Skip navigation
Criminal Legal News

Search

More search options »
42 results
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 Presumpt...
Article • April 10, 2026 • from CLN March, 2026
Filed under: Double jeopardy, Gun Laws/Crimes, Sentences - Authorized, Multiple/Multiplicious Counts, Concurrent and Consecutive Sentences
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 by David Kim The Supreme Court of the United States held that …
Indiana Supreme Court Clarifies “Single Statutory Offense” for Substantive Double Jeopardy Analysis, Holding Powell Test Governs Multiple Convictions Under Elevated Forms of Common Base Offense
Article • April 1, 2026 • from CLN May, 2026
Filed under: Double jeopardy, Kidnapping, Abduction or Unlawful Restraint, Statutory Construction/Interpretation, Statement of Reasons, Multiple/Multiplicious Counts
Indiana Supreme Court Clarifies “Single Statutory Offense” for Substantive Double Jeopardy Analysis, Holding Powell Test Governs Multiple Convictions Under Elevated Forms of Common Base Offense by David Kim by David Kim The Supreme Court of Indiana held that when a criminal statute defines a base offense with elevated forms at …
SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split
Article • April 1, 2026 • from CLN May, 2026
Filed under: Sentencing, Revocation/Modification of Probation, etc., Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release
SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split by David Kim by David Kim In an 8-1 decision authored by Justice Gorsuch, the Supreme Court of the United States held that the Sentencing Reform Act of 1984 does not …
Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing
Article • April 1, 2026 • from CLN May, 2026
Filed under: De Novo Resentencing, Statutory Construction/Interpretation, Appellate Jurisdiction/Review, Grounds For Withdrawal, Validity of
Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing by David Reutter by David M. Reutter In a unanimous decision resolving a certified conflict between the Second and Fourth District Courts of Appeal, the Supreme Court of Florida held that Florida Rule of Criminal …
Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical App...
Article • April 1, 2026 • from CLN May, 2026
Filed under: U.S. Sentencing Guidelines, Qualifying Offenses, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Child Pornography
Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical Approach by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the Tenth Circuit vacated a defendant’s 10-year mandatory minimum sentence, holding that …
Eleventh Circuit Announces Hobbs Act Robbery Requires Force Before or During Taking, Reversing Conviction Where Defendant Used Force Only After Co-Conspirator Had Surreptitiously Stolen Property an...
Article • March 1, 2026 • from CLN April, 2026
Filed under: New Trial/Judgment of Acquittal, Theft, Statutory Construction/Interpretation, Predicate Acts/Offenses, Hobbs Act
Eleventh Circuit Announces Hobbs Act Robbery Requires Force Before or During Taking, Reversing Conviction Where Defendant Used Force Only After Co-Conspirator Had Surreptitiously Stolen Property and Departed by David Kim by David Kim The United States Court of Appeals for the Eleventh Circuit held that a taking of property does …
Massachusetts Supreme Judicial Court Announces Resende’s “Sequential Prosecution Rule” for Armed Career Criminal Sentencing Enhancement Is Binding Precedent, Not Dictum
Article • February 1, 2026 • from CLN March, 2026
Filed under: Prior Conviction/Sentence/Incarceration, Qualifying Offenses, Mandatory Minimum Sentence, Gun Laws/Crimes, Predicate Acts/Offenses
Massachusetts Supreme Judicial Court Announces Resende’s “Sequential Prosecution Rule” for Armed Career Criminal Sentencing Enhancement Is Binding Precedent, Not Dictum by Richard Resch 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 …
SCOTUS Announces MVRA Restitution Constitutes Criminal Punishment Subject to Ex Post Facto Clause Protections
Article • February 1, 2026 • from CLN March, 2026
Filed under: Ex Post Facto, Restitution, Constitution, U.S., Statutory Construction/Interpretation
SCOTUS Announces MVRA Restitution Constitutes Criminal Punishment Subject to Ex Post Facto Clause Protections by David Kim 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 …
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
Article • February 1, 2026 • from CLN March, 2026
Filed under: Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction
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 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 …
Maryland Supreme Court Announces Public Defender Act Requires Effective Assistance of Counsel in Certiorari Petition Where Public Defender Appointed Panel Attorney for Direct Appeal and Certiorari P...
