free because the constable has blundered.’ It is quite another to set the […]

Jun 3, 2011

09-2919 Narvaez v. U.S.

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 has occurred. The sentencing court’s misapplication of the then-mandatory § 4B1.1 enhancemen[...]

Mar 28, 2011

07-2932 Groesch v. city of Springfield, Illinois

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 Lilly Ledbetter Fair Pay Act. First, the City argues that each paycheck the officers receive […]

Feb 3, 2011

10-38561 In re Willems

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 ownership expense deduction under the Bankruptcy Code. 2011 U.S. LEXIS 608. This Court, therefore, is […]

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