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Criminal Legal News: March, 2026

Issue PDF
Volume 9, Number 3

In this issue:

  1. SCOTUS Announces Single Act Violating Both 18 U.S.C. §§ 924(c)(1)(A)(i) and 924(j) May Result in Only One Conviction, Ruling Congress Did Not Clearly Express Intent to Overcome Blockburger Presumption Against Cumulative Punishment for Same Offense (p 18)
  2. Washington Supreme Court Announces Race and Ethnicity Are Relevant Factors Courts May Consider When Applying the Totality of the Circumstances Test for Determining Whether Suspect Is “In Custody” for Miranda Purposes (p 20)
  3. SCOTUS Clarifies Emergency-Aid Home Entries Require Only an “Objectively Reasonable Basis for Believing” an Occupant Faces Serious Danger, Rejecting a Probable-Cause Standard and Montana’s Terry-Like Caretaker Test (p 22)
  4. Massachusetts Supreme Judicial Court Announces Resende’s “Sequential Prosecution Rule” for Armed Career Criminal Sentencing Enhancement Is Binding Precedent, Not Dictum (p 24)
  5. Georgia Supreme Court Clarifies Framework for Evaluating Extraordinary Motions for New Trial Based on Scientific Developments, Holding Trial Court Applied Incorrect Legal Standard in Denying “Shaken Baby Syndrome” Challenge (p 26)
  6. SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims (p 28)
  7. California Supreme Court Announces Excessive Fines Clauses Are the Proper Method to Challenge Punitive Fines, Holds Equal Protection Requires Courts to Consider Defendant’s Inability to Pay Before Imposing Certain Ancillary Assessments Upon Request (p 31)
  8. Washington Supreme Court Holds Courts Must Meaningfully Consider Youth When Assessing Miranda Waiver and Clarifies That Res Gestae Exception Requires Temporal Proximity to Charged Crime (p 33)
  9. Maine Supreme Judicial Court Announces Trial Courts Must Rigorously Scrutinize Reliability of Expert Testimony in Unrecognized Forensic Fields, Holding Trial Court Erred in Admitting Forensic Podiatry Footprint-Comparison Testimony Without a Demonstrated (p 36)
  10. Flock’s Gunshot Sensors Are Expanding to “Distress” Sounds (p 38)
  11. How AI Integration Used by Law Enforcement Fails the Public (p 39)
  12. California Court of Appeal Holds Perkins Operation Violated Miranda Where Known Law Enforcement Officer’s “Stimulation” Tactics Amounted to Custodial Interrogation After Suspect Invoked Right to Counsel (p 40)
  13. Illinois Supreme Court Announces Six-Element Jeffries Test Governs Self-Defense Jury Instructions in Cases Involving Force Against Police Officers, Rejecting Appellate Court Approaches That Either Created Separate Threshold Inquiry or Automatically Requir (p 42)
  14. Pennsylvania Supreme Court Announces Expert Testimony on Manner of Death Must Satisfy Same Reasonable-Degree-of-Certainty Standard Applicable to All Expert Opinions (p 44)
  15. Supreme Court of Maryland Announces Police Officer’s Observation of Driver Manipulating Cellphone Screen Does Not, Without Additional Facts, Establish Reasonable Suspicion for Traffic Stop Under Fourth Amendment (p 46)
  16. SCOTUS Announces MVRA Restitution Constitutes Criminal Punishment Subject to Ex Post Facto Clause Protections (p 48)
  17. When Words Mislead: Replacing “Touch” and “Trace DNA” with “Transfer DNA” (p 48)
  18. News In Brief (p 50)

SCOTUS Announces Single Act Violating Both 18 U.S.C. §§ 924(c)(1)(A)(i) and 924(j) May Result in Only One Conviction, Ruling Congress Did Not Clearly Express Intent to Overcome Blockburger Presumption Against Cumulative Punishment for Same Offense

by David Kim

The Supreme Court of the United States held that Congress did not clearly authorize convictions under both 18 U.S.C. § 924(c)(1)(A)(i), the base offense for using, carrying, or possessing a firearm during a federal crime of violence or drug trafficking offense, and § 924(j), which …

Washington Supreme Court Announces Race and Ethnicity Are Relevant Factors Courts May Consider When Applying the Totality of the Circumstances Test for Determining Whether Suspect Is “In Custody” for Miranda Purposes

by David Kim

Sitting en banc, the Supreme Court of Washington unanimously held that courts are not precluded from considering race and ethnicity when determining whether a suspect is in custody for purposes of Miranda v. Arizona, 384 U.S. 436 (1966). The Court reasoned that such factors constitute …

SCOTUS Clarifies Emergency-Aid Home Entries Require Only an “Objectively Reasonable Basis for Believing” an Occupant Faces Serious Danger, Rejecting a Probable-Cause Standard and Montana’s Terry-Like Caretaker Test

by Richard Resch

Resolving a Circuit split, the Supreme Court of the United States unanimously held that police officers may enter a home without a warrant to render emergency aid when they possess “an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened …

Massachusetts Supreme Judicial Court Announces Resende’s “Sequential Prosecution Rule” for Armed Career Criminal Sentencing Enhancement Is Binding Precedent, Not Dictum

by Richard Resch

The Supreme Judicial Court of Massachusetts held that the sequential prosecution rule articulated in Commonwealth v. Resende, 52 N.E.3d 1016 (Mass. 2016), constitutes binding precedent rather than obiter dictum. The Court reasoned that the Resende Court’s interpretation of “arising from separate incidences” as requiring separate, …

