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Tenth Circuit Announces Motor Vehicles Are Not Per Se Instrumentalities of Interstate Commerce Under Commerce Clause for Purposes of the Federal Kidnapping Statute by David Kim The United States Court of Appeals for the Tenth Circuit held that motor vehicles are not per se instrumentalities of interstate commerce for purposes …
SCOTUS Announces Courts May Not Consider § 3553(a)(2)(A)—Retribution—When Deciding Whether to Revoke a Term of Supervised Release by Richard Resch The Supreme Court of the United States held that U.S. District Courts may not consider 18 U.S.C. § 3553(a)(2)(A), retribution vis-à-vis defendant’s underlying criminal offense, when determining whether to revoke a …
Article • July 1, 2025 • from CLN July, 2025
Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion by Douglas Ankney The United States Court of Appeals for the Fourth Circuit granted Scott Lewis Rendelman’s motion for authorization to …
Article • February 15, 2025 • from CLN March, 2025
Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural by David Reutter by David M. Reutter The Court of Criminal …
Article • February 15, 2025 • from CLN March, 2025
Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction by Sam Rutherford by Sam Rutherford The Supreme Judicial Court of Massachusetts vacated a threat-based conviction because the jury instructions provided setting forth the elements …
Article • February 1, 2025 • from CLN February, 2025
Ninth Circuit Announces California Assault With Deadly Weapon Conviction Not ‘Crime of Violence’ for Career Offender Enhancement Under Sentencing Guidelines by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s prior California conviction for assault with a deadly weapon under Cal. …
Article • November 1, 2024 • from CLN November, 2024
Oregon Supreme Court Further Clarifies ‘Guilty Except for Insanity’ Defense by Sam Rutherford by Sam Rutherford The Supreme Court of Oregon clarified the “Guilty Except for Insanity” (“GEI”) defense, holding that the defendant’s mental disease or defect may combine with another condition to cause the lack of capacity to form …
California Court of Appeal: Statistical Evidence Showing Racial Disparity Combined With Evidence Showing Non-Minority Defendants Charged With Lesser Crimes Establishes Prima Facie Case Under California Racial Justice Act by Douglas Ankney by Douglas Ankney   The Court of Appeal of California, Fourth Appellate District, held that “if a defendant provides …
Article • October 1, 2023 • from CLN October, 2023
Maryland Supreme Court: Firearms Identification Methodology Does Not Provide Reliable Basis for Expert’s Unqualified Opinion That Bullets Recovered at Crime Scene Were Fired From Defendant’s Gun by Douglas Ankney by Douglas Ankney The Supreme Court of Maryland (formerly known as the Court of Appeals of Maryland) held that the methodology …
Article • September 1, 2023 • from CLN September, 2023
Sixth Circuit Holds Bump Stocks Not Regulated Under Machinegun Statute by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Sixth Circuit weighed in on the ongoing Circuit split of whether a “bump stock” – placement of which on a semiautomatic rifle enables it to function …
Article • September 1, 2023 • from CLN September, 2023
New York City’s DNA Gun Crimes Unit Reduces Turnaround Times for Gun Crimes by Half by Jordan Arizmendi by Jordan Arizmendi On June 30, 2022, New York City Mayor Eric Adams and New York City Chief Medical Examiner Dr. Jason Graham announced the creation of the specialized Office of the …
Article • August 1, 2023 • from CLN August, 2023
Fifth Circuit Announces Statute Prohibiting Firearm Possession by Person Subject to Domestic Violence Restraining Order Is Unconstitutional in Light of Bruen by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the federal statute which prohibits the possession of firearms by a person …
Article • April 28, 2023
Maryland Sheriff Charged in Scheme to Fraudulently Obtain Machine Guns by Kaden Gicker by Kaden Gicker Frederick County Sheriff Charles “Chuck” Austin Jenkins, 66, was charged with conspiracy to commit fraud against the government, false statements during the purchase of firearms, false statements in records maintained by a federal licensee, …
Brief • March 14, 2023
Filed under: Defamation
Burns v. Hu, NY, Decision and Order, Defamation, 2023 INDEX NO. 512267/2021 FILED: KINGS COUNTY CLERK 03/14/2023 12:41 PM NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X ISRAEL BURNS (a/k/a ACE B RNS), Index Plaintiff, o. 512267/202 l - …
Article • February 15, 2023 • from CLN March, 2023
Filed under: Gun Laws/Crimes
Registry of Approved Standards Adds Two New 3D Firearm Analysis Standards by Casey Bastian by Casey J. Bastian In an effort to improve forensic firearm and toolmark analysis, the Organization of Scientific Area Committees for Forensic Science (“OSAC”) has updated its Registry of Approved Standards. OSAC is administered by the …
Article • July 15, 2022 • from CLN August, 2022
Commentary: Exploring Implications of the Supreme Court’s Expansion of Second Amendment Rights by Professor Douglas A. Berman by Douglas A. Berman This content was originally published on sentencing.typepad.com, as three distinct blog postings on June 23 and 24, 2022, and included several embedded hyperlinks to research referenced. The posts have …
Article • September 3, 2021
AZ Prosecutor Who Allegedly Targeted BLM Protestors Files $10m Defamation Suit Against Boss Who Dropped Charges Against Them by Saying her superiors made her a "scapegoat" in the Maricopa County Attorney’s Office (MCAO), a prosecutor who went after a group of Phoenix Black Lives Matter (BLM) protestors with gang-related charges …
Article • June 15, 2021 • from CLN July, 2021
West Virginia Supreme Court: Emergency Protective Order Not De Facto Search Warrant by Douglas Ankney by Douglas Ankney The Supreme Court of West Virginia held that an Emergency Protective Order (“EPO”) issued pursuant to West Virginia Code § 48-27-403 (2006) (“EPO Statute”) is not a de facto search warrant. Jeffery …
How Arkansas Criminalizes Poverty by Jayson Hawkins by Jayson Hawkins Like millions of Americans, Teresa Hunter was hit hard by the financial repercussions of the coronavirus pandemic. But what the Hot Springs resident never imagined was that her temporary inability to afford housing could put her behind bars. Renters in …
Article • July 15, 2020 • from CLN August, 2020
Neuroscience and Criminal Cases by Jayson Hawkins by Jayson Hawkins A prime consideration in determining guilt and assessing punishment for a crime has long been the mental state of the accused. Legal precedents that weighed the workings of the human mind can be traced to the 17th century, according to …
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