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Michigan Supreme Court Announces Smell of Marijuana Alone Is No Longer Sufficient to Establish Probable Cause to Search Vehicle by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of Michigan held that the smell of marijuana, by itself, does not establish probable cause to search a motor vehicle. In doing …
Drones and License Plate Readers: Police Creating Warrantless Aerial Surveillance Networks by Jo Ellen Nott by Jo Ellen Nott Police adoption of drone-as-first-responder (“DFR”) programs is increasing and now integrating with automated license plate reader (“ALPR”) technology to create a potent new form of surveillance, the Electronic Frontier Foundation (“EFF”) …
Ninth Circuit Reaffirms Longstanding Precedent That District Court Cannot Sua Sponte Dismiss Untimely Habeas Corpus Petition Without Giving Petitioner Prior Notice and Opportunity to Respond by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the Ninth Circuit reaffirmed its longstanding precedent that a District Court cannot …
Sixth Circuit: Erlinger Error Requires Resentencing Where Government Cannot Prove Beyond Reasonable Doubt That Jury Would Find Prior Offenses Committed on Different “Occasions” by Anthony Accurso by Anthony W. Accurso The United States Court of Appeals for the Sixth Circuit held that the U.S. District Court for the Western District …
Article • October 15, 2025 • from CLN November, 2025
NEWS IN BRIEF by California: Former Stanislaus County Sheriff’s Deputy Matthew Joseph Dessert, 42, was sentenced to nine years in prison on August 8, 2025, for sexually abusing his teenage daughter. According to The Modesto Bee, County Superior Court Judge Jeff Mangar said that the lawman violated his office’s trust …
Michigan Supreme Court Announces Guidance on Standards for Search Warrants of Cellphones to Satisfy Particularity Requirement of Fourth Amendment That “Reasonably Direct” Search to Uncovering Evidence of Criminal Activity Identified in Warrant by Anthony Accurso by Anthony W. Accurso The Supreme Court of Michigan held that a search warrant was …
California Court of Appeal Reverses Superior Court’s Denial of Motion to Vacate Conviction Where Defendant Established His Failure to Understand the Immigration Consequences of Plea by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, reversed a superior court’s denial of Misael Padron’s motion to …
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 …
Albert v. GLOBAL TELLINK CORP, MD, Memorandum Opinion, Telephone Rates, 2025 Case 8:20-cv-01936-LKG Document 487 Filed 10/15/25 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ASHLEY ALBERT, et al., Plaintiffs, v. GLOBAL TEL*LINK CORP., et al., Defendants. ) ) ) ) ) ) …
Brief • September 30, 2025
Estate of Christian Black v. Montgomery County, OH, Settlement, Wrongful Death-Medical Negligence, 2025 - 0 2 -14 -3 ...02, RE OLl ION A HORIZlNG PAYME T BY \\'ARRA IN THE AMOU OF 7t000t000 ( EVEN MILLIO DOLL RS) UPON BEHALF O THE ESTATE OF CHRISTIAN BLACK ACCORDING TO THE, TERl\·IS …
Brief • September 29, 2025
Estate of Shelly Monahan v. Clark County, WA, Ex 3 Plf's Response Court Suppl Order Motion Seal, Wrong Death-Denial of Medical Care, 2025 Case 3:24-cv-05392-TMC Document 82 Filed 09/22/25 Page 1 of 11 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 …
Brief • September 22, 2025
Estate of Shelly Monahan v. Clark County, WA, Supplemental Order on Motion to Seal, Wrongul Death-Denial Medical Care, 2025 Case 3:24-cv-05392-TMC Document 82 Filed 09/22/25 Page 1 of 11 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 DALYNNE SINGLETON et …
Estate of Tony Garcia v. Franke, CA, Settlement, Wrongful Death-Denial of Medical Care, 2025 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims (“Agreement”) is made and entered into by and between Plaintiffs Patricia Garcia and Anthony Garcia, individually and as successorsin-interest to Tony …
Brief • September 17, 2025
Mercado v. Noem, NY, Opinion, Immigration-Inhumane Conditions, 2025 Case 1:25-cv-06568-LAK Document 96 Filed 09/17/25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------x SERGIO ALBERTO BARCO MERCADO, etc., Page 1 of 84 USDSSDNY DOCUMENT ELECTRONICALLY FILED DOC#: _ _ _ _ __ DATE FILED: 9/17/25 Plaintiff, -against- 25-cv-6568 (LAK) …
Brief • September 17, 2025
Mercado v. Noem, NY, Preliminary Injunction, Immigration-Inhumane Conditions, 2025 Case 1:25-cv-06568-LAK Document 97 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------x SERGIO ALBERTO BARCO MERCADO, etc., Filed 09/17/25 Page 1 of 6 USDCSDNY DOCUMENT ELECTRONICALLY FILED DOC#: DATE FILED: ~ _ ''\ -~ / I 7I ?I Plaintiff, …
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