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Michigan Supreme Court Reverses Murder Conviction Due to Unreliable, Suggestive Showup
by Matt Clarke
The Supreme Court of Michigan held that a showup identification of the alleged shooter in a murder case was impermissibly suggestive and unreliable. Because the prosecution’s case was “significantly less persuasive” without the identification, it was not harmless. Therefore, the Court reversed the murder conviction …
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More from this issue:
- The Infuriating History of Why Police Unions Have So Much Power, by Samantha Michaels
- Wrongly Convicted North Carolina Man Released After 44 Years in Prison, by Douglas Ankney
- Law Review Article: Plea Bargains Lack Transparency, by David Reutter
- Eleventh Circuit Holds RICO Conspiracy Doesn’t Qualify as Crime of Violence for § 924(c) Purposes and Defendant’s 120-Year Sentence Was Procedurally Unreasonable, by Douglas Ankney
- Nevada Supreme Court: Search Invalid Where Police Failed to Properly Inventory Bag, by Anthony Accurso
- Don’t Call the Cops. Especially if Your Loved Ones Are Old, Disabled or Have Special Needs, by John W. Whitehead
- Ninth Circuit Announces Panels of Court of Appeals May Fashion Remedy When District Court Commits Daubert Error, by Douglas Ankney
- Hawai’i Supreme Court: Search Unreasonable Where Officers Knocked and Announced Their Presence Four Times Within 25 Seconds, Then Forced Entry, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces Use of Pole Cameras for Extended Surveillance of Residence Constitutes Search Under State Law, by Douglas Ankney
- Kentucky Supreme Court: Criminal Defendant Has Right to Independent Counsel During In-Chambers Hearing on Fitness of Defense Counsel, by Matthew Clarke
- Massachusetts Supreme Judicial Court Vacates Guilty Plea Conditioned on Waiving Right to Pursue Claim Racial Bias Infected Jury Deliberations, by David Reutter
- Washington Supreme Court: Prosecutor’s War on Drugs Comments Denies Fair Trial, by David Reutter
- Louisiana Supreme Court: Statute Compelling Registered Sex Offenders to Carry ID Emblazoned with ‘SEX OFFENDER’ Unconstitutional, by Douglas Ankney
- Tenth Circuit: District Court’s Failure to Justify Special Condition Was Plain Error, by Dale Chappell
- Denver 911 Calls Routed to Mental Health Professionals, by Jayson Hawkins
- Arizona Supreme Court: Stipulated Plea Agreement Cannot Bar Review of Illegal Sentence, by David Reutter
- Ninth Circuit: District Court Abdicated Daubert Gatekeeping Function by Failing to Make Reliability Findings on Expert Witness’ Testimony, by Anthony Accurso
- Pennsylvania Supreme Court: No Probable Cause to Search Cellphones Merely Possessed in Proximity to Drugs and Guns, by Dale Chappell
- Ninth Circuit Reiterates Presumption of Innocence Remains Until Conviction, Grants Habeas Relief, by Dale Chappell
- Third Circuit: No Categorical Ban on Reliability of Recantations as New Evidence, by Dale Chappell
- First Circuit: Prosecution Under Puerto Rico and Federal Law for Same Drug Offense Constitutes Double Jeopardy, by Matthew Clarke
- Fifth Circuit: Special Conditions of Supervised Release That Barred Use of Internet, Computers, and Electronic Devices for 10 Years Not Substantively Reasonable, by Douglas Ankney
- Court of Appeals of Maryland Clarifies Issues Involving Plea Agreements and Sentence Modifications Under Justice Reinvestment Act, by David Reutter
- 7th Circuit: Ice Methamphetamine Sentence Enhancement Requires Proof of Purity, by Anthony Accurso
- Illinois Law Firm Offers Web Application to Help Automate Expungement, by Douglas Ankney
- Sixth Circuit: Probation Officer’s Warrantless Search of Probationer’s Cellphone Violated Fourth Amendment, by Douglas Ankney
- New Mexico Supreme Court Clarifies Meaning of Key Terms in Aggravated Fleeing From Law Enforcement Statute, by Anthony Accurso
- New York Court of Appeals Clarifies When Police May Conduct Traffic Stops, by Douglas Ankney
- Sixth Circuit: Savings Clause Available for Retroactive Case of Statutory Interpretation Decided While § 2255 Motion on Appeal, by Dale Chappell
