Appellate Procedure

McKinney v. Arizona (U.S. Supreme Court, February 2020)

The Supreme Court held that allowing a state appellate court to reweigh the aggravating and mitigating factors in a capital case under Clemons v. Mississippi is a permissible remedy after a finding on collateral review that the sentence court failed to consider mitigating factors in violation of Eddings v. Oklahoma.

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United States v. Odis Lee Jackson (5th Cir. December 2019)

The Fifth Circuit held that the de novo standard of review applies to a district court's determination regarding a defendant's eligibility under the First Step Act, but that the abuse-of-discretion standard applies to the district court's decision whether to actually reduce the defendant's sentence.

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