August 12, 2014 Comments Off on Drug act record sealing is retroactive
Sealing of records related to certain drug convictions may be granted retroactively. The Appellate Division, Fourth Department, in a case of first impression, ruled Friday that criminal records are eligible for conditional sealing even if they relate to convictions before ...
Tagged with: Appellate Division Fourth Department retroactive
Read More »August 5, 2014 Comments Off on Homestead exemption didn’t violate Taking Clause
Changes in the New York state homestead exemption threshold are retroactive and the protection provided homeowners did not represent an unconstitutional taking of property, namely a lien judgment, the U.S. Court of Appeals for the Second Circuit has ruled in ...
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Read More »July 14, 2013 Comments Off on Changed DWI regs applied retroactively
A Pittsford man charged with driving while intoxicated will be able to start his case over after being caught in a Catch-22 over changing state regulations. East Rochester Town Justice Terrence C. Brown-Steiner agreed to allow Daniel C. Luther, 52, ...
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Read More »February 28, 2013 Comments Off on Clarity, but no relief, for immigration defendants
A decision from the U.S. Supreme Court that a seminal Sixth Amendment rights case is not retroactive has provided clarity for attorneys while dashing the hopes of thousands of defendants. In 2010, the justices held that criminal defense attorneys are ...
Tagged with: Padilla v. Kentucky retroactive U.S.Supreme Court
Read More »July 17, 2012 Comments Off on 4th Circuit: ‘Padilla’ doesn’t apply retroactively
A defendant could not have a 2007 drug conviction overturned on the ground that his lawyer failed to advise him of the deportation consequences of his guilty plea, the 4th Circuit has ruled in affirming judgment. In March 2010, the ...
Tagged with: Padilla v. Kentucky retroactive U.S.Supreme Court
Read More »May 1, 2012 Comments Off on Court: Is ‘Padilla’ duty retroactive?
The U.S. Supreme Court has agreed to decide whether its 2010 ruling in Padilla v. Kentucky, holding that the Sixth Amendment requires criminal defense attorneys to warn non-citizen clients if a guilty plea carries a risk of deportation, applies retroactively, ...
Tagged with: Padilla v. Kentucky retroactive Sixth Amendment U.S. supreme court
Read More »November 28, 2011 Comments Off on High Court will decide on crack sentencing
WASHINGTON — The U.S. Supreme Court will decide whether a law meant to reduce the disparity between crack and powder cocaine prison sentences can apply those who were convicted — but not sentenced — before its enactment. The high court ...
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Read More »August 4, 2011 Comments Off on Crack sentencing retroactivity vote spurs controversy
The recent vote by the U.S. Sentencing Commission to apply its newly reduced sentencing guidelines for crack offenses retroactively has spurred debate among defense attorneys, prosecutors and law enforcement officials.
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Read More »June 14, 2011 Comments Off on Lawmakers balk at applying crack law retroactively
WASHINGTON — A group of 15 Republican Congressmen is opposing a proposed reduction in sentences for prisoners previously convicted of crack cocaine charges. In a letter to the U.S. Sentencing Commission dated June 10 the lawmakers say ...
Tagged with: crack cocaine GOP retroactive
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