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Articles by Richard Resch

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 ...

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 ...

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 ...

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 ...

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. It’s ...

Report: Bitemark Analysis Debunked as Pseudoscience

by Richard Resch

Unreliable bitemark identification evidence used in criminal cases has led to 31 exonerations, forensicmag.com reports.

“The unsupported comparison of such bite marks left in human skin during rapes, murders and other violent attacks should be totally thrown out of forensic science,” says the magazine, citing ...

Kansas Supreme Court Rules Fourth Amendment Violation Where Purported Inventory Search Was Performed in Absence of Standard Policy

by Richard Resch

The Supreme Court of Kansas held the warrantless search of defendant’s purse and wallet following a traffic accident violated her Fourth Amendment rights because the search wasn’t performed in accordance with an established departmental policy governing inventory searches and thus that exception to the warrant requirement is ...

Tenth Circuit Rules Police Seizure of Home Where No Evidence of Criminal Activity Apparent Violates Fourth Amendment Requiring Suppression of Incriminating Evidence

by Richard Resch

The U.S. Court of Appeals for the Tenth Circuit ruled that police violated the Fourth Amendment by unreasonably seizing the home of a man whose wife died of an apparent overdose on prescription medication where police had no reason to suspect that the home contained evidence ...




 

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