Month: November 2024

Charges Dismissed, or Just Amended? The Answer May Cost Wrongfully Convicted Defendants

In re Wrongful Conviction of Mashaney, No. 126,550, 2024 WL 4576237 (Kan. Oct. 25, 2024). Author: Kaegan Cowan, Staff Editor Issue: In claims for wrongful conviction and imprisonment, is Kan. Stat. Ann. § 60-5004’s requirement—that “the charges [be] dismissed”—satisfied when the …

To Group or Not to Group: U.S. Sentencing Guidelines Warrant Lenity when Grouping Charged and Uncharged Conduct

United States v. Tony, No. 23-2110 (10th Cir. Oct 29, 2024). Author: Ben DeKoning, Staff Editor Issue: Whether, having grouped two obstruction counts together under the U.S. Sentencing Guidelines, a court must further group those counts with the …