Super Bowl Ad Reminds Us What We Are Fighting For; Case Updates
by Derek Gilna
A short ad
during the Super Bowl that highlighted the pure joy of Alice Johnson greeting
her family after her release from Aliceville prison by order of the President, gives
hope to all who have recently questioned
the commitment of the current administration to reform. The same President that
gave us First Step (FSA) is now being implored to start granting the
"thousands" of clemencies that he alluded to in past months, and send
a powerful message to the prison bureaucrats.
` That
bureaucratic mind set is behind DOJ efforts in a few cases (81 so far) to file
appeals of district court judges decision to grant FSA relief. Fortunately, these appeals have largely
failed, as appeals courts are questioning the right of DOJ to even bring the
appeals on jurisdictional grounds. (Nice to see the words "DOJ" and
"failed" in the same sentence.)
In an
interesting 7th Circuit decision, the court in US v Helding, 18-3270, 1-28-20,
declined to approve an increase an agreed upon plea agreement drug quantity of
100 kilograms to 4679 kilograms based solely upon a CI's testimony, stating
that "when a defendant objects, the evidence supporting that quantity must
be found to be reliable...lest a defendant (be) sentenced on the basis of
unreliable information." Reversed and remanded.
In a
highly-criticized denial of a medical compassionate release case, the 5th
Circuit in US 1-28-20 ,
the court acknowledged the fact that the plaintiff had a terminal medical
condition, but clearly disregarded FSA language and Congressional intent in
denying his release, based upon his criminal history. I predict that the US Supreme Court will
soon disabuse the 5th Circuit of their faulty reasoning.
In re:
James Daily, a Florida state death penalty case, the 11th Circuit denied to
reopen the 30-year old case on actual innocence, Brady violation, or
constitutional violation grounds, but a concurrence raised interest points. It
noted that "AEDPA cannot possibly be applied when to do so would offend
the Constitution and the fundamental concept of justice that an innocent man
should not be executed," quoting In re Davis 1-30-20 .
Finally,
another case concerning mental health defenses was recently decided in the 8th
Circuit. In Love v. US, 18-3457,
1-31-20, although the court affirmed a conviction over inadequate representation
of counsel grounds (which generally MUST be raised in a 2255), the court laid
the groundwork for a successful habeas by noting that an evidentiary hearing on
mental health issues should have been held, and the dissent stating that it
should have been held in the original sentencing proceeding.
We look
forward to hearing from you. Let not
your heart be troubled.
Federal Legal Center, Inc.
Derek A. Gilna, JD, Director,
113 McHenry #173
(Also in Indiana