- Ninth Circuit: Asking Single Objectionable Question Insufficient to Justify Termination of Defendant’s Right to Pro Se Representation, by Douglas Ankney
- In New York, Former Prisoners With Mental Illnesses Lack Needed Support, by Casey Bastian
- Lawsuit Challenges DEA Cash Seizures, by Jayson Hawkins
- Futuristic Crime Predictor Targets, Monitors People Across Florida County, by David Reutter
- Who Pays for Police Surveillance?, by Jayson Hawkins
- First Step Act Relief Shows Modest Results, by Dale Chappell
- Retiree’s Home Taken for $8.41 Tax Bill Draws Michigan Supreme Court Ire, by Jayson Hawkins
- They’re Not Secret Police, Just Police, by Anthony Accurso
- Georgia Supreme Court Affirms Right to Resist Unlawful Arrest and Announces Right Includes Use of Proportionate Force Against Government Property, by Douglas Ankney
- A New Style of Crime Documentary, by Jayson Hawkins
- Report: Judicial System Gives Cops a Pass in New Jersey, Elsewhere, by Michael Fortino, Ph.D
- Startup Surveils Communities of Color for Police Using Twitter, by Anthony Accurso
- Michigan Supreme Court Reverses Murder Conviction Due to Unreliable, Suggestive Showup, by Matthew Clarke
- Texas Police S.W.A.T. Woman Over Anti-Cop Bumper Stickers, by Edward Lyon
- Effective Crisis Management Without Police, by Jayson Hawkins
- Hip-Hop Police Bust Careers, Not Crime, by Kevin Bliss
- Mother Calls 911 for Assistance With 13-Year-Old Autistic Son; Police Arrive and Shoot Him, by Douglas Ankney
- News in Brief
More from Matthew Clarke:
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026
- Federal Court Orders Texas to Admit Incompetent Jailed Defendants to Mental Health Facilities Within 21 Days, Oct. 1, 2026
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
More from these topics:
- Buried in Plain Sight: How Digital Discovery Turns Disclosure Itself Into Concealment, Aug. 15, 2026. Videotaping, Suppression of Identity Evidence, Eyewitness Identification, Withholding of Exculpatory Evidence.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- Conviction Tossed for Former Alabama Prisoner Paroled After 42 Years, July 1, 2026. Sex Offender Registration, Wrongful Conviction, Forensic Sciences, Eyewitness Identification, Brady Rule violations.
- Hawai’i Supreme Court Holds Trial Court Failed to Consider HAWJIC 3.19A Factors and “Effect of Suggestiveness on Reliability” When Evaluating Field Show-Up Identifications, July 1, 2026. witness misidentification, Motions To Suppress, Evidence - Integrity/Reliability of, Suppression of Identity Evidence, Eyewitness Identification.
- Murder Convictions Tossed for Three Pennsylvania Prisoners After 28 Years, June 1, 2026. Wrongful Conviction, witness misidentification, Forensic Sciences, Evidence - Integrity/Reliability of, Expert and Opinion Testimony.
- Texas Prisoner Declared Innocent 70 Years After Execution, March 1, 2026. Racial Discrimination, Death Penalty, False Confessions, Eyewitness Identification, Prosecutorial Misconduct.
- Aphantasia: Why Truthful Witnesses Can Sound Like Liars, Jan. 1, 2026. Jury Instructions, False Statements/Perjury, Self-Authentication, Voir Dire, Evidence - Integrity/Reliability of, Eyewitness Identification, Character/Reputation/Propensity.
- Iowa Supreme Court Announces Framework for Admissibility of Expert Testimony on Eyewitness Identification, Holding Generalized Testimony on Psychological Factors Ordinarily Should Be Admitted, Jan. 1, 2026. witness misidentification, Eyewitness Testimony, Lineups, Eyewitness Identification, Expert and Opinion Testimony.
- Enormous $14 Million Settlement Reached by Los Angeles County with Former Prisoner Exonerated After 20 Years, Nov. 1, 2025. Municipal Liability, Fabrication of Evidence, Favorable Disposition, Eyewitness Identification, Withholding of Exculpatory Evidence.
- Connecticut Supreme Court Announces Teague’s ‘Watershed’ Rule Exception to Nonretroactivity of New Constitutional Rule of Criminal Procedure on Collateral Review Has ‘Continued Vitality’ in Connecticut, Adoption of Third Exception to Teague’s Nonretroacti, April 15, 2025. Retroactivity, Criminal Procedure, Federal Rules of Criminal Procedure, Eyewitness Identification.





