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Tag Archives: retroactive

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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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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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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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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