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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 Presumption Against Cumulative Punishment for Same Offense by David Kim by David Kim The Supreme Court of the United States held that …
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 …
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 …
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 …
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 …
Article • March 1, 2026 • from CLN April, 2026
Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct by David Reutter by David M. Reutter In an en banc decision, the Supreme Court of Washington held that …
A Critical Safeguard for the Accused: NIST’s New DNA Standard Challenges the Reliability of “Messy” Crime Scene Evidence by Jo Ellen Nott by Jo Ellen Nott In a move to strengthen the accountability and scientific rigor of forensic evidence, the National Institute of Standards and Technology (“NIST”) released Reference Material …
The Unintentional Informant: Household Pets as Vectors of Human DNA by Jo Ellen Nott by Jo Ellen Nott When forensic investigators arrive at a crime scene, they search for DNA on surfaces, clothing, and objects. Increasingly, research suggests they may also need to consider the household pet. Studies led by …
Georgia Supreme Court Clarifies Framework for Evaluating Extraordinary Motions for New Trial Based on Scientific Developments, Holding Trial Court Applied Incorrect Legal Standard in Denying “Shaken Baby Syndrome” Challenge by David Kim by David Kim The Supreme Court of Georgia clarified that the diligence requirement for extraordinary motions for new …
Maine Supreme Judicial Court Announces Trial Courts Must Rigorously Scrutinize Reliability of Expert Testimony in Unrecognized Forensic Fields, Holding Trial Court Erred in Admitting Forensic Podiatry Footprint-Comparison Testimony Without a Demonstrated by Douglas Ankney by Doug Ankney In a unanimous decision, the Supreme Judicial Court of Maine held that the …
Pennsylvania Supreme Court Announces Expert Testimony on Manner of Death Must Satisfy Same Reasonable-Degree-of-Certainty Standard Applicable to All Expert Opinions by David Kim by David Kim In a unanimous decision, the Supreme Court of Pennsylvania held that expert testimony regarding the manner of a decedent’s death must be stated to …
When Words Mislead: Replacing “Touch” and “Trace DNA” with “Transfer DNA” by Jo Ellen Nott by Jo Ellen Nott The forensic community is experiencing a critical shift in how biological evidence is described in the courtroom. For decades, terms like “Touch DNA,” “Trace DNA,” and “Wearer DNA” have been staples …
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 …
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 …
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 …
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 …
Zombie Forensics: Discredited Science Stalking the Courtroom by Chuck Sharman by Chuck Sharman In the American courtroom, the word “forensic” carries a veneer of infallibility. Jurors hear it and envision the sleek laboratories of television crime dramas with sterile rooms humming with sophisticated technology, where evidence is processed by advanced …
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 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 …
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 …
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