The Jesse Law Firm, P.L.C., 425 W Broadway St, Ste E 72114 North Little Rock, AR, US

I LIFE sentence and a 40 year sentence overturned on appeal. Reversed and Remanded for new trial.

Just won a reversal of a life sentence out of the Supreme Court on a rape charge. State v. Anthony Beard.

How the Career Offender Guideline Works The Sentencing Commission promulgated the career offender guideline in response to a directive from Congress in the Sentencing Reform Act of 1984 to assure that the guidelines specify a sentence to a term of imprisonment at or near the maximum term authorized for categories of defendants in which the defendant is eighteen years old or older and: (1) has been convicted of a felony that is: ... (A) a crime of violence, or (B) an offense described in 21 U.S.C. 841(controlled substance offenses), 21 U.S.C. 952(a), 955, 959, and 46 U.S.C. 70503 (drug offenses); and (2) has previously been convicted of two or more prior felonies, each of which is (A) a crime of violence, or (B) an offense described in 21 U.S.C. 841 (controlled substance offenses), 21 U.S.C. 952(a), 955, 959, and 46 U.S.C. 70503. See 28 U.S.C. 994(h). A defendant is classified as a career offender under the guidelines if the instant offense is a felony, defined as an offense punishable by death or imprisonment exceeding one year, that is a controlled substance offense or a crime of violence committed when the defendant was at least eighteen years old, and the defendant has at least two prior felony convictions of either a controlled substance offense or a crime of violence. USSG 4B1.1, 4B1.2. Prior diversionary dispositions may count, USSG 4A1.2(f), but unlike for 851 enhancements and the ACCA, prior convictions are subject to a staleness limitation, USSG 4A1.2(e), and unlike for 851 enhancements, simple possession of drugs does not qualify as a controlled substance offense.

Accomplice murder conviction overturned without substantial corroborating evidence of involvement despite accomplice testimony. Mere presence at the scene of the crime is not proof of guilt.

Batson rationale reversal.

No more abstracting!

United States v. Chadwick, NO. 17-2354, before Smith, Beam, and Colloton, per curiam. District Judge Greg Kays, W.D.Mo. Sentence of 62 months was not substantively unreasonable, even though guideline range was 30 to 37 months. Defendant had lengthy criminal history and was not deterred by prior sentences he had served. District court's comment about the defendant having 11 children and never marrying was not a judgment of defendant's morality and was not reliance on an improper sentencing factor. http://media.ca8.uscourts.gov/opndir/18/08/172354U.pdf

http://opinions.aoc.arkansas.gov//d/360132/Electronic.aspx Supreme court overturns conviction for denial of right to public trial by exclusion of family members from court room during voir dire portion of trial (jury selection).

Have a beautiful holiday!

Edwards v. Arizona, 451 U.S 477 (1981), is a decision by the United States Supreme Court holding that once a defendant invokes his Fifth Amendment right to counsel police must cease custodial interrogation. Re-interrogation is only permissible once defendant's counsel has been made available to him, or he himself initiates further communication, exchanges, or conversations with the police. Statements obtained in violation of this rule are a violation of a defendant's Fifth Amendment rights.

Another one bites the dust.

Cold out there this morning!

Hope everyone is having an enjoyable Holiday. Back to work on Monday :)

Love they give the names of the cases I work on. Operation Pilluted

Yet another interesting case I'm working on.

http://www.nwahomepage.com//arkansas-bill-allowing-guns-in

Nobody talks, everybody walks. You have the right to remain silent. Use it when appropriate.

http://opinions.aoc.arkansas.gov//d/333549/Electronic.aspx Supreme Court rules officers may obtain search warrant to take blood sample when driver withdraws consent under implied consent law in DWI cases.

Death Penalty CLE today in Rogers.

Let's go Hogs! WPS

Wishing everyone a Happy Thanksgiving!

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Hope everyone had a wonderful Easter!

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Check us out today at http://www.wix.com/jesselawfirm/jesselawfirm or call us for your free consultation!

Call us today for a free consultation!