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Supreme Court Voids ACCA’s Residual Clause in Landmark Decision
Supreme Court Voids ACCA’s Residual Clause in Landmark Decision
by Derek Gilna
In a landmark decision authored by Justice Antonin Scalia, on June 26, 2015 the U.S. Supreme Court struck down the residual clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1), while leaving the rest of ...
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More from this issue:
- Greenwashing Washington State’s Prison System in a River of Sewage, by Rick Anderson
- Inside the Shadowy Business of Prison Phone Calls, by Eric Markowitz
- Tennessee Prisoners Suing Private Prisons Not Required to File in Local Venue, by David Reutter
- News in Brief
- CA: Persons on Community Supervision Eligible to Seek Transfer to Another State, by Lonnie Burton
- Final Class-Action Settlement Pending in “Kids for Cash” Scandal
- Prisoners Released When Jails Can’t Feed Them, by Mark Wilson
- Investigation Forces Arizona Clemency Board Chairman to Resign, by Joe Watson
- Kentucky Jail Prisoners Make Mattresses, by David Reutter
- Notorious Psych Ward at Miami-Dade Jail Finally Shuttered, by David Reutter
- Ninth Circuit Finds Graham v. Florida Retroactive; 254-Year Sentence Unconstitutional, by Mark Wilson
- Does Political Spending by Private Prison Firms in Oklahoma Influence Prison Reform?, by Joe Watson
- Nebraska Law Unconstitutionally Forfeits Good Time for Refusal to Submit DNA Sample, by David Reutter
- Three Strikes Litigant Required to Show Ongoing “Imminent Danger” to Proceed on Appeal, by Lonnie Burton
- Failure to State Rationale in Denying Appointment of Counsel was Abuse of Discretion
- Vermont: Retaliatory Furlough Denial Reviewable on Rule 75 Motion, by Mark Wilson
- Ninth Circuit Finds that ICE Detention After Indictment Counts Against Sentence, by Derek Gilna
- Supreme Court Strikes Down Ban on Short Beard for Muslim Prisoner, by Derek Gilna
- Alaska High Court Reaffirms Negligence Standard to Protect Prisoners from Harm, by David Reutter
- Controversy Surrounds Shackling of Dying and Comatose Prisoners in UK, by Matthew Clarke
- Who Owns Private Prison Stock?, by Alex Friedmann
- Tenth Circuit: Ignoring Prisoner’s Severe Pain Precludes Qualified Immunity, by Mark Wilson
- Supreme Court Rules Qualified Immunity Shields Prison Officials from Suicide Claim, by Derek Gilna
- Report Finds Two-Thirds of Private Prison Contracts Include “Lockup Quotas”, by Joe Watson
- $1.15 Million for Florida Pretrial Detainee’s Death, by David Reutter
- Virginia Must Improve Prison Medical Care Under Proposed Class-action Settlement, by David Reutter
- Jury Awards $12,000 to Connecticut Prisoner for Unsanitary Mattress, by David Reutter
- UN Commission Approves Mandela Rules on Treatment of Prisoners, by David Fathi
- North Carolina Prisoner, Victim of Sexual Assault, Awarded One Dollar in Damages
- Two Names Added to Monument Memorializing Slain Prosecutors, by Matthew Clarke
- Pell Grants for Prisoners: New Bill Restores Hope of Reinstating College Programs, by Christopher Zoukis
- Peer-Review Reports Must be Disclosed in Philadelphia Jail Conditions Suit, by David Reutter
- Supreme Court Voids ACCA’s Residual Clause in Landmark Decision, by Derek Gilna
- San Diego Deputies Faulted for Jail Death, by Christopher Zoukis
- Nebraska Returns Ex-Offenders to Prison after Sentence Miscalculation Scandal, by Matthew Clarke
- $3,000 Jury Award to Arizona Prisoner Denied Prostate Care, by David Reutter
- Second Circuit Unseals Jail Conditions Settlement Compliance Reports; Public Has First Amendment Right of Access, by Mark Wilson
- Alabama Courts Must Review Substance of Claim Despite Pleading’s Title, by David Reutter
- $750,000 Settlement in New Mexico “Controlled Seating” Lawsuit, by Matthew Clarke
- West Virginia City Settles Suit over Jail Prisoner’s Death for $460,000, by Matthew Clarke
- Minnesota DOC Sued Over Failure to Provide New Hepatitis C Treatment Protocol, by Greg Dober
- UK Prison Cook Awarded $160,000 for Back Injury, by Derek Gilna
- Michigan: $8 Million Settlement after Prisoner’s Baby Born with Brain Damage, by Shepherd Litsey
- From the Editor, by Paul Wright
- Persistent, Ongoing Environmental Violations at Washington’s Walla Walla Prison, by Panagioti Tsolkas
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- 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:
- Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
- The Murky Waters of Parole, Feb. 1, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release.
- Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires, Jan. 15, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Resentencing, Revocation Proceedings, Overreaching.
- After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, Jan. 15, 2025. U.S. Sentencing Guidelines, Conspiracies, Attempts, Solicitations, Attempts/Incomplete Acts, Credits, Sentences - Adjustments and Departures.
- Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation, Dec. 15, 2024. U.S. Sentencing Guidelines, Revocation Proceedings.
- California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment, Dec. 15, 2024. Retroactivity, U.S. Sentencing Guidelines.
- First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo, Dec. 15, 2024. U.S. Sentencing Guidelines, Grounds for Variance, 18 U.S.C. § 3582(c)(2), Plea Agreements/Guilty Pleas, Grounds.
- Fifth Circuit Judges Battle in Louisiana Over-Detention Cases, Dec. 15, 2024. U.S. Sentencing Guidelines, Overdetention, Credits.
- California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing, Dec. 1, 2024. U.S. Sentencing Guidelines, Resentencing, Sentence Enhancements/Departures.
- Third Circuit: Despite ‘Expressly and Repeatedly’ Requesting Low-End Sentence, Government Breached Plea Agreement by Emphasizing ‘Heinous’ Nature of Offense and Presenting Victim-Impact Evidence at Sentencing Thereby Undermining Recommendation, Dec. 1, 2024. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Reduction of Sentence, Proffer Agreements/Statements/Sessions.