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SCOTUS Announces Single Act Violating Both 18 U.S.C. §§ 924(c)(1)(A)(i) and 924(j) May Result in Only One Conviction, Ruling Congress Did Not Clearly Express Intent to Overcome Blockburger Presumpt...
Article • April 10, 2026 • from CLN March, 2026
Filed under: Double jeopardy, Gun Laws/Crimes, Sentences - Authorized, Multiple/Multiplicious Counts, Concurrent and Consecutive Sentences
SCOTUS Announces Single Act Violating Both 18 U.S.C. §§ 924(c)(1)(A)(i) and 924(j) May Result in Only One Conviction, Ruling Congress Did Not Clearly Express Intent to Overcome Blockburger Presumption Against Cumulative Punishment for Same Offense by David Kim by David Kim The Supreme Court of the United States held that …
News In Brief
Article • April 1, 2026 • from CLN May, 2026
News In Brief by Arkansas: A Sebastian County Circuit Court judge upheld the firing of former Fort Smith Police Department (FSPD) Off. Dalton Tucker on February 20, 2026, ending his bid for reinstatement. Tucker, now 26, was one of six officers dismissed in January 2025 after body-worn cameras (BWCs) captured …
Pennsylvania Supreme Court Announces Mandatory Life Without Parole for Felony Murder Unconstitutional Under State Constitution, Holding Article I, Section 13 Provides Broader Protections Than Eight...
Article • April 1, 2026 • from CLN May, 2026
Filed under: Life without Parole (LWOP), Constitution, state, Constitutional Challenges/Law, Resentencing, Cruel and Unusual Punishment
Pennsylvania Supreme Court Announces Mandatory Life Without Parole for Felony Murder Unconstitutional Under State Constitution, Holding Article I, Section 13 Provides Broader Protections Than Eighth Amendment by Richard Resch by Richard Resch The Supreme Court of Pennsylvania held that a mandatory sentence of life imprisonment without the possibility of parole …
New York Court of Appeals Holds Generic Physical Description Insufficient to Justify Pursuit in Mistaken Identity Case, and Suspect’s Flight Cannot Support Reasonable Suspicion Absent Evidence He Knew...
Article • April 1, 2026 • from CLN May, 2026
Filed under: Reasonable Suspicion, Fruit of the Poisonous Tree, Suppression, Warrants - Requirements/Scope/Exceptions, Terry Stops
New York Court of Appeals Holds Generic Physical Description Insufficient to Justify Pursuit in Mistaken Identity Case, and Suspect’s Flight Cannot Support Reasonable Suspicion Absent Evidence He Knew He Was Fleeing Law Enforcement by Douglas Ankney by Douglas Ankey T he New York Court of Appeals held that parole investigators …
Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b)
Article • April 1, 2026 • from CLN May, 2026
Filed under: Evidentiary Claims, Abuse of Discretion Standard, Expert and Opinion Testimony, Competency Hearing, Denial of Due Process
Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b) by David Reutter by David M. Reutter Sitting en banc, the Supreme Court of Colorado held that a defendant must be competent before undergoing a mental-condition examination under C.R.S. § 16-8-107(3)(b) and that a trial court …
California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable
Article • April 1, 2026 • from CLN May, 2026
Filed under: Appealable Issues/Orders, Abuse of Discretion Standard, De Novo Resentencing, Appellate Jurisdiction/Review, Plea Agreements/Guilty Pleas
California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable by David Reutter by David M. Reutter The California Court of Appeal, Second District, unanimously held that a superior court’s order denying a defendant’s petition for recall and resentencing under Penal …
Massachusetts Supreme Judicial Court: Amending Indictment to Change Subsections of Aggravated Child Rape Statute Constitutes an Impermissible Substantive Amendment
Article • April 1, 2026 • from CLN May, 2026
Filed under: Double jeopardy, Constitution, state, Criminal Sexual Abuse, Essential Elements of Crime, Amendment/Variance
Massachusetts Supreme Judicial Court: Amending Indictment to Change Subsections of Aggravated Child Rape Statute Constitutes an Impermissible Substantive Amendment by David Kim by David Kim The Supreme Judicial Court of Massachusetts unanimously held that amending an indictment to change the subsection of the aggravated child rape statute under which a …
Six Years of the First Step Act: Federal Prison Data Reveal Treatment Gains, Persistent Disparities, and Unanswered Questions
Article • April 1, 2026 • from CLN May, 2026
Filed under: Racial Discrimination, Systemic Medical Neglect, First Step Act, Drug Treatment/Rehab, Confinement in Segregated Housing
Six Years of the First Step Act: Federal Prison Data Reveal Treatment Gains, Persistent Disparities, and Unanswered Questions by Richard Resch by Richard Resch Six years after Congress passed the First Step Act with rare bipartisan enthusiasm, the federal government’s own data offer a mixed picture of progress. The Bureau …
Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Finding...
Article • April 1, 2026 • from CLN May, 2026
Filed under: Administrative Exhaustion, Fourteenth Amendment, rights, Revocation/Modification of Probation, etc., Revocation Proceedings, Authority and Jurisdiction
Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Findings Before Board Renders a Final Revocation Decision by Douglas Ankney by Douglas Ankney Consolidating two appeals that had produced conflicting results …
SCOTUS Unanimously Announces Heck Does Not Bar §1983 Suits Seeking Purely Prospective Relief, Resolving Circuit Split Over Whether a Prior Conviction Precludes a Forward-Looking Constitutional Cha...
