Newsletter July 2nd, 2021

By Casey Richards | July 2, 2021

NEWSLETTER July 2, 2021 Welcome to the weekly edition of our newsletter. VIEWS ON THE LAW [-] Borden and 924(c) Whenever the Supreme Court invalidates part of a criminal statute, the question comes up about whether the Court’s reasoning could affect similar statutes and whether this opens the door for relief. The Court held in…

NEWSLETTER June 25, 2021

By Casey Richards | June 25, 2021

NEWSLETTER June 25, 2021 Welcome to the weekly edition of my newsletter. Please note that this email address ([email protected]) is only for the newsletter; if you are interested in hiring my law firm, please use [email protected] (prisoner emails accepted). This same newsletter can be viewed by your folks on our blog, and they can sign…

Breaking News

By Casey Richards | June 11, 2021

*** BREAKING NEWS *** In a case that many of you have been waiting on, the U.S. Supreme Court held today in Borden v. United States, 2021 U.S. LEXIS 2990 (June 10, 2021), that a violent crime that has only a mens rea of recklessness does not qualify under the ACCA. Below is an overview…

NEWSLETTER June 4, 2021

By Casey Richards | June 7, 2021

Welcome to another round of my weekly newsletter expounding on some happenings in the courts and some insights on issues that you may want to know about. VIEWS ON THE LAW This week’s Views on the Law focuses on two issues from the political arena that have commanded lots of attention lately. Up first is…

Will Biden Grant Clemency to Thousands Later This Year?

By Casey Richards | May 8, 2021

Will Biden Grant Clemency to Thousands Later This Year? There are over 4,500 inmates that were sent to home detention due to the CARES Act and for them the question of if they will have to return to prison still remains open. As the country slowly returns to normal, what will the DOJ do for…

Sixth Circuit Says Savings Clause OK to Raise Case Decided While 2255 on Appeal

By | December 18, 2020

Let’s say you filed your 28 U.S.C. 2255 motion attacking your federal sentence and it was denied. While you’re appealing that motion, the Supreme Court decides a retroactive case that you would’ve raised in your motion. Is it too late to supplement your motion with a new claim based on that case?  It all depends…

Police Contact with the Public in 2018

By Brandon Sample | December 18, 2020

In 2018, the Bureau of Justice Statistics conducted a survey on the interactions between police and members of the public. Although this survey was initially created in conjunction with the National Crime Victimization Survey, its stand-alone results provide us with some crucial context of the effect law enforcement has on the communities they serve. Background…

Decarceration and the COVID-19 Pandemic

By Brandon Sample | November 20, 2020

With coronavirus cases on the rise in carceral facilities across the United States, it is more than apparent that something must be done. Decarceration is a major way to prevent the virus from spreading, as well as addressing a number of other serious issues caused by mass incaraceration. In a new study published in The…

Truthful Information for Reduced Sentences.

By | November 16, 2020

Whether someone provides “truthful information” to qualify for a reduced sentence under the safety valve is not up to the government, the U.S. Court of Appeals for the Fifth Circuit held on August 21, 2020. U.S. v. Lima-Rivero, 19-10759 (5th Cir. Aug. 21, 2020).  After pleading guilty to possession of methamphetamine, the defendant provided information…

Attacking the Guilty Plea: Waivers, Breaches, and Getting More Time After a Successful Challenge

By | November 16, 2020

In this final column based on my book, WinningCites: Attacking the Guilty Plea, we’ll go over how plea waivers and breaches of plea agreements impact challenging a guilty plea, and we’ll also dig into one of the most-asked questions I hear: Can I get more time if I get convicted again after attacking my guilty…