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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 …
Police AI and “Sycophancy”: New Evidence Tools May Tell Cops Exactly What They Want to Hear by Michael Thompson by Michael Dean Thompson Every day new digital tools generate massive new piles of data for law enforcement to winnow for grains of truth. With each new tool comes a new …
SCOTUS Holds Sixth Amendment Requires Case-Specific Necessity Determination to Screen Child Witnesses, Rejecting Reliance on Mandatory State Statutes Based on Generalized Legislative Findings by Richard Resch by Richard Resch In a per curiam opinion, the Supreme Court of the United States reversed a divided Mississippi Supreme Court decision, holding that …
Mass Surveillance for Profit: Flock’s AI Reports “Suspicious” Movement to Police by Sagi Schwartzberg by Sagi Schwartzberg Flock, a private police surveillance company, has built an enormous nationwide database and license plate tracking system which collects records of Americans’ travel and makes this vast database available to law enforcement across …
Jury Returns Record $80 Million Verdict for Wrongful Conviction Based on DA Misconduct by Jo Ellen Nott by Jo Ellen Nott A federal jury in New York awarded the estate of Darryl Boyd a record-breaking $80 million on November 19, 2025, for the more than 27 years he spent incarcerated …
Minnesota Supreme Court Announces Warrantless Buccal Swab Pursuant to Discovery Order Violates Fourth Amendment, Overrules Inevitable Discovery Precedent, and Clarifies Accomplice-Corroboration Statute Applies Only to Sworn Testimony by David Kim by David Kim The Supreme Court of Minnesota held that a buccal swab collected from a criminal defendant pursuant to …
The Legal Fight for Homeowner Compensation After SWAT Raids by Jo Ellen Nott by Jo Ellen Nott Homeowners are often left financially devastated and without clear legal recourse after police raids cause extensive property damage, forcing them to bear costs that many say should be the public’s responsibility. The case …
Zombie Forensics: Discredited Science Stalking the Courtroom by Chuck Sharman by Chuck Sharman In the American courtroom, the word “forensic” carries a veneer of infallibility. Jurors hear it and envision the sleek laboratories of television crime dramas with sterile rooms humming with sophisticated technology, where evidence is processed by advanced …
When AI Invents the Pixels: Challenging AI-Enhanced Video Evidence in Criminal Cases by Richard Resch by Richard Resch When prosecutors offer “enhanced” surveillance footage or body-camera video, defense counsel must understand what enhancement actually means. Traditional forensic methods such as adjusting brightness, applying contrast filters, or using established interpolation algorithms …
Article • December 15, 2025 • from CLN January, 2026
NEWS IN BRIEF by Alabama: In a rare victory for ethics enforcement in the Cotton State, a Lauderdale County jury returned a guilty verdict on November 7, 2025, against a former state judge accused of public corruption. According to the Alabama Political Reporter, Gilbert Porterfield Self, Sr., former presiding judge …
Article • December 15, 2025 • from CLN January, 2026
Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents by David Kim by David Kim The United States Court of Appeals for the Ninth Circuit reversed the U.S. District Court for the District of …
California Supreme Court Announces Pre-2009 Provocative Act Murder Convictions Are Not Categorically Ineligible for Resentencing Under § 1172.6 by Sagi Schwartzberg by Sagi Schwartzberg In resolving a conflict among Courts of Appeal, the Supreme Court of California held that defendants convicted of provocative act murder before its 2009 decision in …
Ninth Circuit Affirms Exclusion of Plea Agreement’s Factual Basis, Holding Unaccepted “Type A” Plea Agreement Unenforceable to Trigger Waiver of Rule 410 Protections by Anthony Accurso by Anthony W. Accurso The United States Court of Appeals for the Ninth Circuit affirmed the exclusion of the factual basis from the defendant’s …
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 …
Article • November 15, 2025 • from CLN December, 2025
The Trial Penalty: How America Abandoned the Right to Trial by Douglas Ankney 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, …
Generative Suspicion: What Defense Lawyers Must Know About AI-Generated Police Reports by Richard Resch 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 …
Article • November 15, 2025 • from CLN December, 2025
NEWS IN BRIEF by 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 …
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 by David Kim The Supreme Judicial Court of Maine held that waiver of the privilege against compelled self-­incrimination under …
Article • November 15, 2025 • from CLN December, 2025
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 by Douglas Ankney The United States Court of Appeals for the First Circuit affirmed …
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 by Sagi Schwartzberg The Supreme Court of New Jersey held that the automobile exception to the warrant requirement …
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