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Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence
by Matt Clarke
In March 27, 2020, the U.S. Court of Appeals for the Sixth Circuit vacated a firearms possession conviction from the U.S. District Court for the Northern District of Ohio because the Government showed the jury a social-media video of a masked person it alleged was …
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More from this issue:
- A Nation on the Brink, by Christopher Zoukis
- Office of Homeland Security Circumventing Warrant Requirement by Buying Cellphone Location Data from Marketing Firm, by Anthony Accurso
- From the Editor, by Richard Resch
- Using Location Surveillance to Fight COVID-19 May Chill Free Speech and Association, by David Reutter
- This Is Not a Revolution. It’s a Blueprint for Locking Down the Nation, by John W. Whitehead
- Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule, by Dale Chappell
- Seventh Circuit: Defendant’s Statement Given to Pretrial Services Can’t Be Admitted to Impeach Witness at Trial, by Douglas Ankney
- California Court of Appeal Explains Procedural Requirements for Vacating Felony-Murder Conviction Via Section 1170.95 Petition, by Douglas Ankney
- Police Violence Detrimental to Public Health, by Douglas Ankney
- Congressmen File Amicus Brief Stressing Congressional Intent That First Step Act’s New Drug Laws Apply at Resentencing, by Dale Chappell
- Indiana Supreme Court: Removal of Police’s GPS Tracker on Suspect’s Vehicle Not Probable Cause of Theft, Suppression of Evidence, by Anthony Accurso
- New Hampshire Supreme Court: Police Violated Miranda in Obtaining First Statement, and State Failed to Prove Second Statement Was Voluntary, by Douglas Ankney
- 5-Year Study Shows Police Stop Black Drivers Less Often at Night When ‘Veil of Darkness’ Obscures Race, by Douglas Ankney
- Declassified Court Ruling Details FBI Abuses of Mass Surveillance Data, by Anthony Accurso
- Second Circuit: Three Important Rulings Under First Step Act, by Dale Chappell
- Marijuana Possession in Virginia Remains Illegal But Is Decriminalized, by Douglas Ankney
- Eleventh Circuit Holds Hobbs Act Robbery Doesn’t Trigger Career Offender Enhancement, by Dale Chappell
- Biden Accuser Accused of Inflating Credentials to Qualify as Expert Witness, Calling Convictions into Question, by Derek Gilna
- COVID-19 Creates Opportunity for Big Brother in the Sky, by Michael Fortino, Ph.D
- Perjurous New York City Cop Sentenced to a Single Day in Jail, by Edward Lyon
- Fourth Circuit: Standalone Rehaif Error Requires Automatic Vacatur of Guilty Plea, by David Reutter
- Nebraska Supreme Court: Multiple Theft Charges for Stealing Items Belonging to Several People at Same Time and Place Violates Double Jeopardy, by Dale Chappell
- Is the Death Penalty Slowly Dying Across the Nation?, by Chad Marks
- Joint State-Federal Task Forces Practice Rogue Justice Under Protection of Qualified Immunity, by Michael Fortino, Ph.D
- Colorado Supreme Court: Requiring Defense to Disclose Exhibits to Prosecution Before Trial Violates Due Process Rights, by Dale Chappell
- Iowa Supreme Court Orders Dismissal of Charges that State Brought in Breach of Plea Agreement, by Douglas Ankney
- Carpenter Slowly Remaking Fourth Amendment Case Law, by Anthony Accurso
- Justice Office Awards $145 Million in Forensic Science Grants, by Anthony Accurso
- Aggressive NYPD Police Tactics Spreading COVID-19, by Michael Fortino, Ph.D
- California Federal Court Rejects Plea Agreement’s Waiver of Compassionate Release Provision, by David Reutter
- COVID-19 Causing Some Pretrial Detainees to Spend More Time in Jail, by Douglas Ankney
- California Supreme Court Announces Sentencing Law Changes Apply Until Revocation Sentence Becomes Final, by Anthony Accurso
- NY Court of Appeals: Right to Review Suppression Decision When Decision Relates Solely to a Count Satisfied by Plea but Isn’t Count to Which Defendant Pled, by Douglas Ankney
