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Articles by Richard Resch

First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Offense Insufficient

by Richard Resch

The U.S. Court of Appeals for the First Circuit held that the U.S. District Court for the District of Maine erred by instructing the jury that it could convict Willie Richard Minor of knowingly violating 18 U.S.C. § 922(g)(9) without finding that he knew that his prior ...

New Jersey Supreme Court: Defendant Did Not Voluntarily Waive Privilege Against Self-Incrimination Because Police Persistently Contradicted and Undermined Significance of Miranda During Interrogation

by Richard Resch

The Supreme Court of New Jersey held that because detectives repeatedly contradicted and undermined the importance of the defendant’s Miranda rights prior to and during interrogation, the State failed to prove that the defendant voluntarily waived his Miranda rights and thus suppressed his statement.

A Bergen County ...

Eighth Circuit: Government Breached Plea Agreement by Relying on Pre-Plea Conduct to Dispute Acceptance of Responsibility Despite Acknowledging Defendant Qualified for Credit in Agreement

by Richard Resch

The U.S. Court of Appeals for the Eighth Circuit held the Government breached its plea agreement with the defendant by advocating against an agreed-upon reduction for acceptance of responsibility under U.S.S.G. § 3E1.1.

Tommy Collins pleaded guilty on February 7, 2020, to sex trafficking of children. For ...

Texas Court of Criminal Appeals Announces Coty’s ‘Inference-of-Falsity’ Framework Extended to Apply to Police Officers With Established History of Falsifying Evidence in Drug Cases

by Richard Resch

The Court of Criminal Appeals of Texas announced that the inference-of-falsity framework set forth in Ex parte Coty,418 S.W.3d 597 (Tex. Crim. App. 2014), applicable to state-actor lab technicians and forensic scientists, also applies to cases involving police officers with a proven history of falsifying evidence ...

SCOTUS Announces § 1983 Malicious Prosecution Claim’s ‘Favorable Determination’ Requirement Satisfied by Showing Prosecution Ended Without a Conviction

by Richard Resch

The Supreme Court of the United States held that the “favorable determination” requirement for a Fourth Amendment claim under 42 U.S.C. § 1983 for malicious prosecution does not require the plaintiff to show that the prosecution ended with some“affirmative indication of innocence.” A showing that the prosecution ...

California Court of Appeal: Fifth Amendment Violation Where Police Use Two-Step Interrogation in Deliberate Strategy to Circumvent Miranda

The Court of Appeal of California, Sixth Appellate District, held the trial court erred by admitting incriminating post-Miranda statements obtained through the use of pre-Miranda statements in a deliberate strategy to circumvent Miranda through the use of a two-step interrogation in violation of the Fifth and Fourteenth Amendments.  ...

SCOTUS Rejects Government’s Interpretation of the ACCA’s ‘Occasions Clause’ That Would Make It Possible to Become ‘a Career Criminal in the Space of a Minute’

by Richard Resch

In a 9-0 opinion delivered by Justice Kagan, the Supreme Court of the United States held that defendant’s 10 burglary convictions for burglarizing 10 separate storage units all located within the same building constituted a single “occasion,” not 10, for purposes of the Armed Career Criminal Act ...

SCOTUS Rejects ‘Opening the Door’ Rule to Correct ‘Misleading Impression’ as Exception to Confrontation Clause Allowing Admission of Unconfronted Testimonial Hearsay

by Richard Resch

In an 8-1 opinion written by Justice Sotomayor, the Supreme Court of the United States held that a trial court’s admission of unconfronted testimonial hearsay evidence because the trial court believed it was reasonably necessary to correct a misleading impression caused by the defendant’s presentation of his ...

Friendly Reminder: Yes, You Can Say (and Even Yell) ‘Fuck You’ to the Police

by Richard Resch

Periodically, it seems the public (and especially those cops with an authoritarian bent) need a friendly reminder of this. The Eighth Circuit recently obliged.

The U.S. Court of Appeals for the Eighth Circuit affirmed a $15,001 award for damages and attorney’s fees in a lawsuit alleging an ...

Pennsylvania Supreme Court Frees Bill Cosby

Introduction

The criticism and outrage at the Pennsylvania Supreme Court’s June 30, 2021, decision to vacate Bill Cosby’s convictions, order his immediate release, and bar any retrial are largely ill-informed or just plain misguided. Those decrying the fact that Cosby got released on a so-called “technicality” apparently ...

 

 

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