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B & N BLOG

After winning a state court post-conviction, and obtaining a new sentencing, a white collar client of the Law Office of C. Justin Brown was granted additional relief by a Circuit Court judge this week. The Circuit Court Judge reduced the client’s sentence to a new term that should allow the client to get home by Christmas. The Firm raised numerous issues on post-conviction, but ultimately the winning issue was the failure of trial counsel to

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The Court of Appeals has just made an important Post-Conviction ruling, in Savoy v. State. The Court granted a new trial on the grounds that the trial court judge had given an erroneous “reasonable doubt” jury instruction. Despite some procedural idiosyncracies, the case is a reminder of just how potent the reasonable doubt issue can be in cases in which the judge gave a flawed instruction. In Savoy, the trial court gave the following instruction: “After the

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It has been more than five years since the Supreme Court, in United States v. Booker, held that the Federal Sentencing Guidelines are merely advisory. Judges have been gradually taking that to heart. In the recent sentencing of one of my clients in Baltimore, a Federal Judge ruled that, despite the clear language of the U.S. Sentencing Guidelines, she would not sentence my client as a career offender. The Judge held that such a designation,

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A recent Supreme Court opinion, Fowler v. United States, issues of a firm rebuke of the Fourth Circuit’s position on the Federal Witness Tampering statute, 18 U.S.C. § 1512(a)(1)(C). The Fourth Circuit had been allowing the Government to successfully charge federal witness tampering even in cases in which there was no apparent connection to a “federal offense.” Now, according to SCOTUS, the statute must be interpreted as… well, as it is actually written. That is, “the

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