by Sagi Schwartzberg
The Supreme Court of Michigan held that the smell of marijuana, by itself, does not establish probable cause to search a motor vehicle. In doing so, the Court overturned People v. Kazmierczak, 605 N.W.2d 667 (Mich. 2000), which held that “the smell of marijuana alone …
by Sagi Schwartzberg
The Supreme Court of California held that a defendant was entitled to retroactive application of an amended ameliorative statute because a criminal case’s judgment is not final until the entire prosecution, including the sentencing phase, is complete.
Background
In October 2014, Oscar Lopez …
by Sagi Schwartzberg
In a case of first impression, the Supreme Court of Indiana held that the state’s self-defense statute justifies the use of force necessary for self-protection, even if the necessity only becomes apparent after the incident. Therefore, the self-defense statute does not require that an individual …
The Court of Appeal for California, Fifth Appellate District, held that petitioner Tramell Vernon Taylor was entitled to resentencing on his conviction for first-degree murder because the trial court misconstrued the elements of the applicable offense and could not find petitioner guilty under a valid theory of murder.
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The United States Court of Appeals for the Third Circuit held that the U.S. District Court for the District of New Jersey erred in applying a sentencing enhancement for constructive possession of an AK-style pistol (“Pistol”) found in a bag located in the trunk of defendant’s vehicle six months …
The United States Court of Appeals for the Fourth Circuit vacated a 132-month prison sentence because the U.S. District Court for the Western District of North Carolina committed procedural error during sentencing for violating 18 U.S.C. § 2252A(a)(2), (b)(l) (possessing material depicting the sexual exploitation of minors) by applying …
The California Court of Appeal, Fourth Appellate District, granted a petition for a writ of mandate after finding that Elijah Jackson, who is Black, established a prima facie claim that the San Diego Police Department (“SDPD”) violated the Racial Justice Act of 2020 (“RJA”) by producing data showing a …
The United States Court of Appeals for the First Circuit held that the U.S. District Court for the District of Puerto Rico improperly applied the four-level sentencing enhancement for “otherwise using” a dangerous weapon under U.S. Sentencing Guidelines (“Guidelines”) § 2B3.1(a) to the defendant’s sentence for carjacking because the …
by Sagi Schwartzberg
The Supreme Court of Arkansas, in two companion cases, held that there was no designation in Appellant’s sentencing order to § 16-93-609 of the Arkansas Code Annotated (“ACA”), and thus, he was entitled to have his parole eligibility recalculated under Act 683.
Background
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by Sagi Schwartzberg
The United States Court of Appeals for the Ninth Circuit ruled that Eugene Allen Doerr satisfied the criteria set forth in Rhines v. Weber, 544 U.S. 269 (2005), for granting a stay and abeyance of his federal habeas petition to allow exhaustion of his claims …
