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 …
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 …
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 …
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, …
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 …
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 § …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
Loaded on
Feb. 1, 2026
published in Criminal Legal News
March, 2026, page 50
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, …