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October 4, 2020
Rounding up a few recent headlines and commentary of note for Sunday reads
Busy days on various fronts (and expected distractions by other matters in the coming week) has me concerned I will not find time blog at length about a number of recent news pieces and commentaries that seemed noteworthy. So I will make up for limited time with a weekend round-up, which will link to the pieces and add a quick hit of comment/link/snark:
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From the AP, "Ex-congressman seeks to delay going to prison, citing COVID" (it would be nice if current members of Congress would pass the COVID-19 Safer Detention Act given these persistent prison problems)
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From The Hill, "Judge orders Trump law enforcement panel to halt over rule violations" (but for this being sad reality, it would seem like an Onion satire to suggest that the US Attorney General would operate a federal "Commission on Law Enforcement and the Administration of Justice" in violation of federal law)
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From Alabama local press, "Tuscaloosa County man gets 600 years in prison for sexually exploiting 2 young children" (thanks to the FIRST STEP Act, this federal defendant might only have to serve 510 years with good behavior; I wonder what kinds of cars will be picking this defendant up come the year 2530)
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From the Colorado local press, "Polis grants pardons to 2,732 people for marijuana convictions under new bipartisan law" (I am pleased to see this news, but it still seems overdue given that voters in Colorado fully legalized marijuana a full eight year ago)
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From the Idaho local press, "In death penalty cases, the costs quickly add up" (now that the feds are back in the business of carrying out death sentences, I keep thinking of some of my long-ago discussion of the idea that states ought not waste limited taxpayer dollars on capital cases that might be taken up by the feds)
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From SCOTUSblog, "Symposium: Procedural equality in Ginsburg’s criminal justice decisions" (a quote from Lisa Kern Griffin: "Though less celebrated, some of her criminal procedure decisions expressed a related commitment to fairness and access. She emphasized the rights of criminal defendants to participate fully in the adversarial process, to have adequate counsel, and to contest government overreach."
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From Crime & Consequences, "Obstructing Justice on the Pretense of Redressing Discrimination" (a quote from Kent Scheidegger discussing the new California Racial Justice Act noted in this prior post here: "The Legislature has not merely opened a can of worms; it has opened a freight train load of cobras.")
October 4, 2020 at 02:17 PM | Permalink
Comments
With respect to the final item and Scheidegger's claims of data cherry picking and geographic differences, there has long been substantial published rebuttal. See, e.g., Prof. John Donohue's 2014 article in 11 J. of Empirical Legal Studies 637, and the concurring opinion of Justices Norcott & McDonald in State v. Santiago (2015) 318 Conn. 1.
-Prof. Eric M. Freedman
Hofstra Law School
Posted by: Eric M. Freedman | Oct 4, 2020 3:32:18 PM
From: STEVEN POWELL
Date: 10/3/2020 10:18:15 PM
To: phyllis powell
Attachments:
My name is Steven Powell doc# 619963 I am currently serving 20yrs for fleeing and eluding with wanton disregard to public safety and driving while license suspended (third offense) 15yrs for the fleeing and 5yrs for the driving running consecutive. The main thing I need help on is the driving on a suspended license. The law was changed, for cases like mine, in 2019 from a 3rd degree felony to a 1st degree misdemeanor, but it was not made retroactive. My argument is it should apply to me because my sentence of 5yrs does not begin till October 2022 that is when the 15yrs for the fleeing ends.
Basically, my 5yr sentence does not begin for three years after the law changed. For three years the maximum penalty will be 1yr before I will even start on the 5yrs. A law change that is not retroactive applies to defendants who have not been sentenced yet implying the sentence has not started.Please contact my mom if there is anything you would be willing to do. Thank you for time.
Posted by: steven powell | Oct 8, 2020 2:55:40 PM



