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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 …
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 …
Article • November 15, 2025 • from CLN December, 2025
Eighth Circuit Announces § 2255 One-­Year Limitations Period Begins to Run in Deferred-­Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount by Sagi Schwartzberg by Sagi Schwartzberg The United States Court of Appeals for the Eighth Circuit held that a 28 U.S.C. § 2255 motion was timely, concluding that the one-­year …
Kansas Supreme Court: Trial Court Erred by Admitting Evidence of Prior Crimes Without Proper Foundation Because State Failed to Prove Defendant Committed Those Crimes by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of Kansas held that a trial court erred by admitting evidence of uncharged, suspected child abuse that …
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 …
Wyoming Supreme Court Announces Improper Comment on Defendant’s Right to Silence Is Per Se Prejudicial and Requires Reversal of Conviction, Overruling Precedent Requiring Prejudice Analysis in Such Cases by Douglas Ankney by Douglas Ankney The Supreme Court of Wyoming reversed a defendant’s sexual abuse conviction, holding that the prosecutor’s opening …
ICE Amasses Mass Surveillance Arsenal Targeting U.S. Citizens and Protesters by Jo Ellen Nott by Jo Ellen Nott Immigration and Customs Enforcement (“ICE”), backed by new legislation passed in July 2025 called the One Big Beautiful Bill Act, is engaging in a never-before-seen expansion of mass surveillance technology. This technology …
New Infrared Light Research on Blow Fly Larvae Reveals Clues to Time of by Jo Ellen Nott by Jo Ellen Nott Texas A&M AgriLife Research has developed a new forensic tool that could revolutionize how investigators estimate time of death. Researchers have devised a technique using infrared light and machine …
Brief • November 2, 2025
Wilson v. Dixon, FL, Second Declaration of Stefano Schiavon, Conditions of Confinement, 2025 Case 1:24-cv-24253-KMW Document 82-2 Entered on FLSD Docket 11/02/2025 Page 1 of 92 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 1:24-cv-24253 DWAYNE WILSON, TYRONE HARRIS, and GARY WHEELER, individually and on behalf …
Brief • October 30, 2025
Filed under: Criminal Sexual Abuse
J.M. V. USA, CA, Complaint, Sexual Assault and Battery, 2025 Case 1:25-at-01011 Document 1 Filed 10/30/25 Page 1 of 50 1 2 CO ELLY - - LAWOFF I Es.- - 3 4 5 Colin G. Prince John B. McEntire, IV 2301 North 30th Street Tacoma, Washington 98403 253.593.5100 Attorneys for …
Brief • October 21, 2025
Moore v. LaSalle Corrections, Inc., LA, Jury Verdict-Punitive Damages, Wrongful Death, 2025 Case 3:16-cv-01007-TAD-KDM Document 670 36634 Filed 10/21/25 Page 1 of 1 PageID #: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION ERIE MOORE JR ET AL CASE NO. 3:16-CV-01007 VERSUS JUDGE TERRY A. DOUGHTY LASALLE CORRECTIONS …
Brief • October 20, 2025
Moore v. LaSalle Corrections, Inc., LA, Jury Verdict, Wrongful Death, 2025 Case 3:16-cv-01007-TAD-KDM Document 664 36616 Filed 10/20/25 Page 1 of 12 PageID #: RECEIVED USDC, WESTERN DISTRICT OF LA DANIEL J. McCOY, CLERK UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION ERIE MOORE JR ET AL CASE …
Article • October 15, 2025 • from CLN November, 2025
The Malleable Mind in the Courtroom: Why Confident Eyewitnesses Often Provide the Least Reliable Evidence by David Reutter by David M. Reutter “Remembrance of things past is not necessarily the remembrance of things as they were.” – Marcel Proust When jurors weigh evidence in a criminal trial, few types of …
Protecting Your Digital Privacy by Anthony Accurso by Anthony W. Accurso In an era of expanding government surveillance, protecting your digital privacy is more critical than ever. This article offers practical steps to safeguard your data from government and corporate surveillance. As digital threats evolve in 2025, with increasing use …
Third Circuit: Where Prosecutor “Flooded” Jury Trial With Evidence of Defendant’s Prior Bad Acts, Counsel Was Constitutionally Ineffective in Not Seeking Contemporaneous Limiting Instructions and Not Objecting When Evidence Went Beyond Limited Purpose – by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the Third Circuit …
How Tyranny Becomes Entrenched: 9/11 and the Police State’s Endless Power Grabs by John & Nisha Whitehead by John & Nisha Whitehead This column was originally published on September 9, 2025, on Rutherford.org. It has been reprinted with permission.   “The greatest tyrannies are always perpetuated in the name of …
Idaho Supreme Court Announces Warrantless Search of Civilly Committed Individual Violates Fourth Amendment by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Idaho held that the warrantless search of a patient who was in civil protective custody violated the Fourth Amendment because …
Massachusetts Supreme Judicial Court Announces Police Cannot Execute Anticipatory Warrant Absent Triggering Event Regardless of Whether Factual Allegations in Warrant Affidavit Independently Give Rise to Probable Cause to Search, Thereby Providing Greater by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts held that “art. 14 of the …
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