- Report: Cops Ill-Equipped to Handle Mental Illness Crisis in Hospitals, by Edward Lyon
- Plenty of Practice Prevents Poor Police Performance, by Edward Lyon
- Fifth Circuit Clarifies How ‘Pronouncement Requirement’ Applies to Supervision Conditions, by Douglas Ankney
- First Circuit: Sentence Imposed Under 21 U.S.C. § 841(a)(1), (b)(1)(c) Is ‘Covered Offense’ Under § 404 of First Step Act, by Douglas Ankney
- Sixth Circuit: Courts May Consider Good Prison Conduct in Sentence Reduction Under First Step Act, by Dale Chappell
- Minnesota Supreme Court: Hotel Guests Have Reasonable Expectation of Privacy in Registry Information, by Douglas Ankney
- DNA Database of NYC’s Chief Medical Examiner Plagued with Errors, by Douglas Ankney
- Pennsylvania Supreme Court: Expired Vehicle Registration Isn’t ‘Breach of the Peace’ Justifying Traffic Stop, by Douglas Ankney
- South Carolina Supreme Court Rejects U.S. Supreme Court’s Shifting of Burden to Defendant to Prove Absence of Exigent Circumstances in DUI Cases, by Douglas Ankney
- Report: Risk Assessment Tools not Effective, Especially When not Used, by Kevin Bliss
- Sixth Circuit: District Court’s Refusal to Reduce Crack Sentence Under First Step Act Requires Justification, by Dale Chappell
- Florida Supreme Court Abandons Circumstantial Evidence Review Standard, by David Reutter
- Courts Oppose Prosecutors’ Attempts to Right Past Wrongs, by Douglas Ankney
- No Trust Between Police and Communities They Patrol, by Kevin Bliss
- North Carolina Supreme Court: Giving Finger to Police Not Disorderly Conduct Justifying Traffic Stop, by Dale Chappell
- COVID-19 May Ring in a New Era of High-Tech Private Policing, by Michael Fortino, Ph.D
- New Technique Separates Mixed DNA Evidence to Tell Suspects from Victims, by Dale Chappell
- Feds Ramp up Purchase of Riot Gear in Wake of COVID-19 Pandemic, by Douglas Ankney
- Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence, by Matthew Clarke
- Army Veteran Serving Life Without Parole for Taking $9, 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:
- California Court of Appeal Announces Defendants Who Exercise Right to Jury Trial on Aggravating Circumstances Are Entitled to Closing Argument by Counsel on Those Factors, July 1, 2026. Sixth Amendment, Counsel - Constructive denial of, Possession or Use of Firearms, Sentences - Adjustments and Departures, Grounds for Relief.
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026. Guard Misconduct, Conspiracies, Attempts, Solicitations, False Statements/Perjury, Possession or Use of Firearms, Abuse of Position of Trust.
- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- Third Circuit: No ‘Constructive Possession’ of Firearm Discovered in Trunk of Vehicle Six Months After Defendant’s Arrest, During Which Time He Was Incarcerated and Vehicle Impounded in Tow Lot Whose Sole Security Feature Was a Locked Gate, July 1, 2025. Preponderance of the Evidence Standard, Possession or Use of Firearms, Collective Knowledge Doctrine.
- D.C. Police Continue Heavy Investment in Social Media Monitoring, April 15, 2025. Internet, Police State-Surveillance, Electronic Surveillance, Social Media.
- ICE’s Expansive Surveillance Tool Monitors Hundreds of Websites and Apps, April 15, 2025. Police State-Surveillance, Enforcement of Immigration Laws, Electronic Surveillance, Immigration Law/Offenses, Social Media.
- Charges Dismissed Against Connecticut Guards Who Assaulted Prisoner, Feb. 15, 2025. Escapes, Guard Brutality/Beatings, Dismissal, Social Media, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- Texas Court of Criminal Appeals: Presumption of Innocence Not Violated by Jail Courtroom, Feb. 15, 2025. Publicity - Prejudicial, Prejudice - Potential for Undue.
- Reining in Police Monitoring of Social Media, Feb. 15, 2025. Police State-Surveillance, Electronic Surveillance, Racial/Ethnic Bias/Profiling, Social Media, Racial Bias Exception.
- “Whoppergate” Embroils Georgia Sheriff, Jan. 15, 2025. Excessive Force (Police), Social Media.
