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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 …
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 …
How to Build a Human; A Forensics Company Tells Cops It Can Use DNA to Predict a Suspect’s Face. Scientists Worry the Tool Will Deepen Racial Bias. by Jordan Smith Originally published on February 2, 2025. Republished with permission from The Intercept https://theintercept.com/2025/02/02/forensic-dna-phenotyping-parabon-nanolabs-police/, an award-winning nonprofit news organization dedicated to …
News in Brief by Arkansas: The downward spiral of former Hot Spring County Sheriff Derek “Scott” Finkbeiner, 47, continued with his fourth arrest on May 2, 2025, reported KATV out of Little Rock. The arrest stemmed from Finkbeiner’s attempt to contact a witness, co-­defendant Jordan Hammond, through the Signal app, …
‘Sexome’ Bacteria Offers New Path to Justice in Sexual Assault Cases Where DNA Is Not Present by Jo Ellen Nott Forensic science has traditionally relied on DNA evidence from sperm to identify suspects in sexual assault cases. However, when no sperm is present—such as when a perpetrator uses a condom—these …
Connecticut Supreme Court Announces Teague’s ‘Watershed’ Rule Exception to Nonretroactivity of New Constitutional Rule of Criminal Procedure on Collateral Review Has ‘Continued Vitality’ in Connecticut, Adoption of Third Exception to Teague’s Nonretroacti by Douglas Ankney by Douglas Ankney The Supreme Court of Connecticut held that the principles set forth in …
AI Identifies Sex From Skulls Faster and More Accurately Than Experts by James Mills by James Mills Artificial intelligence has exceeded human capabilities in yet another area. AI has surpassed human forensic experts in determining biological sex from skeletal remains. Forensic anthropologists traditionally analyze human skeletons to estimate age, lifestyle, …
A Black Box, a Guilty Plea, and an Uncertain Truth by Michael Thompson by Michael Dean Thompson In forensic technology, the term “black box” has gained prominence. It describes a system whose inner workings remain opaque—an output emerges, but how it is produced eludes the user. Such black-box algorithms underpin …
Article • March 15, 2025 • from CLN April, 2025
Nevada Supreme Court: Theft Offenses and Possessing or Receiving Stolen Property Offenses Are Mutually Exclusive and Double Jeopardy Protections Bar Conviction for Both Offenses When Based on Same Conduct by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada reaffirmed that theft offenses and possessing or receiving stolen property …
Article • March 15, 2025 • from CLN April, 2025
Faster Justice: Rapid DNA Set to Expand Law Enforcement Reach by Jo Ellen Nott by Jo Ellen Nott In a significant development for forensic science, the Federal Bureau of Investigation (“FBI”) approved updates to the Quality Assurance Standards (“QAS”) for Forensic Laboratories in January, paving the way for DNA profiles …
Article • March 15, 2025 • from CLN April, 2025
FBI Pressured Forensic Science Group to Censor Critical Workshops, Emails Reveal by Michael Thompson by Michael Dean Thompson When the American Academy of Forensic Sciences (“AAFS”) announced its lineup of workshops for a recent conference, Ted Hunt, a senior policy advisor to the FBI’s crime lab, demanded that references to …
California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions by Sam Rutherford by Sam Rutherford The California Court of Appeal, Sixth District, held that defendants are …
Article • February 15, 2025 • from CLN March, 2025
Study: DNA Transfer in Social Settings by Michael Thompson by Michael Dean Thompson With every breath you take, you shed DNA. It is in the skin cells that flake off your body by the millions, the hair that floats off as you walk, and the oil you leave behind on …
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