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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 …
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...
Article • November 15, 2025 • from CLN December, 2025
Filed under: Constitution, state, Improper Comments, Self-Incrimination Clause, Plain/Harmless Error, Right to Testify/Remain Silent
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
Article • November 15, 2025 • from CLN December, 2025
Filed under: Protests, First Amendment, rights, Police State-Surveillance, Enforcement of Immigration Laws, Electronic Surveillance
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
Article • November 15, 2025 • from CLN December, 2025
Filed under: Forensic Sciences, Evidence - Integrity/Reliability of, Scientific Testimony or Evidence
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 …
The Malleable Mind in the Courtroom: Why Confident Eyewitnesses Often Provide the Least Reliable Evidence
Article • October 15, 2025 • from CLN November, 2025
Filed under: Eyewitness Testimony, Fabrication of Evidence, Jury Views
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
Article • October 15, 2025 • from CLN November, 2025
Filed under: Police State-Surveillance, Searches - Cellphones/Computers/Internet, Cell-Phone Location/Tracking Data, Electronic Surveillance, Digital Devices
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 ...
Article • October 15, 2025 • from CLN November, 2025
Filed under: Jury Instructions, Strickland Standard, Failure to Preserve Challenge, Motive/Opportunity/Intent/Identity Evidence, Bad Acts Evidence
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
Article • October 15, 2025 • from CLN November, 2025
Filed under: Government Misconduct, War on Terror, Censorship, Police State-Surveillance, Electronic Surveillance
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
Article • October 15, 2025 • from CLN November, 2025
Filed under: Civil Commitment, Exclusionary Rule, Pat Down Searches, Scope of Permissible Searches, Suspicionless Searches
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...
Article • October 15, 2025 • from CLN November, 2025
Filed under: Search warrants, Fourth Amendment, rights, Probable Cause, Execution, State Constitutional Claims
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 …
Michigan Supreme Court Announces Smell of Marijuana Alone Is No Longer Sufficient to Establish Probable Cause to Search Vehicle
Article • October 15, 2025 • from CLN November, 2025
Filed under: Probable Cause, Automobile Exception, Plain View Doctrine, Marijuana Laws/Issues, Terry Stops
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
Article • October 15, 2025 • from CLN November, 2025
Filed under: Fourth Amendment, rights, Police State-Surveillance, Warrantless Searches, Curtilege, Electronic Surveillance
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
Article • October 15, 2025 • from CLN November, 2025
Filed under: Limitations, Habeas Corpus, Summary Disposition, Tolling of Statutes of Limitations and Laches, Denial of Due Process
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”
Article • October 15, 2025 • from CLN November, 2025
Filed under: Sixth Amendment, Three Strikes Statutes/Rule, Prior Conviction/Sentence/Incarceration, Blakely/Booker, Miscalculation of the Guidelines Sentencing Range
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 …
NEWS IN BRIEF
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 Eviden...
Article • October 15, 2025 • from CLN November, 2025
Filed under: Particularity Requirement, Searches - Cellphones/Computers/Internet, Cell-Phones, Warrants - General Search, Failure to Preserve Challenge
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
Article • October 15, 2025 • from CLN November, 2025
Filed under: Mental Health, Failure to Address/Advise Defendant, Aggravated Felony, Asylum, Knowingly and Voluntarily Made
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
Article • October 15, 2025 • from CLN November, 2025
Filed under: Breach of Plea/Coop./Immunity Agreements, In Connection With Another Felony Offense, Plea Bargaining, Acquitted Conduct/Uncharged Crimes/Dismissed Counts, Relevant Conduct
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 ...
Article • October 15, 2025 • from CLN November, 2025
Filed under: Retroactivity, Essential Elements of Crime, Sentence Enhancements/Departures, Authority and Jurisdiction, Remands/Rehearings/Resentencings
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
Article • October 15, 2025 • from CLN November, 2025
Filed under: False Statements/Perjury, Essential Elements of Crime, Fraud and Deceit, Immigration Law/Offenses, Authority and Jurisdiction
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 …
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