by Anthony W. Accurso
The Supreme Court of Indiana upheld evidentiary suppression of a defendant’s polygraph results and inculpatory statements made after the test, where the examining officer failed to disclose (until the eve of trial) his determination that the defendant’s mental state made him unsuitable to sit for a ...
by Anthony W. Accurso
A recent report by Julia Love and Davey Allen, writing for Bloomberg, highlights how the default for what passes for police investigative work is simply requesting data from Google for even the pettiest crimes.
Criminal Legal News has reported on the vast amount of data that ...
by Anthony W. Accurso
The Supreme Court of Oregon upheld a Court of Appeals decision ordering a new trial for a defendant who was denied access to counsel when questioned by a jailhouse snitch who was acting as an agent of the State by attempting to elicit incriminating statements.
Lynn ...
by Anthony W. Accurso
The U.S. Court of Appeals for the Eleventh Circuit held that, when a defendant has absconded while on supervised release, the clock on their period of supervision continues to run, causing it to expire at the end of its stated term.
James Reginald Talley was convicted ...
by Anthony W. Accurso
The Supreme Judicial Court of Massachusetts ruled defendant’s (a Black man of the Muslim faith) showing that trial counsel harbored bigoted views towards Blacks and Muslims constituted an actual conflict of interest that entitled him to a new trial without the need for a further showing ...
by Anthony W. Accurso
New Mexico Governor Michelle Lujan Gresham signed SB64, the No Life Sentences for Juveniles Act, into law on March 17, 2023, ending life without parole (“LWOP”) sentencing for offenders under 18 years of age. New Mexico joined 24 other states and the District of Columbia in ...
by Anthony W. Accurso
The Electronic Frontier Foundation (“EFF”) released an interactive map to track the network of surveillance towers along the U.S. borders with Mexico and Canada, as well as several and some less obvious locations, and which explains the contractors and technology in use at each tower.
Customs ...
by Anthony W. Accurso
A new report from PrisonPolicy.org was released with the purpose of informing prison policymakers and the public about the true costs of the criminal justice system, which includes both prisons and various forms of community supervision – probation, parole, supervised release, and involuntary civil commitment. The ...
by Anthony W. Accurso
The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s sentence where the U.S. District Court for the District of Colorado improperly applied a Guidelines enhancement under U.S.S.G. § 2K2.1(b)(6)(B) based on a mistaken application of Colorado law.
Lougary Eddington was involved in a ...
by Anthony W. Accurso
The U.S. Court of Appeals for the Fourth Circuit held a district court erred in denying a defendant’s suppression motion regarding an unreasonable seizure and search, finding he was not required to prove he was unarmed.
Anthony Eugene Peters and Gary Garrison were walking in ...