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Fourth Circuit: Government Breached Plea Agreement by Successfully Arguing for Sentencing Enhancement Based on “Total Relevant Conduct” Not Stipulated to in Plea Agreement by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the Fourth Circuit held that the Government breached its plea agreement with Dehaven Darnell …
California Supreme Court Announces Judgment Not Considered Final Under Estrada for Retroactive Application of Amended Gang Enhancement Statute When Conviction Affirmed on Appeal but Sentencing Issues Remain Pending Following Remand by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of California held that a defendant was entitled to retroactive application …
Ninth Circuit Holds Untruthful Responses to Questions Government Is Not Permitted to Ask on Visa Application Is Still Fraud if Responses Could Have Influenced Decision to Grant Request for Visa by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the Ninth Circuit held that the untruthful …
Maine Supreme Judicial Court Vacates Conviction Based on Confrontation Clause Where Toxicologist Testified About Toxicology Tests Performed by Others, Which SCOTUS Rejected in Smith v. Arizona by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Maine vacated Rochelle Gleason’s conviction for aggravated trafficking of a scheduled drug that …
NYC Murder Convictions Vacated After Withheld Evidence Reveals “Factually Impossible” Coerced Confession by Jo Ellen Nott by Jo Ellen Nott A Manhattan judge vacated the convictions of Brian Boles and Charles Collins for a 1994 Harlem murder, the Innocence Project reported. Judge Ruth Pickholz ended the nearly three-decade ordeal, which …
DHS Has Been Quietly Collecting DNA From U.S. Citizens for Years, Funneling It Into FBI’s CODIS Without Oversight by Jo Ellen Nott by Jo Ellen Nott The Department of Homeland Security (“DHS”) is facing scrutiny over its unauthorized practice of harvesting DNA from nearly 2,000 U.S. citizens, including children, and …
How to Build a Human; A Forensics Company Tells Cops It Can Use DNA to Predict a Suspect’s Face. Scientists Worry the Tool Will Deepen Racial Bias. by Jordan Smith Originally published on February 2, 2025. Republished with permission from The Intercept https://theintercept.com/2025/02/02/forensic-dna-phenotyping-parabon-nanolabs-police/, an award-winning nonprofit news organization dedicated to …
Special Digital Currencies Issue: Bitcoin and CBDCs What Is Bitcoin? The Answer to Government Surveillance and Control Through Money An Essential Introduction, Glossary of Multidisciplinary Terminology, and Colorful History by Richard Resch “It is well enough that people of the nation do not understand our banking and monetary system, for …
From the Editor by Richard Resch Welcome to this month’s issue of Criminal Legal News (“CLN”). As you can see, it’s devoted to the revolutionary and controversial topic of digital currencies, spotlighting the two most important participants in the enduring clash between individual liberties and state control. In this issue, …
Central Bank Digital Currencies: Trojan Horses Delivering Mass Surveillance Under the Guise of Monetary Innovation by David Kim “He who controls the food supply controls the people; he who controls the energy can control whole continents; he who controls money can control the world.” – Widely Attributed to Henry Kissinger …
Probabilistic Genotyping on Trial: Can We Trust the Secret Algorithms Deciding Guilt? by Michael Thompson DNA evidence has long been hailed as the gold standard of forensic science—unassailable, precise, and definitive. But what happens when that gold standard is processed through proprietary algorithms that operate in secrecy, shielded from scrutiny …
News in Brief by Alabama: Walker County Sheriff Nick Smith faces six misdemeanor counts after a grand jury indicted him on May 30, 2025, for knowingly employing uncertified personnel. WBRC in Birmingham reported that Smith’s second-in-command, Chief Deputy Ralph Williams, was also indicted on one count of providing false or …
U.S. Sentencing Commission Adopts 2025 Amendments to Resolve Circuit Conflicts by David Kim On April 30, 2025, the United States Sentencing Commission submitted amendments to the federal sentencing guidelines to Congress, set to take effect on November 1, 2025, absent congressional action. These amendments address two significant circuit court conflicts …
Article • August 1, 2025 • from CLN August, 2025
Eleventh Circuit Announces Sixth Amendment Right to Proceed Pro Se at Sentencing if Defendant ‘Clearly and Unequivocally’ Expresses Desire to Do So After Faretta Inquiry by Jeffrey Cohen The United States Court of Appeals for the Eleventh Circuit held that the defendant had clearly and unequivocally asserted his Sixth Amendment …
Article • August 1, 2025 • from CLN August, 2025
Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification by Jeffrey Cohen The Supreme Court of Illinois held that a conviction for attempted first degree murder requires proof that the defendant acted with the intent to kill without lawful justification, rejecting the …
Article • August 1, 2025 • from CLN August, 2025
Summary of the 2025 Drug Offenses Amendment by the U.S. Sentencing Commission by David Kim On April 30, 2025, the United States Sentencing Commission (“USSC”), an independent agency within the judicial branch established under the Sentencing Reform Act of 1984, promulgated a multi-part amendment to the federal sentencing guidelines addressing …
First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court by David Reutter The United States Court of Appeals for the First Circuit vacated a defendant’s sentence due to the prosecutor’s breach of the parties’ plea agreement, and the Court ordered …
Article • August 1, 2025 • from CLN August, 2025
The Flawed Science of Cannabis Impairment Detection: The Need for Evidence-Based Reform by David Kim As state after state abandons the failed experiment of marijuana prohibition, a critical public safety challenge remains largely unaddressed: how do we accurately and fairly identify individuals whose cannabis use has rendered them dangerously impaired …
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 …
Article • August 1, 2025 • from CLN August, 2025
DEA’s Secret Phone Surveillance Program ‘Hemisphere’ Sparked Internal Warnings—Then a Cover-Up by Charles "Keith" Wampler When it was discovered that the Drug Enforcement Administration (“DEA”) had obtained access to billions of American phone records through a program they called “Hemisphere,” advocates for civil liberties were not convinced—in spite of assurances …
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