T
he Supreme Court of the United States held that when an offender convicted under § 924(c) had been sentenced prior to the enactment of the First Step Act but the sentence was subsequently vacated, a sentence “has not been imposed” for purposes of the retroactivity provision of § 403(b), and thus, ...
T
he Supreme Court of the United States held that U.S. District Courts may not consider 18 U.S.C. § 3553(a)(2)(A), retribution vis-à-vis defendant’s underlying criminal offense, when determining whether to revoke a term of supervised release because Congress’ decision to enumerate eight of the ten sentencing factors set forth in § 3553(a) ...
The “100-mile border zone” is not just a geographic area—it is a legal construct that provides federal authorities broader powers to enforce the nation’s immigration laws. If you are within 100 miles of the nation’s land borders or coastlines, you are in the 100-mile border zone, a region where ...
The Supreme Court of South Carolina held that the defendant was entitled to a self-defense jury instruction where he presented some evidence upon which a jury could reasonably conclude that he acted in self-defense and that it was error for the trial court to refuse to provide the requested jury ...
Resolving a split between the United States Courts of Appeals for the Sixth Circuit and Seventh Circuit, the Supreme Court of the United States held that 18 U.S.C. § 1014 criminalizes only “false” statements, not ones that are “misleading” but true, i.e., not false.
Background
Patrick Thompson obtained three loans totaling ...
*But Were Afraid to Ask
by Richard Resch
As Andrew v. White, 220 L. Ed. 2d 340 (2025) (per curiam), illustrates, even highly accomplished legal professionals at the pinnacle of the profession can find themselves grappling with the subtle art of correctly identifying the holding(s) in court opinions. Notice how ...
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 ...
by Richard Resch
The Court of Appeals of New York reversed Harvey Weinstein’s convictions for various sexual crimes because the trial court improperly admitted into evidence “irrelevant, prejudicial, and untested allegations of prior bad acts” and compounded its error by ruling Weinstein could be cross-examined about those prior bad acts.
Background
Weinstein was charged with numerous sex-related crimes against three alleged victims identified as Complainant A, Complainant B, and Complainant C. At the time of the alleged crimes, he was a prominent and powerful individual within the entertainment industry. The prosecution contended that he took advantage of his position to coerce aspiring actresses into unwanted sexual encounters. The prosecution further alleged that when his unwanted advances were rebuffed, he used force.
During pretrial proceedings, the trial court granted, over the defense’s objection, the prosecution’s application to admit testimony regarding uncharged crimes as an exception to the Molineux rule, which ordinarily prohibits this type of evidence. The testimony was intended to show Weinstein’s intent and that he knew the Complainants did not consent to the sexual encounters. As a result, Complainant B could testify about uncharged sexual assaults that Weinstein allegedly committed against her, and three other women (collectively, “Molineux ...
by Richard Resch
In a unanimous opinion, the Supreme Court of the United States held that a jury’s verdict of not guilty by reason of insanity is an “acquittal” for purposes of the Double Jeopardy Clause of the Fifth Amendment, despite the fact that the acquittal may be logically inconsistent ...
by Richard Resch
The U.S. Court of Appeals for the Fourth Circuit vacated the U.S. District Court for the District of Maryland’s order and remanded for discovery and an evidentiary hearing on Kenyon Paylor’s petition to vacate his guilty plea, which alleged his plea was induced by egregious police misconduct ...
