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Criminal Legal News: December, 2025

Issue PDF
Volume 8, Number 12

In this issue:

  1. The Trial Penalty: How America Abandoned the Right to Trial (p 1)
  2. New Jersey Supreme Court: Parked Vehicle in Police Parking Lot Not Subject to Warrantless Search Under Automobile Exception Where None of the Exigencies Justifying Exception Under State Constitution Present (p 22)
  3. Generative Suspicion: What Defense Lawyers Must Know About AI-Generated Police Reports (p 24)
  4. Texas Court of Criminal Appeals Announces Defendants on Appeal Bonds for Fine-Only Class C Misdemeanors Are “Restrained” for Purposes of Seeking Habeas Relief (p 29)
  5. New Infrared Light Research on Blow Fly Larvae Reveals Clues to Time of (p 31)
  6. First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It (p 32)
  7. ICE Amasses Mass Surveillance Arsenal Targeting U.S. Citizens and Protesters (p 35)
  8. Wyoming Supreme Court Announces Improper Comment on Defendant’s Right to Silence Is Per Se Prejudicial and Requires Reversal of Conviction, Overruling Precedent Requiring Prejudice Analysis in Such Cases (p 36)
  9. Eighth Circuit Announces § 2255 One-­Year Limitations Period Begins to Run in Deferred-­Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount (p 38)
  10. Maine Supreme Judicial Court Announces Waiver of Privilege Against Compelled Self-­Incrimination Must Be “Clear and Unequivocal” Under Maine Constitution, Joining States That Provide Greater Protection Than Federal Standard (p 40)
  11. Third Circuit Announces “Commencement of the Instant Offense” in Guidelines § 4A1.2(e) Unambiguously Refers Only to Specific Offense of Conviction, Not Relevant Conduct (p 43)
  12. Kansas Supreme Court: Trial Court Erred by Admitting Evidence of Prior Crimes Without Proper Foundation Because State Failed to Prove Defendant Committed Those Crimes (p 46)
  13. NEWS IN BRIEF (p 49)

The Trial Penalty: How America Abandoned the Right to Trial

by Doug Ankney

“I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” —Thomas Jefferson (Personal letter to Thomas Paine, dated July 11, 1789)

The American criminal justice system is …

New Jersey Supreme Court: Parked Vehicle in Police Parking Lot Not Subject to Warrantless Search Under Automobile Exception Where None of the Exigencies Justifying Exception Under State Constitution Present

by Sagi Schwartzberg

The Supreme Court of New Jersey held that the automobile exception to the warrant requirement did not apply when police searched a vehicle parked in a police barracks parking lot after arresting the driver for DWI, removing the passenger, obtaining the keys, and subjecting the …

Generative Suspicion: What Defense Lawyers Must Know About AI-Generated Police Reports

by Richard Resch

Police departments nationwide are racing to adopt artificial intelligence that transcribes body-camera footage, translates witness statements, and drafts investigative narratives. But these tools introduce profound risks to factual accuracy and due process that defense attorneys must challenge at every stage of a case.

A …

Texas Court of Criminal Appeals Announces Defendants on Appeal Bonds for Fine-Only Class C Misdemeanors Are “Restrained” for Purposes of Seeking Habeas Relief

by Matthew Clarke

The Court of Criminal Appeals of Texas held that defendants charged with fine-only Class C misdemeanors who have posted appeal bonds to perfect their de novo appeals are “restrained” within the meaning of Texas’s habeas corpus statutes and therefore may seek pretrial habeas relief.

New Infrared Light Research on Blow Fly Larvae Reveals Clues to Time of

by Jo Ellen Nott

Texas A&M AgriLife Research has developed a new forensic tool that could revolutionize how investigators estimate time of death. Researchers have devised a technique using infrared light and machine learning to determine the sex of blow fly larvae found on human remains, a critical …

First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It

by Douglas Ankney

The United States Court of Appeals for the First Circuit affirmed the U.S. District Court for the District of Puerto Rico’s grant of 28 U.S.C. § 2254 habeas relief, holding that the Commonwealth intelligently waived any § 2244(d)(1)(C) timeliness defense by knowingly omitting it from …

ICE Amasses Mass Surveillance Arsenal Targeting U.S. Citizens and Protesters

by Jo Ellen Nott

Immigration and Customs Enforcement (“ICE”), backed by new legislation passed in July 2025 called the One Big Beautiful Bill Act, is engaging in a never-before-seen expansion of mass surveillance technology. This technology was originally intended to seek and find undocumented immigrants but now is …

Wyoming Supreme Court Announces Improper Comment on Defendant’s Right to Silence Is Per Se Prejudicial and Requires Reversal of Conviction, Overruling Precedent Requiring Prejudice Analysis in Such Cases

by Douglas Ankney

The Supreme Court of Wyoming reversed a defendant’s sexual abuse conviction, holding that the prosecutor’s opening statement that the defendant “declined” to speak with police was an improper comment on his constitutional right to silence. In doing so, the Court clarified that such a comment …

Eighth Circuit Announces § 2255 One-­Year Limitations Period Begins to Run in Deferred-­Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount

by Sagi Schwartzberg

The United States Court of Appeals for the Eighth Circuit held that a 28 U.S.C. § 2255 motion was timely, concluding that the one-­year statute of limitations does not begin to run from an initial judgment that defers restitution but from the subsequent amended judgment …

Maine Supreme Judicial Court Announces Waiver of Privilege Against Compelled Self-­Incrimination Must Be “Clear and Unequivocal” Under Maine Constitution, Joining States That Provide Greater Protection Than Federal Standard

by David Kim

The Supreme Judicial Court of Maine held that waiver of the privilege against compelled self-­incrimination under article I, section 6 of the Maine Constitution must be “clear and unequivocal,” and under this standard, the defendant did not waive his privilege because his responses during the …

Third Circuit Announces “Commencement of the Instant Offense” in Guidelines § 4A1.2(e) Unambiguously Refers Only to Specific Offense of Conviction, Not Relevant Conduct

by David Kim

The United States Court of Appeals for the Third Circuit held that the phrase “commencement of the instant offense” for calculating the 10-­year criminal history look-­back period under U.S. Sentencing Guidelines (“U.S.S.G.”) § 4A1.2(e)(2) unambiguously refers to the start of the specific offense of conviction, …

Kansas Supreme Court: Trial Court Erred by Admitting Evidence of Prior Crimes Without Proper Foundation Because State Failed to Prove Defendant Committed Those Crimes

by Sagi Schwartzberg

The Supreme Court of Kansas held that a trial court erred by admitting evidence of uncharged, suspected child abuse that occurred over the period of two months preceding a baby’s death under K.S.A. 2022 Supp. 60-­455 (governing prior acts evidence) because the State failed to …

NEWS IN BRIEF

Alabama: The U.S. District Court for the Northern District of Alabama sentenced former Centre Police Department (CPD) Off. Michael Kilgore, 41, to four years in federal prison on October 8, 2025, after he pleaded guilty to conspiracy to distribute methamphetamine in a wild evidence-­planting scheme to advance his …

 

 

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