A federal judge in Washington D.C. has reversed an earlier decision and ordered the U.S. government to return mandatory assessments and restitution payments made by two individuals whose convictions related to the January 6th Capitol riot were recently vacated due to presidential pardons. The ruling centers on a key legal…
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Felon’s 30-Month Gun Sentence Upheld Despite Guideline Range Below Two Years
The Eleventh Circuit Court of Appeals has affirmed a 30-month prison sentence for Kentravious Montrell Ware, concluding that the sentence, which varied upward from the recommended guidelines, was not “substantively unreasonable.” Ware, who pleaded guilty to possessing a firearm as a convicted felon, argued that the 30-month term—significantly higher than…
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Felon’s Social Media Posts Admissible in Gun Case, Eighth Circuit Upholds Sentence
The U.S. Court of Appeals for the Eighth Circuit has affirmed the conviction and 42-month sentence of Devon Lamont Holt, who was found guilty of being a felon in possession of a firearm. Holt appealed the trial court’s decision to allow certain inflammatory Facebook posts as evidence and argued that…
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Eleventh Circuit Upholds Resentencing, Denies Challenge to Gun Law After *Bruen*
The U.S. Court of Appeals for the Eleventh Circuit has affirmed the conviction and sentence of Benjamin Smith, concluding that the district court correctly handled issues related to the scope of the remand order and the pronouncement of supervised release conditions. Smith, previously convicted of being a felon in possession…
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Court Reverses Theft and Forgery Conviction Over Defendant’s Competency to Stand Trial
The Tenth District Court of Appeals of Ohio has overturned the conviction of Jessica M. Richardson, finding that the trial court committed a structural error by proceeding to trial despite overwhelming evidence that Richardson was not mentally competent to assist in her own defense. The appellate court ruled that trying…
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Jury Shake-Up Upheld: North Dakota Supreme Court Affirms Decision to Replace Juror After Courtroom Contact
The North Dakota Supreme Court has affirmed two criminal judgments against Joshua Brock Martinez, rejecting his claim that the trial court improperly replaced a seated juror with an alternate juror, an action Martinez argued violated his constitutional rights. The high court ruled that replacing the juror did not constitute double…
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Court Upholds Denial of Record Sealing After Applicant Fails to Present Evidence
The Eighth District Court of Appeals in Ohio has affirmed a trial court’s decision to deny a defendant’s motion to seal his criminal record, ruling that the defendant failed to meet his legal burden of demonstrating legitimate reasons for sealing the records beyond general privacy concerns. The case involved J.D.B.,…
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NJ Court Rules on Controversial “Tower Dump” Warrants, Sets New Guidelines
The New Jersey Appellate Division has delivered a significant ruling regarding the use of “tower dump warrants”—a powerful investigative tool that sweeps up cell phone data from cell towers near a crime scene—declaring the specific warrants used in a recent robbery and sexual assault case unconstitutional, but ultimately allowing the…
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Court Rules Mail Service Was Sufficient in Sex Offender Risk Review Case
In a recent decision, the Georgia Court of Appeals reversed a lower court’s ruling, finding that a sex offender’s use of regular mail to serve the Sexual Offender Risk Review Board was sufficient. The case, *Fusco v. Sexual Offender Risk Review Board*, centered on the proper method of serving a…
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Hamner’s Parole Denial Upheld by Arkansas Supreme Court
The Arkansas Supreme Court has sided with the Arkansas Post-Prison Transfer Board (the Board) in a case involving Charles Hamner, who was denied parole. The court affirmed the lower court’s decision to dismiss Hamner’s petition, citing a state law that prevents inmates from challenging parole decisions through judicial review. The…