Article • April 1, 2026 • from CLN May, 2026
Filed under: Injunctions, First Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Prohibitions Against Protests, Protected Speech
SCOTUS Unanimously Announces Heck Does Not Bar §1983 Suits Seeking Purely Prospective Relief, Resolving Circuit Split Over Whether a Prior Conviction Precludes a Forward-Looking Constitutional Challenge to the Statute of Conviction by Richard Resch by Richard Resch The Supreme Court of the United States unanimously held that a plaintiff previously …
Oregon Supreme Court Announces Article I, Section 9, of State Constitution Protects Privacy in Internet Browsing Conducted Over Public Wi-Fi Networks
Article • April 1, 2026 • from CLN May, 2026
Filed under: Searches - Cellphones/Computers/Internet, Warrantless Searches, Electronic Surveillance, State Constitutional Claims, Suppression
Oregon Supreme Court Announces Article I, Section 9, of State Constitution Protects Privacy in Internet Browsing Conducted Over Public Wi-Fi Networks by David Kim by David Kim In an en banc decision, the Supreme Court of Oregon held that Article I, section 9, of the Oregon Constitution protects an individual’s …
Indiana Supreme Court Clarifies “Single Statutory Offense” for Substantive Double Jeopardy Analysis, Holding Powell Test Governs Multiple Convictions Under Elevated Forms of Common Base Offense
Article • April 1, 2026 • from CLN May, 2026
Filed under: Double jeopardy, Kidnapping, Abduction or Unlawful Restraint, Statutory Construction/Interpretation, Statement of Reasons, Multiple/Multiplicious Counts
Indiana Supreme Court Clarifies “Single Statutory Offense” for Substantive Double Jeopardy Analysis, Holding Powell Test Governs Multiple Convictions Under Elevated Forms of Common Base Offense by David Kim by David Kim The Supreme Court of Indiana held that when a criminal statute defines a base offense with elevated forms at …
SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split
Article • April 1, 2026 • from CLN May, 2026
Filed under: Sentencing, Revocation/Modification of Probation, etc., Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release
SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split by David Kim by David Kim In an 8-1 decision authored by Justice Gorsuch, the Supreme Court of the United States held that the Sentencing Reform Act of 1984 does not …
Montana Supreme Court Holds Defendant’s Sentence Must Be Vacated Where District Court Premised Sentence on Defendant’s Exercise of Constitutional Rights to Jury Trial, Silence, and Against Self-Inc...
Article • April 1, 2026 • from CLN May, 2026
Filed under: Fifth Amendment, Sixth Amendment, Self-Incrimination Clause, Right to Testify/Remain Silent, Acceptance of Responsibility
Montana Supreme Court Holds Defendant’s Sentence Must Be Vacated Where District Court Premised Sentence on Defendant’s Exercise of Constitutional Rights to Jury Trial, Silence, and Against Self-Incrimination by Douglas Ankney by Douglas Ankney The Supreme Court of Montana unanimously held that a district court violates due process when it premises …
Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence
Article • April 1, 2026 • from CLN May, 2026
Filed under: Procedural Error, Failure to Object, Abuse of Discretion Standard, Jury Selection, Juror Challenges
Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence by David Reutter by David M. Reutter The Supreme Court of Georgia ­vacated the denial of a motion for new trial and remanded for …
New Study Exposes Reliability Gap in Traditional Time-of-Death Methods
Article • April 1, 2026 • from CLN May, 2026
Filed under: Forensic Sciences, Evidence - Integrity/Reliability of, Daubert Standards, Expert and Opinion Testimony, Scientific Testimony or Evidence
New Study Exposes Reliability Gap in Traditional Time-of-Death Methods by Jo Ellen Nott by Jo Ellen Nott For decades, forensic pathologists have relied on body temperature, rigor mortis, and potassium levels in the vitreous humor of the eye to estimate time of death. These methods have underpinned countless prosecutions, but …
Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing
Article • April 1, 2026 • from CLN May, 2026
Filed under: De Novo Resentencing, Statutory Construction/Interpretation, Appellate Jurisdiction/Review, Grounds For Withdrawal, Validity of
Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing by David Reutter by David M. Reutter In a unanimous decision resolving a certified conflict between the Second and Fourth District Courts of Appeal, the Supreme Court of Florida held that Florida Rule of Criminal …
Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical App...
Article • April 1, 2026 • from CLN May, 2026
Filed under: U.S. Sentencing Guidelines, Qualifying Offenses, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Child Pornography
Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical Approach by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the Tenth Circuit vacated a defendant’s 10-year mandatory minimum sentence, holding that …
Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period
Article • April 1, 2026 • from CLN May, 2026
Filed under: Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant
Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period by David Reutter by David M. Reutter The United States Court of Appeals for the Sixth Circuit held that when a state prisoner’s belated appeal fits within an established …
No Blood, No Proof: Study Challenges Post-Cleanup DNA Evidence
Article • April 1, 2026 • from CLN May, 2026
Filed under: Forensic Sciences, Evidence - Integrity/Reliability of, Daubert Standards, Expert and Opinion Testimony, Scientific Testimony or Evidence
No Blood, No Proof: Study Challenges Post-Cleanup DNA Evidence by Jo Ellen Nott by Jo Ellen Nott A Flinders University study published in the Australian Journal of Forensic Sciences provides defense attorneys with powerful tools to challenge forensic evidence in cases involving attempted crime scene “clean-ups.” The study reveals how …
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