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Criminal Practice
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June 26, 2025
BREAKING: Justices Expand Reach Of First Step Act In Resentencings
The U.S. Supreme Court ruled Thursday聽that defendants can聽benefit from lighter sentences under the First Step Act if they were sentenced prior to the 2018 criminal justice reform law but later resentenced after their original sentences were tossed.
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June 25, 2025
11th Circ. Backs Conviction In Bank Reporting Evasion Case
The Eleventh Circuit on Wednesday upheld the conviction of a man accused of trying to prevent regulators from learning about his large withdrawals from Wells Fargo accounts, rejecting his claims that prosecutors charged him with one offense but tried him for another.
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June 25, 2025
Tulsa Inks Jurisdiction Pact With Tribe As Okla. Gov. Objects
The mayor of Tulsa, Oklahoma, on Wednesday settled a jurisdictional dispute with the Muscogee (Creek) Nation over law enforcement, saying the city will bring an end to the tribe's lawsuit by deferring to its criminal jurisdiction, despite Oklahoma Gov. Kevin Stitt's objections that he's been cut out of the deal.
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June 25, 2025
Ga. High Court Allows Reviews Of Non-Capital Murder Cases
The Georgia Supreme Court has ruled that it will retain the authority to exclusively hear appeals of non-death penalty murder cases, bypassing a need for the lower Georgia State Court of Appeals to weigh in.
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June 25, 2025
Colo. Justices Unsure If Law Covers AI-Made Child Images
The Colorado Supreme Court expressed uncertainty Wednesday over whether a state statute in place through 2024 made illegal the production of sexually explicit AI-generated images of minors, or if this month's revision to the law proves the 2024 statute did not cover those images.
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June 25, 2025
State Gets Second Chance Despite Delays, Pa. Court Rules
A trial court erred in dismissing a criminal case against a man who was accused of illegally possessing firearms due to excessive delays, the Pennsylvania Superior Court said, finding that lapsed time was not entirely attributable to the commonwealth and should therefore not prevent prosecution.
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June 25, 2025
Ex-Google Engineer Nixes Evidence Over Miranda Violation
A California federal judge has ordered that statements a former Google engineer made to federal agents investigating him for espionage and trade secret theft must be suppressed because they violated the Chinese national's Miranda rights.
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June 25, 2025
Watchdog Targets US Atty Over Arrests, Probes Of NJ Officials
The legal ethics watchdog Campaign for Accountability on Wednesday accused interim U.S. Attorney for New Jersey Alina Habba of an "abuse of power" over her office's recent investigations and arrests of New Jersey officials and called for an ethics investigation.
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June 25, 2025
9th Circ. Says Mexican Man Can't Vacate Firearm Conviction
A split Ninth Circuit panel has refused to vacate a Mexican national's conviction for possession of a firearm while present in the U.S. without authorization, saying there's no reasonable likelihood that the jury would have reached a different conclusion with different instructions.
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June 24, 2025
Colo. Justices Order Fraud Retrial Over Legal Advice Hearsay
Colorado's highest court granted a new securities fraud trial Monday to a man whose testimony in his own defense about advice of counsel was curtailed by a judge, saying legal advice is unquestionably relevant in mounting a defense around "willfulness."
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June 24, 2025
Pa. Court Rules Philly Open-Carry Restriction Unconstitutional
The Pennsylvania Superior Court struck down Philadelphia's restrictions on the open carry of firearms as unconstitutional, finding citizens in the state's largest city should not be subject to more stringent gun laws than those in other parts of the state.
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June 24, 2025
Driver Must Serve Prison Time In DUI Case, Fla. Panel Rules
A Florida appellate panel ruled that a driver convicted in the drunken driving-related death of a motorcyclist must serve the minimum time of four years in prison, saying the lower court didn't have the authority to suspend the mandatory sentence for a DUI manslaughter charge.
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June 24, 2025
Conn. Court OKs Records Use To Revoke Man's Probation
A Connecticut appeals court has found that records from a residential treatment program could be admitted as evidence as they upheld the revocation of probation for a man convicted in two separate criminal court cases of larceny and sexual assault.
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June 24, 2025
Oakland County Prosecutor Jumps Into Michigan AG Race
Karen McDonald, a county prosecutor best known for charging the parents of a teenage school shooter, is running for Michigan attorney general, according to a Tuesday campaign announcement.
