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Articles by Richard Resch

From the Editor

For virtually every person who’s seen the horrifying video of George Floyd’s final moments, his killing feels qualitatively different than the countless other police killings of unarmed individuals that plague America. True, there have been many others that were captured on video, and many involved a White police officer taking the life of a Black person. But for the most part, those killings occurred in an instant, or if we suspend our disbelief and push the outer bounds of credulity to the breaking point, arguably, the victims were actively resisting or otherwise posed a potential threat at the time of the killing. That simply can’t be said about the death of George Floyd.

He died as a result of being handcuffed and pinned to the ground on his stomach with two police officers applying pressure to his torso and legs and a third officer with his knee planted on the back of his neck for an inexplicable eight minutes and 46 seconds. The officer can be seen on video periodically digging his knee into Floyd’s neck with even greater force as he struggles for air and literally pleads for his life in vain. Heartbreakingly, there comes a ...

From the Editor

by Richard Resch

As regular readers of Criminal Legal News (“CLN”) will notice, we’ve increased the page count from 48 to 56 pages beginning with this issue.  There’s no change in subscription prices, only the number of pages per issue.  This is a permanent change that ...

In Landmark Opinion, Colorado Supreme Court Announces Courts May Not Sentence Defendant to Both Prison and Probation in Multi-Count Cases

by Richard Resch

The Supreme Court of Colorado unanimously held that sentencing courts may not impose imprisonment for certain offenses and probation for others when sentencing for multiple offenses in the same case.

Frederick Leroy Allman was convicted of numerous charges, including seven counts of identity theft and two counts ...

From the Editor: Compassionate Release for Extraordinary and Compelling Reasons

by Richard Resch

As our regular readers know, there has been a relative flurry of activity recently involving the Compassionate Release Statute, 18 U.S.C. § 3582(c)(1)(A), the First Step Act of 2018, S. 3747, 115th Cong., and the so-called Holloway doctrine, United States v. Holloway, 68 F.Supp.3d 310 (E.D.N.Y. ...

SCOTUS Announces Death of ‘Categorical Approach’ by Invalidating 18 U.S.C. § 924(c)(3)(B) as Unconstitutionally Vague

by Richard Resch

In announcing the end of 18 U.S.C. § 924(c)’s residual clause in defining certain “crimes of violence” while using or possessing a firearm for purposes of sentence enhancement, the Supreme Court of the United States (“SCOTUS”) begins its opinion by explaining: “In our constitutional order, a ...

New Jersey Supreme Court: Detention of Motel Room Occupants After Reason for Police Visit Resolved Is Unlawful Seizure, Evidence Subject to Exclusionary Rule

by Richard Resch

The Supreme Court of New Jersey ruled that police detention of motel room occupants for warrant checks after a noise complaint had been resolved constituted an unlawful seizure, and all evidence obtained as a result of the unconstitutional search and seizure must be suppressed.

Neptune police officers ...

SCOTUS Clarifies Scope of Generic Burglary Under the ACCA

by Richard Resch

The Supreme Court of the United States held that state burglary statutes that criminalize the burglary of “vehicles designed or adapted for overnight use” are within the scope of the generic burglary definition under the Armed Career Criminal Act (“ACCA”). 

Victor Stitt and Jason Sims were ...

Ninth Circuit Announces Expert Testimony on Battered Woman Syndrome Not Categorically Excludable, Relevant to Duress Defense

by Richard Resch

The U.S. Court of Appeals for the Ninth Circuit vacated Lashay Lopez’s three convictions on federal charges, ruling that the trial court committed prejudicial error in excluding expert testimony on Battered Woman Syndrome (“BWS”) in support of her duress defense.  

Lopez and Hector Karaca dated when ...

Ninth Circuit Announces SCOTUS’ Rodriguez Opinion Requires Overturning ‘Reasonableness Standard’ Precedent in Traffic Stop Prolongation Cases

by Richard Resch

The U.S. Court of Appeals for the Ninth Circuit held that police unlawfully prolonged a traffic stop in violation of the Fourth Amendment by repeatedly demanding that a passenger identify himself, absent reasonable suspicion that he committed a criminal offense, and he refused to do so.

In ...

From the Editor

by Richard Resch

Welcome to Criminal Legal News (“CLN”). We’ve been publishing CLN now for a little over a year, and the response has been tremendous. The number of people who’ve subscribed and provided positive feedback have exceeded our most optimistic projections when we first launched CLN. ...

 

 

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