by David M. Reutter
The Supreme Court of Minnesota held that district courts must conduct a heightened inquiry, beyond the standard colloquy prescribed by Minnesota Rule of Criminal Procedure 15.01, into potential coercion before accepting a contingent guilty plea, in which a defendant pleads guilty in exchange for …
by David Kim
The United States Court of Appeals for the Second Circuit vacated the defendant’s sentence and remanded for full resentencing following his guilty plea to illegal receipt of a trafficked firearm, holding that the U.S. District Court for the District of Connecticut committed plain error by …
by David M. Reutter
The Supreme Court of Florida reversed a circuit court order that had denied a death-sentenced prisoner access to the underlying data generated during postconviction DNA testing. The Court held that the “results” a defendant is entitled to receive under § 925.11(2)(i), Florida Statutes, and …
by Richard Resch
On April 16, 2026, the United States Sentencing Commission (“Commission”) voted to promulgate seven amendments to the U.S. Sentencing Guidelines (“Guidelines”), all having a proposed effective date of November 1, 2026. These amendments span drug offenses, inflationary adjustments to monetary tables, a major overhaul of …
by David M. Reutter
In a unanimous opinion the Supreme Court of Pennsylvania held that a prosecutor commits misconduct, and reversible error occurs, when the prosecutor summons and questions a witness before a jury despite having clear reason to expect the witness will refuse to answer questions, regardless …
by Douglas Ankney
The United States Court of Appeals for the Fifth Circuit held as an issue of first impression that offenses prosecuted under the Assimilative Crimes Act (“ACA”), 18 U.S.C. § 13, are not subject to the enhanced supervised release terms established by 18 U.S.C. § 3583(k) …
by Douglas Ankney
The Court of Appeal of California, Sixth District, held that a police officer’s decision to impound a vehicle pursuant to the Vehicle Code solely to prevent the driver from continuing to drive on a suspended license does not satisfy the community caretaking function required under …
by David Kim
The United States Court of Appeals for the Ninth Circuit held that when the presence of a racially biased juror is discovered, or a juror is found to have made a racially biased statement, but the juror is excused before the trial court accepts a …
by Douglas Ankney
In a unanimous opinion, the United States Court of Appeals for the Sixth Circuit held that when a District Court predetermines a supervisee’s revocation term of imprisonment at an earlier violation hearing, by committing in advance to impose a specified sentence for any future violation, …
by Douglas Ankney
In a unanimous decision, the Supreme Judicial Court of Massachusetts held that a motor vehicle stop conducted 24 hours after an officer witnessed a civil traffic infraction violated art. 14 of the Massachusetts Declaration of Rights. Addressing a question of first impression, the Court adopted …
by David Kim
In a unanimous decision, the Supreme Court of California held that Penal Code § 1172.6, subdivision (a)(3), which requires resentencing petitioners to allege they “could not presently be convicted of murder or attempted murder because of changes to Section 188 or 189 made effective January …
by David Kim
The Supreme Court of South Carolina unanimously held that results of the penile plethysmography test (“PPG”) are inadmissible in judicial proceedings “unless and until the science underlying the PPG becomes more fully developed and uniform,” reasoning that the pervasive lack of standardization in administering and …
by Douglas Ankney
In an issue of first impression, the United States Court of Appeals for the Fourth Circuit held that Immigration and Customs Enforcement’s (“ICE”) execution of a removal warrant following a final order entered by the Executive Office for Immigration Review (“EOIR”) does not qualify as …
by Richard Resch
Resolving a circuit split, the Supreme Court of the United States held that when Congress declines to make a sentencing amendment retroactive, the resulting disparity between old and new sentences cannot serve as an “extraordinary and compelling” reason warranting a sentence reduction under 18 U.S.C. …
by Jo Ellen Nott
The Fourth Amendment’s protection against unreasonable searches and seizures is facing a systemic “end-run” by federal law enforcement.
In a March 18, 2026, testimony before the Senate Intelligence Committee, FBI Director Kash Patel confirmed that the Bureau has officially resumed the bulk purchase …
Loaded on
June 1, 2026
published in Criminal Legal News
July, 2026, page 49
Arizona: The family of 52-year-old Eric Baker is alleging lethal excessive force following his fatal encounter with Mesa police on April 4, 2026. According to KNXV in Phoenix, Mesa Police Department (MPD) officers stopped Baker for a bike light violation before attempting to execute an outstanding probation warrant. …
