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Articles by Richard Resch

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 ...

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 ...

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 ...

 

 

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