Article • December 15, 2025 • from CLN January, 2026
Filed under: Public Defenders, Indigent Defense, Ineffective Assistance of Counsel, Statutory Construction/Interpretation, Strickland Standard
Maryland Supreme Court Announces Public Defender Act Requires Effective Assistance of Counsel in Certiorari Petition Where Public Defender Appointed Panel Attorney for Direct Appeal and Certiorari Petition by Sagi Schwartzberg by Sagi Schwartzberg In an issue of first impression, the Supreme Court of Maryland held that under the plain language …
Pennsylvania Supreme Court Announces Presentence Confinement on Probation Detainer Must Be Credited to New Sentence Where Same Conduct Triggered Both Detainer and New Charges
Article • December 15, 2025 • from CLN January, 2026
Filed under: Pending Appeal/Sentencing, Statutory Construction/Interpretation, Revocation Proceedings, Credits
Pennsylvania Supreme Court Announces Presentence Confinement on Probation Detainer Must Be Credited to New Sentence Where Same Conduct Triggered Both Detainer and New Charges by Matthew Clarke by Matthew Clarke Addressing an issue of first impression, the Supreme Court of Pennsylvania held that a defendant held on a probation detainer …
Seventh Circuit Announces One-Year Time Limit in Rule 35(b) Is Nonjurisdictional Claim-Processing Rule, Overruling Prior Precedent in Light of Supreme Court’s Hamer Decision
Article • December 15, 2025 • from CLN January, 2026
Filed under: Substantial Assistance to Authorities, Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Authority and Jurisdiction, Acceptance of Responsibility
Seventh Circuit Announces One-Year Time Limit in Rule 35(b) Is Nonjurisdictional Claim-Processing Rule, Overruling Prior Precedent in Light of Supreme Court’s Hamer Decision by David Kim by David Kim The United States Court of Appeals for the Seventh Circuit held that the one-year time limit for filing a sentence-reduction motion …
Texas Court of Criminal Appeals Announces Defendants on Appeal Bonds for Fine-Only Class C Misdemeanors Are “Restrained” for Purposes of Seeking Habeas Relief
Article • November 15, 2025 • from CLN December, 2025
Filed under: Habeas Corpus, Collateral Consequences, Pending Appeal/Sentencing, Statutory Construction/Interpretation, Authority and Jurisdiction
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 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 …
Third Circuit Announces “Commencement of the Instant Offense” in Guidelines § 4A1.2(e) Unambiguously Refers Only to Specific Offense of Conviction, Not Relevant Conduct
Article • November 15, 2025 • from CLN December, 2025
Filed under: U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Prior Conviction/Sentence/Incarceration, Adequacy of Criminal History Category, Statutory Construction/Interpretation
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 by David Kim The United States Court of Appeals for the Third Circuit held that the phrase “commencement of the instant offense” for calculating …
Tenth Circuit Announces Motor Vehicles Are Not Per Se Instrumentalities of Interstate Commerce Under Commerce Clause for Purposes of the Federal Kidnapping Statute
Article • August 1, 2025 • from CLN August, 2025
Filed under: Commerce Clause, Kidnapping, Abduction or Unlawful Restraint, Interstate Commerce
Tenth Circuit Announces Motor Vehicles Are Not Per Se Instrumentalities of Interstate Commerce Under Commerce Clause for Purposes of the Federal Kidnapping Statute by David Kim The United States Court of Appeals for the Tenth Circuit held that motor vehicles are not per se instrumentalities of interstate commerce for purposes …
SCOTUS Announces Courts May Not Consider 
§ 3553(a)(2)(A)—Retribution—When Deciding Whether 
to Revoke a Term of Supervised Release
Article • August 1, 2025 • from CLN August, 2025
Filed under: Supervised Release - Imposition of New Term, Statutory Construction/Interpretation, Probation, Parole & Supervised Release
SCOTUS Announces Courts May Not Consider § 3553(a)(2)(A)—Retribution—When Deciding Whether to Revoke a Term of Supervised Release by Richard Resch The Supreme Court of the United States held that U.S. District Courts may not consider 18 U.S.C. § 3553(a)(2)(A), retribution vis-à-vis defendant’s underlying criminal offense, when determining whether to revoke a …
Fourth Circuit Announces Counterman v. Colorado 
Is New Rule of Constitutional Law That Applies 
Retroactively to Cases on Collateral Review and 
Grants Authorization to File Successive § 2255 Motion
Article • July 1, 2025 • from CLN July, 2025
Filed under: Rehabilitation/Recidivism, Habeas Corpus, Threats
Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion by Douglas Ankney The United States Court of Appeals for the Fourth Circuit granted Scott Lewis Rendelman’s motion for authorization to …
Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic...
Article • February 15, 2025 • from CLN March, 2025
Filed under: COVID-19, Confrontation Clause/Rights, Practitioner Exception
Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural by David Reutter by David M. Reutter The Court of Criminal …
Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction
Article • February 15, 2025 • from CLN March, 2025
Filed under: Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment
Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction by Sam Rutherford by Sam Rutherford The Supreme Judicial Court of Massachusetts vacated a threat-based conviction because the jury instructions provided setting forth the elements …
Ninth Circuit Announces California Assault With Deadly Weapon Conviction Not ‘Crime of Violence’ for Career Offender Enhancement Under Sentencing Guidelines
Article • February 1, 2025 • from CLN February, 2025
Filed under: Career Offenders, Gun Laws/Crimes, Sentence Enhancements/Departures
Ninth Circuit Announces California Assault With Deadly Weapon Conviction Not ‘Crime of Violence’ for Career Offender Enhancement Under Sentencing Guidelines by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s prior California conviction for assault with a deadly weapon under Cal. …
Page 1 of 3. | 1 2 3 | Next »