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Topic

Retroactivity

265 published works

  1. Ohio Appellate Insights

    What’s On Their Minds: Can a Defendant in a Capital Case Whose Death Sentence is Overturned on Appeal be Re-Sentenced to Death Under an Amended Statute Not in Effect on the First Go-Around?

    By Marianna Bettman

    Update: On June 14, 2012, the Court handed down a merit decision in this case, affirming the re-imposition of the death penalty.  On November 16, the Supreme Court of Ohio…

  2. Property Insurance Coverage Law Blog

    Trying to Change the Past: Are the New Sinkhole Laws Retroactive?

    By Larry Bache

    Many, if not all, policyholders’ advocates are aware of the recent legislative changes to Florida’s sinkhole statutes. One of our greatest concerns is the definitional change of the term “structural…

  3. Sentencing Law and Policy

    Split Fifth Circuit deepens split over FSA’s application to pipeline cases

    By Douglas Berman

    Main October 20, 2011Split Fifth Circuit deepens split over FSA's application to pipeline casesI am not tickled to have to report than another circuit has now refused to allow the…

  4. Sentencing Law and Policy

    Tenth Circuit panel decidesPadilla v. Kentuckyisnotretroactive

    By Douglas Berman

    Main August 30, 2011Tenth Circuit panel decides Padilla v. Kentucky is not retroactiveIn a decision similar to one handed down last week by the Seventh Circuit (blogged here), a unanimous…

  5. Sentencing Law and Policy

    Split Seventh Circuit panel decidesPadilla v. Kentuckyisnotretroactive

    By Douglas Berman

    Main August 23, 2011Split Seventh Circuit panel decides Padilla v. Kentucky is not retroactiveInteresting ruling today by a split Seventh Circuit panel today in Chaidez v. US, No. 10-3623 (7th…

  6. Sentencing Law and Policy

    Third Circuit (joining First and Eleventh Circuits) applies FSA lower mandatory minimum terms to pipeline cases

    By Douglas Berman

    Main August 9, 2011Third Circuit (joining First and Eleventh Circuits) applies FSA lower mandatory minimum terms to pipeline casesVia its opinion today in US v. Dixon, No. 10-4300 (3d Cir.…

  7. Sentencing Law and Policy

    A (justifiably) sharp reaction to AG Holder’s new position on FSA crack pipeline cases

    By Douglas Berman

    Main July 18, 2011A (justifiably) sharp reaction to AG Holder's new position on FSA crack pipeline casesAs set out in this post from Friday, I was very pleased to learn…

  8. Sentencing Law and Policy

    Only a year late, AG Holder sees light and reverses course on FSA pipeline sentencing issue

    By Douglas Berman

    Main July 15, 2011Only a year late, AG Holder sees light and reverses course on FSA pipeline sentencing issueRegular readers know that, since the Fair Sentencing Act became law in…

  9. Sentencing Law and Policy

    Ohio Supreme Court finds new Ohio SORNA-compliant sex offender requirements punitive

    By Douglas Berman

    Main July 13, 2011Ohio Supreme Court finds new Ohio SORNA-compliant sex offender requirements punitiveIn a ruling with potential national implications even though based only on state law, the Ohio Supreme…

  10. Sentencing Law and Policy

    Split Third Circuit appliesPadillaretroactively, but disagrees on prejudice determination

    By Douglas Berman

    Main June 29, 2011Split Third Circuit applies Padilla retroactively, but disagrees on prejudice determinationA notable new Third Circuit ruling today in US v. Orocio, No. 10-1231 (3d Cir. June 29,…