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Articles by Richard Resch

Fifth Circuit Announces Altered Serial Number Enhancement Does Not Apply Where Gun Never Had Serial Number

by Richard Resch

The U.S. Court of Appeals for the Fifth Circuit joined four of its sister Circuits in holding that U.S. Sentencing Guideline § 2K2.1(b)(4)(B) does not apply in cases where the firearm in question never had a serial number.

A Houston Police Department officer conducted a traffic stop ...

First Circuit Vacates Sentence Containing 20-Year Upward Variance Because District Court Failed to Provide Case-Specific Factors or Rationale for Such a Large Variance

by Richard Resch

The U.S. Court of Appeals for the First Circuit vacated Jadnel Flores-Nater’s 30-year prison sentence containing a 20-year upward variance because the District Court failed to provide the required case-specific rationale to justify an upward variance of that magnitude.

On June 8, 2018, Flores-Nater together with four ...

Idaho Supreme Court: Drug-Detection Dog Conducted Warrantless Search by Placing Paws on Exterior of Vehicle to Sniff for Drugs

by Richard Resch

In a case of first impression, the Supreme Court of Idaho held that police conducted a warrantless search of a vehicle when a drug-detection dog trespassed against personal property by placing his paws on the exterior of the vehicle and performed a free-air sniff in order to ...

Vermont Supreme Court Announces ‘Pinging’ Cellphone to Obtain Real-Time CSLI Constitutes a Search Requiring a Warrant or Recognized Exception

by Richard Resch

The Supreme Court of Vermont held that individuals have a reasonable expectation of privacy under the state Constitution in their real-time cell site location information (“CSLI”), and obtaining this information by police requires a warrant, unless a recognized exception to the warrant requirement applies.

On December 28, ...

Police Violence Ignored When It Fails to Support the Media’s Ideological Bias

by Benjamin Tschirhart and Richard Resch

The tragic shootings of Black people by white police officers are a catalyst for national outrage. They are regular grist for the media mill across the country and rightly receive the attention of the public when they occur, as they do all too frequently. ...

Tenth Circuit Deepens Circuit Split on Whether District Courts May Consider ‘Retribution’ in Deciding Whether to Revoke Supervised Release, Ruling It Is an Impermissible Factor to Consider

by Richard Resch

The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the Eastern District of Oklahoma erred by sentencing the defendant to the statutory maximum for violating the terms of his supervised release because the court based its decision, at least in ...

California Supreme Court Announces Government’s Continuing Brady Obligations and Ethical Duty of Disclosure During Habeas Proceedings Regarding Alleged Exculpatory Evidence Available at Time of Trial but Suppressed

by Richard Resch

In a case of first impression, the Supreme Court of California announced the constitutional, ethical, and habeas procedural principles that govern postconviction proceedings in which a habeas petitioner claims that exculpatory evidence was available at the time of trial but suppressed by the government with the suppression ...

SCOTUS: Arizona Supreme Court’s Interpretation of State Procedural Rule so ‘Novel and Unforeseeable’ It’s Not ‘Adequate’ to Preclude SCOTUS Review of Federal Death-Penalty Claim

by Richard Resch

In a 5-4 decision written by Justice Sotomayor, the Supreme Court of the United States held that the Arizona Supreme Court’s holding that Lynch v. Arizona, 578 U.S. 613 (2016), was not a “significant change in the law” is one of those rare cases in which ...

New Jersey Supreme Court Announces Adoption of Daubert-Type Standard for Criminal and Quasi-Criminal Cases in Assessing Admissibility of Expert Evidence Under Rule 702

by Richard Resch

The Supreme Court of New Jersey unanimously adopted a Daubert-type standard for determining the admissibility of expert evidence under New Jersey Rules of Evidence 702 (“Rule 702”) in all future criminal and quasi-criminal cases. Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). The ...

The Twitter Files

The Twitter Files

Internal Communications Reveal Collusion With Outside Parties, Including Government Officials and Political Operatives, to Censor and Deplatform People Based on Their Views – the Most Prominent Being Donald Trump

Despite Being a Story of Historic Importance, Mainstream Media Are Colluding to Censor It Through a Conspiracy of ...



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