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June 24, 2025
Mich. Panel Grants New Murder Trial Over Phone Data Use
A split Michigan appellate panel has ordered a new trial for a man convicted of murder because of illegally seized cellphone evidence used in his trial.
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June 24, 2025
Robbery Intent Enough For Murder Rap, Conn. Justices Rule
Connecticut can secure a murder conviction for a man whose robbery attempt resulted in a fatal shooting 鈥� even though he didn't pull the trigger 鈥� because it didn't need to prove the shooter was an accessory to the would-be thief, according to a state high court opinion released Tuesday.聽
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June 24, 2025
Mass. Justices Say Key In Ignition Triggers DUI Law
Massachusetts' highest court on Tuesday found that the act of sitting behind the wheel with the key in the ignition is enough to sustain a drunken driving charge, even if the car is not in motion and the engine is not turned on.
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June 23, 2025
DOJ Sues Wash. Over New Abuse Reporting Rule For Clergy
The U.S. Department of Justice on Monday moved to join the Catholic Church's constitutional challenge of a Washington state law making clergy members mandatory reporters of suspected child abuse, saying the requirement violates priests' right to freely exercise religion by forcing them to disclose information shared during Confession.
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June 23, 2025
Justices To Review Liability For Forcing Prisoner's Haircut
The U.S. Supreme Court will hear a former Louisiana prisoner's case for damages after guards forcibly shaved his head, removing the dreadlocks he maintained as part of his Rastafarian religion.
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June 20, 2025
Fla. Panel Reverses Life Sentence In Carjacking Case
A Florida appellate court reversed a life sentence for a man convicted of felony battery and carjacking, saying the lower court wrongly believed it didn't have the discretion to impose a lighter punishment.
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June 20, 2025
Wisconsin Judge Gets Court To Weigh Dismissal Before Trial
A Wisconsin federal judge overseeing the government's prosecution of a state judge for allegedly helping an unauthorized immigrant evade arrest canceled a jury trial scheduled for July, saying he will rule on her motion to dismiss first.
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June 20, 2025
Top Court Limits Sentencing Factors For Release Violations
The U.S. Supreme Court on Friday limited what factors district judges may consider when sentencing defendants for violating the terms of supervised release, vacating the Sixth Circuit's findings that allowed lower courts to undertake the same analysis for revocation proceedings as primary sentencings.
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June 18, 2025
Ex-Public Defender Says Bogus Bias Reports Got Her Fired聽
The former chief public defender for Allegheny County, Pennsylvania, said Wednesday in a lawsuit that she was wrongfully accused of racial bias and unilaterally fired by the county manager, rather than by the county executive who had appointed her.
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June 17, 2025
Domestic Violence Groups Sue Feds Over Grant Restrictions
A group of domestic violence and sexual assault coalitions is asking a federal court to block the Trump administration from imposing restrictions on grants by the Department of Justice's Office on Violence Against Women, saying the new rules make it impossible to effectively operate their programs that help victims.
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June 17, 2025
Texas AG Seeks Execution In Shaken Baby Syndrome Case
The Texas attorney general's office has asked a state court to set an execution date for a man convicted based on a diagnosis of shaken baby syndrome, despite his case pending on appeal before the state's highest criminal court.
Expert Analysis
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Justices' Sentencing Ruling Is More Of A Ripple Than A Wave
The U.S. Supreme Court鈥檚 decision last week in Esteras v. U.S., limiting the factors that lower courts may consider in imposing prison sentences for supervised release violations, is symbolically important, but its real-world impact will likely be muted for several reasons, say attorneys at Perkins Coie.
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Court Rulings Warn Against Oversharing With Experts
Recent decisions, including in bad faith insurance cases, demonstrate that when settlement information documents are inadvertently shared with testifying experts, courts may see no recourse but to strike the entire report or disqualify the expert, says Richard Mason at MasonADR.
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Perspectives
Reading Tea Leaves In High Court's Criminal Law Decisions
The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term鈥檚 fractured decision-making has continued, an important data point as the justices鈥� alignment seems to correlate with who benefits from a case鈥檚 outcome, says Sharon Fairley at the University of Chicago Law School.