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Digital Parallel Construction: Detecting and Challenging Hidden AI by Richard Resch by Richard Resch In the companion to this Column, “When AI Invents the Pixels,” published in the January 2026 issue of CLN, we explored the dangers of prosecutors introducing AI-­enhanced video as substantive evidence at trial. We discussed how …
Utah Supreme Court Announces Framework for Analyzing Combined Brady and Napue Violations, Affirms Postconviction Relief in Capital Murder Case by Douglas Ankney by Douglas Ankney In a case involving an issue of first impression in Utah, the Supreme Court of Utah adopted a two-step analytical framework for evaluating prejudice when …
Pennsylvania Supreme Court (Opinion Announcing the Judgment of the Court): No Reasonable Expectation of Privacy in Unprotected Google Searches by David Kim by David Kim In an issue of first impression, the Opinion Announcing the Judgment of the Court (“OAJC”) concluded that a person who conducts general, unprotected internet searches …
California Supreme Court Announces Single Criminal Act Harming Multiple Victims Constitutes Only One Strike Under Three Strikes Law by David Kim by David Kim The Supreme Court of California unanimously held that the rule established in People v. Vargas, 328 P.3d 1020 (Cal. 2014), requiring a trial court to dismiss …
First Circuit Announces Modification of Juvenile’s Life-­Without-­Parole Sentence to Parole-­Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-­in-­Time Habeas Petition From Gatekeeping Requirements by Richard Resch by Richard Resch In a case of first impression, the United States Court of Appeals for the First Circuit held that when a …
California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition by David Kim by David Kim The California Court of Appeal, Second Appellate District, ruled that trial courts possess inherent authority to correct unauthorized sentences whenever the issue is presented, regardless …
Eighth Circuit Announces Presidential Commutation Does Not Moot Challenge to Underlying Sentence by Richard Resch by Richard Resch In a case presenting an issue of first impression in the Circuit, the United States Court of Appeals for the Eighth Circuit held that a presidential commutation of a defendant’s sentence does …
Article • January 1, 2026 • from CLN February, 2026
Federal Funds Now Available for Police Drone Purchases by Jo Ellen Nott by Jo Ellen Nott A bipartisan provision tucked into the recently signed National Defense Authorization Act of 2025 has opened new federal funding streams for law enforcement agencies seeking to expand their drone programs, a development hailed by …
Tiny Plants, Big Consequences: Moss Evidence in Courtrooms by David Kim by David Kim When a 4-­month-­old girl known to the public only as “Baby Kate” vanished from a small Michigan town in 2011, detectives eventually found themselves staring not at a crime-­scene photograph or a cell-­tower map, but at …
Article • January 1, 2026 • from CLN February, 2026
NEWS IN BRIEF by Alabama: WABM in Birmingham reported that former Eleventh Judicial Circuit Presiding Judge Gilbert P. Self, 64, was sentenced to 51-­1/2 years in state prison on December 17, 2025, following his conviction the previous month on public corruption charges. As CLN reported, a jury found him guilty …
Iowa Supreme Court Announces Framework for Admissibility of Expert Testimony on Eyewitness Identification, Holding Generalized Testimony on Psychological Factors Ordinarily Should Be Admitted by David Kim by David Kim The Supreme Court of Iowa held that generalized expert testimony concerning psychological factors affecting eyewitness identification accuracy and witness confidence should …
Article • January 1, 2026 • from CLN February, 2026
Massachusetts Supreme Judicial Court Announces Adoption of Transferred Intent Self-­Defense by Matthew Clarke by Matt Clarke In a case of first impression, the Supreme Judicial Court of Massachusetts held that a defendant’s lawful exercise of self-­defense against an assailant may excuse the killing of an unintended victim, such as an …
Delaware Supreme Court Announces Trial Courts Must First Resolve Defense Counsel’s Motion to Withdraw Before Addressing Defendant’s Plea-­Withdrawal Request, Holding Failure to Do So Violates Sixth Amendment Right to Counsel by David Kim by David Kim The Supreme Court of Delaware held that when defense counsel moves to withdraw after …
Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of Maryland held that when a defendant’s …
Massachusetts Supreme Judicial Court Announces Duration of GPS Monitoring Must Be Considered in Individualized Reasonableness Determination and Resulting Monitoring Period May Be Shorter Than Probationary Term by David Kim by David Kim The Supreme Judicial Court of Massachusetts held that the reasonableness of global positioning system (“GPS”) monitoring as a …
Aphantasia: Why Truthful Witnesses Can Sound Like Liars by Richard Resch by Richard Resch "Close your eyes. Picture it. Now tell me exactly what you saw.” Across America, police treat this as a credibility test. Every day, truthful people fail it. That is the detective in the interview room. In …
New Jersey Supreme Court Announces “Shaking Without Impact” Expert Testimony Inadmissible, Holding Shaken Baby Syndrome Diagnosis Lacks Required General Acceptance Within Biomechanical Engineering Community Under Frye by David Kim by David Kim he Supreme Court of New Jersey affirmed the exclusion of expert testimony regarding Shaken Baby Syndrome/Abusive Head Trauma …
First Circuit Clarifies Mitigating Role Analysis – Sentencing Courts Must Consider All Identifiable Participants in Drug Shipment, Not Just Crew Members, and Use § 3B1.2 Factors to Assess Relative Culpability, Not Guilt by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the First Circuit vacated Dionel …
Article • December 15, 2025 • from CLN January, 2026
Ninth Circuit Announces Abandonment Doctrine Applies to Cellphones but Courts Must Analyze Intent to Abandon Device Separately From Intent to Abandon Data by David Kim by David Kim The United States Court of Appeals for the Ninth Circuit held that while the abandonment doctrine applies to cellphones, courts must analyze …
Maryland Supreme Court Announces Public Defender Act Requires Effective Assistance of Counsel in Certiorari Petition Where Public Defender Appointed Panel Attorney for Direct Appeal and Certiorari Petition by Sagi Schwartzberg by Sagi Schwartzberg In an issue of first impression, the Supreme Court of Maryland held that under the plain language …
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