Criminal Defense Archives - Gess Mattingly & Atchison, P.S.C.

First Time Offenders May Get a Break Under Proposed Amendments to the United States Sentencing Guidelines.

In April, the United States Sentencing Commission adopted several amendments to the United States Sentencing Guidelines that, absent adverse Congressional action, will go into effect on November 1, 2023. One of those amendments stands to greatly benefit many first-time federal offenders. Notably,...

U.S. Supreme Court: Defendant Did Not “Open the Door” for a Confrontation Clause Violation

The Sixth Amendment to the United States Constitution guarantees defendants the right to confront witnesses against them. On January 20, 2022, the United States Supreme Court held, in an 8-1 opinion in Hemphill v. New York, that the defendant, Darrell Hemphill, did not "open the door" to a violation...

Compassionate Release in the Age of COVID-19

What is Compassionate Release? Federal law recognizes that, in certain circumstances, an inmate's terminal illness, age, sickness, debilitation, or extreme family circumstances outweigh the need for further imprisonment. The Sentencing Reform Act of 1984 allows incarcerated individuals to seek re...

What is Marsy’s Law?

There are two proposed constitutional amendments on the ballot this November in Kentucky. Proposed constitutional amendment no. 1, also known as Marsy's Law, would, if enacted, make sweeping changes to Kentucky criminal procedure regarding a victim's participation in the accused's criminal proceedin...

Kentucky Broadens Expungement Even Further

In April 2020, the Kentucky General Assembly passed House Bill 327 to make it easier for defendants to expunge acquitted conduct. The bill amends KRS 431.076 to provide that any Court entering an order of acquittal or dismissing any charges with prejudice after on or after July 15, 2020 (the Act's e...

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A Tradition of Excellence

First Time Offenders May Get a Break Under Proposed Amendments to the United States Sentencing Guidelines.

U.S. Supreme Court: Defendant Did Not “Open the Door” for a Confrontation Clause Violation

Compassionate Release in the Age of COVID-19

What is Marsy’s Law?

Kentucky Broadens Expungement Even Further

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