California Supreme Court: Defendant Has Due Process Right to Notice of Prosecution’s Election to Seek Enhanced Sentence in Order to Make Key Decisions About Defense by Douglas Ankney by Douglas Ankney   Resolving a split among the Courts of Appeal, the Supreme Court of California ruled that a defendant has …

New York Court of Appeals: Call Intercepted on Wiretap Not Exempt From Statutory Notice Requirements Simply Because Same Call Captured on Separate, Consensual Recording by Jail by Anthony Accurso by Anthony W. Accurso The Court of Appeals of New York ordered the suppression of a jail recording where it was …

Ninth Circuit Announces Irizarry Didn’t Eliminate Wise Requirement That Sentencing Court Provide Notice of Special Conditions of Supervised Release Prior to Imposing Sentence by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Ninth Circuit held that the U.S. District Court for the Southern District of California …

Fourth Circuit: Standalone Rehaif Error Requires Automatic Vacatur of Guilty Plea by David Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit held that the district court’s failure to give a defendant notice that he belonged to a class of persons prohibited from possessing a …