…there are a number of new cases in this area, which I have summarized below. Federal cases. There have been several recent opinions by the federal appellate courts. The most…
In my first two posts, I explored the Bryant opinions. Today I’ll discuss what the case means for confrontation clause analysis going forward. 1. Although Crawford is intact, the Court…
…admitting the evidence was harmless beyond a reasonable doubt. One reading of Galindo is that it rejects the use of substitute analysts who form opinions based on testimonial reports by…
…by Chief Justice Roberts, Justice Breyer and Justice Kavanaugh announced the judgment of the court and wrote the plurality opinion. The plurality noted at the outset that the Court’s opinions…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 6, 2022. These summaries will be added to Smith’s Criminal Case Compendium, a…
…but obviously opinions may differ. Lawyers question Rick Perry indictment. Texas Governor Rick Perry was indicted for cutting funding to a prosecutor’s office after the prosecutor (a) investigated a program…
…(D. Md. Nov. 4, 2020); United States v. James, No. CR1908019001PCTDLR, 2020 WL 6081501, at *2 (D. Ariz. Oct. 15, 2020). These opinions seem at odds with the practical experience…
…be a link to a sentencing-related news article. I also post on all sentencing- and corrections-related opinions from our appellate courts, the Fourth Circuit, and the Supreme Court. A typical…
…reminder that Fourth Circuit rulings on federal constitutional issues, such as the Fourth Amendment’s seizure and search provisions, are not binding on state courts. However, Fourth Circuit opinions are given…
…appeals: does Rodriguez undermine Mimms? Although Rodriguez itself did not directly criticize or question Mimms, the North Carolina Court of Appeals has issued several opinions that read Rodriguez as undermining,…
