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Sixth Circuit Announces Invoking Fifth Amendment While Testifying at Trial Does Not Contradict Prior Proffer Statement Nor Does Questioning the Sufficiency of the Prosecution’s Evidence by David Kim The United States Court of Appeals for the Sixth Circuit ruled that invoking the Fifth Amendment while testifying at trial does not …
Article • July 1, 2025 • from CLN July, 2025
Not-­So-­Friendly Neighborhood Spidernet: Emerging Mass Surveillance Tool to Weave a Web Around Your Digital Life by Michael Thompson P olice have long sought tools to monitor and predict criminal activity with precision, and a new system called Spidernet brings that vision closer to reality. Developed by researchers at the University …
Understanding Your Constitutional Rights in the ‘100-Mile Border Zone’: A Primer for Non-Citizens in the United States When Confronted by Law Enforcement by Richard Resch The “100-­mile border zone” is not just a geographic area—it is a legal construct that provides federal authorities broader powers to enforce the nation’s immigration …
Mississippi Supreme Court Vacates Convictions, Holding Multiple Errors by State Resulted in ‘Legal Chaos’ That Deprived Defendant of Right to Fair Trial Under ‘Cumulative-Error Doctrine’ by Jeffrey Cohen Sitting en banc, the Supreme Court of Mississippi reversed both the trial court and Court of Appeals’ decisions that the State’s multiple …
Ninth Circuit Announces Attorney Cannot Be Compelled to Provide ‘Privilege Log’ Protected Under Fisher if Doing So Would Undermine Client’s Fifth Amendment ‘Act-of-Production Privilege’ and Attorney-Client Privilege by Sagi Schwartzberg by Sagi Schwartzberg The U.S. Court of Appeals for the Ninth Circuit held that an attorney cannot be compelled to …
D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the D.C. Circuit held that a defendant being compelled to provide a thumbprint constitutes a testimonial act …
Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Utah held that production of a …
Article • September 15, 2022 • from CLN October, 2022
Filed under: Fifth Amendment, Miranda
SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment by Harold Hempstead by Harold Hempstead The Supreme Court of the United States (“SCOTUS”) held that a violation of the warnings provided for in Miranda v. Arizona, 384 U.S. 436 (1966), …
Article • May 1, 2022 • from CLN May, 2022
California Court of Appeal: Fifth Amendment Violation Where Police Use Two-Step Interrogation in Deliberate Strategy to Circumvent Miranda by Richard Resch The Court of Appeal of California, Sixth Appellate District, held the trial court erred by admitting incriminating post-Miranda statements obtained through the use of pre-Miranda statements in a deliberate …
Article • April 11, 2022
Lies the Police Can Legally Tell You (And How to Respond) by Brooke Kaufman by Brooke Kaufman Despite some depictions in popular culture, the police can lie to you during questioning. Although there are limits to the lies police can tell, most officers will say anything to get a confession …
Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that the use of an un-Mirandized statement against a defendant in a criminal proceeding violates the defendant’s …
Article • November 15, 2020 • from CLN December, 2020
Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts by Anthony Accurso by Anthony Accurso The Supreme Court of Mississippi held that a district court erred when it ordered a mistrial on all three counts of an indictment after the jury had returned an …
Article • August 15, 2020 • from CLN September, 2020
Indiana Supreme Court: Forcing Defendant to Unlock Smartphone Violates Fifth Amendment Right Against Self-Incrimination by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that a defendant cannot be forced to unlock her smartphone because doing so would violate her Fifth Amendment right against self-incrimination. The Court also …
Is Solitary Confinement a Punishment?, Northwestern University Law Review, 2020 ROUGH DRAFT IS SOLITARY CONFINEMENT A PUNISHMENT? John F. Stinneford Nulla poena sine lege—no punishment without law—is one of the oldest and most universally accepted principles of English and American law. 1 Today, thousands of American prisoners are placed in …
Estate of Kevin Brown v. Lambert, CA, punitive damages, wrongful death, 2020 Case 3:15-cv-01583-DMS-WVG Document 192 Filed 02/18/20 PageID.5157 Page 1 of 1 1 2 3 FEB 18 2020 4 CLERK, U.S. DISTRICT COURT SOU1li DISTRICT CF CALIFORNIA £1V ,____DEPUlY 5 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA …
Estate of Kevin Brown v. Lambert, CA, jury verdict and damages, wrongful death, 2020 Case 3:15-cv-01583-DMS-WVG Document 191 Filed 02/14/20 PageID.5153 Page 1 of 4 1 2 FILED 3 FEB 14 2020 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 SOUTHERN DISTRICT OF CALIFORNIA ESTATE OF KEVIN BROWN …
Article • December 1, 2019
Oregon Court of Appeals: Entering iPhone Passcode is Testimonial Act; Can Be Compelled if State Establishes Defendant’s Knowledge of Passcode is ‘Foregone Conclusion’ by Mark Wilson by Mark Wilson In a case of first impression, the Oregon Court of Appeals held that entering a passcode into a smartphone is testimonial …
Article • September 17, 2019 • from CLN October, 2019
Filed under: Parole, Fifth Amendment
Kentucky Supreme Court Rules Parole Board’s Revocation Procedures Are Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Kentucky held that the Parole Board’s (“Board”) current conditional-freedom final revocation hearing procedures for post-incarceration supervisees violate an offender’s due process rights. David Wayne Bailey was released from prison and …
Article • September 16, 2019 • from CLN October, 2019
SCOTUS Declares Portion of Federal Supervised Release Statute Unconstitutional by Dale Chappell by Dale Chappell A sharply divided Supreme Court of the United States narrowly held on June 26, 2019, that the revocation provision of the federal sex offender supervised release statute is unconstitutional because it violates the right to …
Honoring Innocent Until Proven Guilty: Switching the Default Rule From Pretrial Detention to Pretrial Release in Texas's Bail System, Texas A&M Law Review, 2019 Texas A&M Law Review Volume 6 Issue 1 2-2019 Honoring Innocent Until Proven Guilty: Switching the Default Rule from Pretrial Detention to Pretrial Release in Texas's …
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