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From the Editor
Loaded on Dec. 15, 2024
by Richard Resch
published in Criminal Legal News
January, 2025, page 11
Filed under:
Editorials.
Location:
United States of America.
by Richard Resch
As we usher in 2025, we also mark the eighth year of Criminal Legal News (“CLN”). To those of you who have been with us from the beginning, we extend our heartfelt gratitude for your continued support, which has been instrumental in our success. We are honored ...
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More from this issue:
- Oregon Supreme Court Announces 60-Day Limit on Pretrial Custody Applies to Retrials, by Matthew Clarke
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, by Anthony Accurso
- Understanding Timestamps in Digital Forensics, by Michael Thompson
- Protect Yourself Against Police Invasion of Your Cellphone, by Douglas Ankney
- Touch-Transfer DNA Remains Misunderstood and Still Poses High Risk of Wrongful Conviction, by J.D. Schmidt
- From the Editor, by Richard Resch
- Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction, by Sam Rutherford
- Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defendant About Mandatory Sentences If Plea Offer Rejected, by Sam Rutherford
- You’d Better Watch Out: The Surveillance State Is Making a List, and You’re On It, by Nisha Whitehead, John W. Whitehead
- Kansas Supreme Court Announces Defendant-Witness Retains Fifth Amendment Privilege Against Compelled Self-Incrimination After Guilty Plea and Sentencing as Long as Testimony Sought Presents Legitimate Risk of Incrimination, by Sam Rutherford
- First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo, by Sam Rutherford
- California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment, by Sam Rutherford
- Colorado Supreme Court Announces When Deciding Defendant’s Pro Se Motion Requesting Counsel on Postconviction Review, Trial Court Must Either Deny Entire Motion or Permit All Claims If Any Have Arguable Merit, by Sam Rutherford
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, by Sam Rutherford
- Recovering Deleted Messages, by Michael Thompson
- Scent of Death Evidence Admitted at Indiana Murder Trial, by Sam Rutherford
- Washington Supreme Court Declines to Expand Scope of Attenuation Doctrine Under State Constitution and Reverses Murder Conviction Based on Unlawfully Seized, by Sam Rutherford
- Why Aren’t Eligible Individuals Taking Advantage of Expungement Laws?, by Michael Thompson
- Las Vegas Jury Finds Detectives Fabricated Evidence Against Woman Who Spent 15 Years in Prison for Murder and Awards Her $34 Million, by James Mills
- Maryland Supreme Court Announces New Constitutional Rule Requiring Voir Dire Questions Related to Child-Witness Credibility and Abrogates Prior Inconsistent Case Law, by Sam Rutherford
- Eleventh Circuit Announces Defendant Must Know Leaving Residential Facility Without Permission Is ‘Unlawful’ for Escape Conviction Under 28 U.S.C. § 4082(a), by Matthew Clarke
- California Court of Appeal Announces Postconviction Discovery Permitted in Resentencing Under Penal Code § 1172.6 for Felony Murder and Natural and Probable Consequences Murder Convictions, by Sam Rutherford
- Federal Law Enforcement Using Banks to Circumvent Warrant Requirement in Surveilling Sensitive Financial Data of Americans, by James Mills
- Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation, by Sam Rutherford
- Sixth Circuit Announces Ohio’s Standard for Judicial Bias Contrary to Clearly Established Federal Law, Holds Trial Judge Unconstitutionally Biased in Capital Case and Defendant Denied Right to Present Mitigating Evidence, Grants Habeas Relief, by Sam Rutherford
- DNA on Fired Cartridge Casings: Promising Advances to Link Suspects to Crime Scenes
- News in Brief
More from Richard Resch:
- From the Editor Everything You Always Wanted to Know About Holdings and Dicta*, March 15, 2025
- From the Editor, Dec. 15, 2024
- New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense, June 15, 2024
- SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024
- Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, March 15, 2024
- New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, March 15, 2024
- First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, Jan. 15, 2024
- Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired, Dec. 15, 2023
- Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023
- Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, Nov. 1, 2023
More from these topics:
- From the Editor Everything You Always Wanted to Know About Holdings and Dicta*, March 15, 2025. Editorials, False Statements, Testimony or Documents, Confessions and Statements of Defendant.
- From the Editor, March 1, 2025. Editorials.
- From the Editor, Feb. 15, 2025. Editorials.
- From the Editor, Jan. 15, 2025. Editorials.
- From the Editor, Dec. 15, 2024. Editorials.
- From the Editor, Nov. 15, 2024. Editorials.
- From the Editor, Oct. 15, 2024. Editorials.
- Bruce Johnson 1950–2024, Sept. 15, 2024. Editorials, Criminal justice system reform, Attorneys.
- From the Editor, Sept. 15, 2024. Editorials.
- From the Editor, Aug. 15, 2024. Editorials.
