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    Criminal Law Blog

    CRIMINAL LAW:  The Extent of Judicial Power in Sentencing Pursuant to a Federal Plea Agreement

    CIVIL RIGHTS:  SCOTUS: Use of Un-Mirandized Statement Does Not Serve as Basis for § 1983 Claim

    In Pursuit of Fleeing Misdemeanants: SCOTUS Rejects Categorical Rule of Exigency

    Sex Offender Registration Requirement

    Ineffective Assistance—Death Penalty

    Insanity Defense

    Fourth Circuit Panel Rules That Probable Cause Is a Mere Click Away

    Mere Possession of Concealed Firearm Does Not Justify Terry Stop

    No Constitutional Right to Engage in Bestiality

    Fourth Amendment Applies to Cell Site Location Information

    Convicted Domestic Abuser's Gun Rights Go Up in Smoke

    SCOTUS Overturns Lower Courts' Conclusions on Probable Cause And Qualified Immunity

    Second Circuit Upholds Restrictions on Removing "Premises Licensed" Handguns from Premises

    Was Traffic Stop Unlawfully Prolonged in Violation of Rodriguez?

    No Right to Use Forfeited Substitute Assets to Pay for Appeal Counsel

    Digital Cameras Held Outside Scope of Search Incident to Arrest Exception

    CRIMINAL LAW: Due Process Demands Return of Court Costs, Fees, and Restitution

    CRIMINAL LAW: Texas Good-Faith Exception to Exclusionary Rule Applied to Illegal Drug Sniff

    CRIMINAL PROCEDURE: Ninth Circuit Adopts "Plain Hearing" Doctrine

    CRIMINAL LAW: Sentencing—New Rule in Johnson Was Substantive as Applied to Advisory Sentencing Guidelines

    CRIMINAL LAW: Use of Risk Assessment Tools in Sentencing Upheld . . . For Now

    CONSTITUTIONAL LAW: Use of Cell-Site Simulator Constitutes a Search

    Juvenile Sentences Affected by Football Team Losses

    CRIMINAL LAW: Search and Seizure—Traffic Stop—Length of Detention

    CRIMINAL LAW: Search and Seizure—Medical Marijuana Statute—Probable Cause to Search Based Solely on the Smell of Marijuana

    CRIMINAL LAW: Search and Seizure—Warrantless Procurement of Cell Site Location Information

    CRIMINAL LAW: Supreme Court Allows Use of Three-Year-Old Child's Out-of-Court Statements About Abuse

    IMMIGRATION LAW: Analyzing State Drug Paraphernalia Offense for Purposes of Removal Under INA

    CRIMINAL LAW: Search and Seizure—Probable Cause for Search in Light of Enactment of Medical Marijuana Law

    CRIMINAL LAW: Search Warrants—Good-Faith Exception

    CRIMINAL LAW: Prosecutorial Misconduct in Closing Argument

    CRIMINAL LAW: Punitive Effect of Retroactive Application of Sex Offender Registration Requirements

    CRIMINAL LAW: Search and Seizure—Cell Phone Location Tracking

    CRIMINAL LAW: Warrantless Search of Cell Phones

    CRIMINAL LAW: Driving Under the Influence of a Proscribed Drug or "Its Metabolite"

    CRIMINAL LAW: Search and Seizure—Warrantless Search of Motor Vehicle

    CRIMINAL LAW UPDATE: Validity of Warrantless Searches of Cell Phones Incident to Arrest

    CRIMINAL LAW: Limits on Prosecution of Consensual Sexual Relations

    CRIMINAL LAW: Retroactivity of Supreme Court Decision in Padilla v. Kentucky

    CRIMINAL LAW: Search and Seizure: Taking of DNA Samples from Criminal Suspects

    CRIMINAL LAW: False Confessions—Admissibility of Expert Testimony

    CRIMINAL LAW: Search Warrant Requirement—Drunk Driving—No Per Se Exigency for Exception to Warrant Requirement

    CRIMINAL LAW: Gun Restrictions

    CRIMINAL LAW: Driver Using Cell Phone Convicted of Negligent Homicide

    CRIMINAL LAW UPDATE: Right to Effective Counsel During Plea Negotiations

    CRIMINAL LAW: Determining the Reliability of Eyewitness Identification Under the Rules of Evidence

    CRIMINAL LAW: Sentencing Guidelines—Ex Post Facto

    CRIMINAL LAW: GPS Device Placed on Car Does Not Violate Fourth Amendment

    CRIMINAL LAW UPDATE: Reliability of Narcotics Dogs to Be Revisited by U.S. Supreme Court

    CRIMINAL LAW: Tracking Suspect by Cell Phone GPS

    CRIMINAL LAW: Long Reach of Immigration Laws

    CRIMINAL LAW: Sentencing—Apprendi Applies to Criminal Fines

    CRIMINAL LAW UPDATE: Supreme Court Opens the Door to Many More Successful Federal Habeas Corpus Proceedings for Criminal Defendants Alleging Ineffective Assistance of Counsel

    CRIMINAL LAW: Retroactivity of the Fair Sentencing Act of 2010

    CRIMINAL LAW: Habeas Corpus

    CRIMINAL LAW: Federal Sentences—Ordering Sentence to Run Concurrently with or Consecutively to an Anticipated State Sentence

    CRIMINAL LAW: Death Penalty—Use of Foreign Sodium Thiopental

    CRIMINAL LAW UPDATE: Right to Effective Assistance of Counsel Extended to Plea Bargains

    CRIMINAL LAW: Search and Seizure—Attachment by Police of GPS Device to Vehicle Constitutes a Search

    CRIMINAL LAW: Discovery

    CRIMINAL LAW: Third Circuit Court of Appeals First to Consider Sentence Enhancement Under 18 U.S.C. § 3147

    CRIMINAL LAW UPDATE: Criminal Fines—Applicability of Apprendi v. New Jersey

    CRIMINAL LAW UPDATE: Eyewitness Identification

    CRIMINAL LAW: Fourth Amendment: Government Access to Private E-Mails

    Convicted Defendants' Access to DNA Evidence

    CRIMINAL LAW: More on the Confrontation Clause from the U.S. Supreme Court

    CRIMINAL LAW: Search and Seizure—Police Attachment of GPS Tracking Systems to Automobiles

    CRIMINAL LAW: Standing to Contest Unconstitutionality of Federal Statute Used for Prosecution

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