Georgia Supreme Court Clarifies Framework for Evaluating Extraordinary Motions for New Trial Based on Scientific Developments, Holding Trial Court Applied Incorrect Legal Standard in Denying “Shaken Baby Syndrome” Challenge

by David Kim

The Supreme Court of Georgia clarified that the diligence requirement for extraordinary motions for new trial operates differently when such motions rest on scientific developments rather than physical evidence or eyewitness testimony. Because the materiality of scientific advancements often becomes apparent only after new theories …

SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims

by Richard Resch

The Supreme Court of the United States held that 28 U.S.C. § 2244(b)(3)(E), which prohibits certiorari review of authorization decisions regarding second or successive filings, does not bar the Court’s review of a federal prisoner’s request to file a second or successive motion under § …

California Supreme Court Announces Excessive Fines Clauses Are the Proper Method to Challenge Punitive Fines, Holds Equal Protection Requires Courts to Consider Defendant’s Inability to Pay Before Imposing Certain Ancillary Assessments Upon Request

by David Kim

The Supreme Court of California granted review to resolve a split among the Courts of Appeal concerning court-ordered financial obligations imposed at criminal sentencing. The Court held that a challenge to the amount of a punitive criminal fine should be reviewed in the first instance …

Washington Supreme Court Holds Courts Must Meaningfully Consider Youth When Assessing Miranda Waiver and Clarifies That Res Gestae Exception Requires Temporal Proximity to Charged Crime

by Sagi Schwartzberg

Sitting en banc, the Supreme Court of Washington vacated a second-degree murder conviction and held that the trial court committed multiple reversible errors in a case involving a 16-year-old defendant. The Court ruled that the defendant did not validly waive her constitutional rights before a …

Maine Supreme Judicial Court Announces Trial Courts Must Rigorously Scrutinize Reliability of Expert Testimony in Unrecognized Forensic Fields, Holding Trial Court Erred in Admitting Forensic Podiatry Footprint-Comparison Testimony Without a Demonstrated

by Doug Ankney

In a unanimous decision, the Supreme Judicial Court of Maine held that the trial court erred in admitting expert testimony comparing partial, sock-clad bloody footprints found at the crime scene to sample prints taken from the defendant. The Court determined that the State’s expert did …

Flock’s Gunshot Sensors Are Expanding to “Distress” Sounds

by Sagi Schwartzberg

Flock Safety is a police technology company most notable for its extensive network of automated license plate readers throughout the United States. Recently, Flock released a new tool, Raven, an acoustic gunshot detection network of microphones. While it is unclear exactly how this specific technology …

How AI Integration Used by Law Enforcement Fails the Public

by Jo Ellen Nott

A recent incident in Utah highlights a growing and problematic trend in law enforcement: the adoption of artificial intelligence to automate essential administrative duties.

In Heber City, the police department recently faced scrutiny after its report-writing software, Axon’s “Draft One,” produced a narrative …

California Court of Appeal Holds Perkins Operation Violated Miranda Where Known Law Enforcement Officer’s “Stimulation” Tactics Amounted to Custodial Interrogation After Suspect Invoked Right to Counsel

by David Kim

The Court of Appeal of California, Fourth Appellate District, unanimously reversed a second-degree murder conviction, holding that when a suspect invokes the right to counsel during a Perkins operation (an undercover tactic in which law enforcement operatives pose as fellow detainees to elicit information from …

Illinois Supreme Court Announces Six-Element Jeffries Test Governs Self-Defense Jury Instructions in Cases Involving Force Against Police Officers, Rejecting Appellate Court Approaches That Either Created Separate Threshold Inquiry or Automatically Requir

by Doug Ankney

In a unanimous opinion, with a special concurrence by Chief Justice Neville, the Supreme Court of Illinois held that when a defendant seeks a self-defense jury instruction after using force against a police officer, the trial court must apply the established six-element test from People …

Pennsylvania Supreme Court Announces Expert Testimony on Manner of Death Must Satisfy Same Reasonable-Degree-of-Certainty Standard Applicable to All Expert Opinions

by David Kim

In a unanimous decision, the Supreme Court of Pennsylvania held that expert testimony regarding the manner of a decedent’s death must be stated to a reasonable degree of certainty in order to be admissible – the identical standard governing all other expert opinion testimony. The …

Supreme Court of Maryland Announces Police Officer’s Observation of Driver Manipulating Cellphone Screen Does Not, Without Additional Facts, Establish Reasonable Suspicion for Traffic Stop Under Fourth Amendment

by Doug Ankney

The Supreme Court of Maryland held that police officers lacked reasonable suspicion to conduct a traffic stop based solely on their observation of a driver manipulating, touching, or pressing the screen of a mobile phone while operating a vehicle. The Court explained that because Maryland’s …

SCOTUS Announces MVRA Restitution Constitutes Criminal Punishment Subject to Ex Post Facto Clause Protections

by David Kim

The Supreme Court of the United States unanimously held that restitution imposed under the Mandatory Victims Restitution Act of 1996 (“MVRA”) constitutes criminal punishment for purposes of the Ex Post Facto Clause. The Court reversed the Eighth Circuit’s contrary conclusion, reasoning that the statutory text …

When Words Mislead: Replacing “Touch” and “Trace DNA” with “Transfer DNA”

by Jo Ellen Nott

The forensic community is experiencing a critical shift in how biological evidence is described in the courtroom. For decades, terms like “Touch DNA,” “Trace DNA,” and “Wearer DNA” have been staples of expert testimony. However, a growing body of legal rulings and scientific research …

News In Brief

Arkansas: The Saline Courier reported a swift fall from grace for Bryant Police Department (BPD) Sgt. Brett Carpenter, after he was observed off-duty driving his pickup the wrong way on a service road off I-30 on January 13, 2026. Saline County Sheriff’s Office (SCSO) deputies stopped him, …

 

 

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