Appeals & Post-Conviction

Appeals & Post-Conviction

Thursday, October 15, 2015

Sentences Based on Prior Convictions for Drugs or Violence

In Johnson v. United States, 13-7120, the United States Supreme Court on June 26, 2015 struck a blow against sentencing increases based on prior convictions.  The Supreme Court ruled that the "residual clause" of the Armed Career Criminal Act is ambiguous, and therefore denies due process to defendants whose sentences were increased under that law.  Courts nationwide are starting to reject increased sentences urged by prosecutors, and these judges are doing so by extending the rationale of Johnson to other contexts.  Meanwhile, there is litigation sprouting everywhere to test whether Johnson applies retroactively to shorten older sentences handed down before June, 2015.

If you have a family member or friend whose lengthy sentence was based at least in part on prior convictions, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

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