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Venable LLP

Update: Fourth Circuit Dodges Constitutionality of Geofence Warrants

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Earlier this year, we wrote on the Fourth Circuit's en banc rehearing in United States v. Chatrie, a criminal appeal addressing whether a geofence warrant used to locate the defendant in a bank robbery trial was a...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 308: Listen and Learn -- Crimes Against the Person (Part 2)

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Welcome back to the Bar Exam Toolbox podcast! We're continuing the discussion from last week on crimes against the person. In the previous episode, we covered the basic elements of assault, battery, false imprisonment, and...more

Dorsey & Whitney LLP

The Supreme Court Update - April 7, 2025

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Today, the Supreme Court of the United States granted certiorari in two cases: Ellingburg v. United States, No. 23-3129: This case addresses the Ex Post Facto Clause of the U.S. Constitution, which the government...more

Dorsey & Whitney LLP

The Supreme Court Update - March 21, 2025

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The Supreme Court of the United States issued two decisions on March 21st: Delligatti v. United States, No. 23-825: This case interprets 18 U.S.C. § 924(c), which imposes a five-year mandatory minimum sentence when a...more

ArentFox Schiff

Judge Rakoff Challenges Sentencing Guidelines: Upholding the Sixth Amendment

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On March 10, US District Judge Jed S. Rakoff of the Southern District of New York issued a decision in United States v. Tavberidze, holding that section 3E1.1(b) of the US Sentencing Guidelines, which provides a one-point...more

Lowenstein Sandler LLP

Judge Rakoff Takes Aim at ‘Trial Penalty’

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On March 10, 2025, U.S. District Judge Jed S. Rakoff of the Southern District of New York issued a decision in the case of United States v. Tavberidze, finding Section 3E1.1(b) of the United States Sentencing Guidelines in...more

Perkins Coie

SCOTUS Seems Torn in Tangling With Fraudulent Inducement Theory of Federal Fraud Statutes

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On December 9, 2024, the Supreme Court of the United States heard oral argument in Kousisis v. United States. The case squarely assesses the validity of the “fraudulent inducement” theory of mail and wire fraud under federal...more

IR Global

Virtual Reality in the Courtroom: The Future of Justice

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In an unprecedented move, Broward County Circuit Court Judge Andrew Siegel recently used virtual reality (VR) technology during a stand-your-ground hearing. On December 14, 2024, he wore an Oculus Quest 2 VR headset to...more

Miller Canfield

Junk Science or Relevant Evidence: Supreme Court Says Experts May Now Aid in Determining Criminal Intent

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In criminal cases, oftentimes the most significant element in dispute is whether the defendant harbored the intent to “knowingly” or “willfully” violate the criminal law at issue.  If the defendant denies that he knew what he...more

Benesch

U.S. Supreme Court Allows Prosecutors a Game-Changing Weapon: Broad Expert Testimony on Criminal Intent

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Federal Rule of Evidence 704(b) provides that experts in criminal cases cannot state an opinion about the defendant’s mens rea. That is, the expert must not state an opinion about “whether the defendant did or did not have a...more

Bradley Arant Boult Cummings LLP

Making the Pitch for a Civil Resolution in a Criminal Case

Last month, special counsel Robert Hur issued a report detailing his reasons for declining to charge President Joe Biden for retaining classified documents from Biden's time as vice president. Regardless of one's views on its...more

Rodemer Kane Attorneys at Law

What Is a No Contest Plea?

A no contest plea in criminal court means that you accept the conviction but avoid a factual admission of guilt. People often use the terms "guilty plea" and "no contest plea" interchangeably, but they can mean different...more

Law School Toolbox

Law School Toolbox Podcast Episode 418: Listen and Learn -- Criminal Procedure: Miranda Warnings

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Welcome back to the Law School Toolbox podcast! In this episode from our "Listen and Learn" series, we go through an attack plan for how you might approach a Miranda issue on an exam question, and look at specific rules...more

Cranfill Sumner LLP

Recent Changes to Local Rules in the Eastern District of North Carolina

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On January 7, 2022, the United States District Court for the Eastern District of North Carolina notified the public of proposed amendments to the Local Civil, Criminal, and Admiralty Rules of Practice and Procedure.  These...more

Rodemer Kane Attorneys at Law

What Is An Arraignment In Colorado?

The arraignment hearing holds immense importance within the criminal justice system, commanding the utmost seriousness. It represents the formal charging of a defendant with a criminal offense and sets the tone for subsequent...more

Dorsey & Whitney LLP

The Supreme Court Update - April 19, 2023

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Today, the Supreme Court of the United States issued three decisions: MOAC Mall Holdings LLC v. Transform Holdco LLC, No. 21-1270: This bankruptcy case involved the interpretation of Bankruptcy Code § 363(m) and its...more

Dorsey & Whitney LLP

The Supreme Court Update - December 13, 2022

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Today, the Supreme Court of the United States granted certiorari in three cases: Slack Technologies, LLC v. Pirani, No. 22-200: This case presents an issue of federal securities law. After the messaging software company,...more

Allen Matkins

California Limits Use Of Creative Expressions In Criminal Proceedings

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One of the more unusual bills enacted by the legislature this year concerns the use of "creative expression" in criminal proceedings.  AB 2799 (Jones-Sawyer) defines "creative expression" as the "expression or application of...more

Thomas Fox - Compliance Evangelist

Farewell to Sandalow and Kamisar

About the only way I know to describe Yale Kamisar is that he was force of nature. He was also, according to his New York Times (NYT) obituary, the father of Miranda rights and Miranda warnings. He “began to wrestle with the...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 128: Listen and Learn -- Privilege Against Self-Incrimination and Miranda Rights

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Welcome back to the Bar Exam Toolbox podcast! Today we are focusing on criminal procedure, specifically two constitutional protections afforded to accused persons by the 5th Amendment – the privilege against...more

Dorsey & Whitney LLP

The Supreme Court - January 11, 2021

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Minerva Surgical, Inc. v. Hologic, Inc., No. 20-440: Whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the...more

Barnea Jaffa Lande & Co.

Taking Testimony in Israel for Criminal Trials in the United States

Recently, United States federal courts have been more frequently approving the extra-territorial collection of testimony for use in criminal trials to be held in the United States. While the collection of such testimony for...more

Patterson Belknap Webb & Tyler LLP

Circuit Holds That Wealthy Individuals Will Not Receive Special Treatment In Bail Proceedings

In a short opinion, United States v. Boustani, the Second Circuit (Cabranes, Hall, and Stanceu) clarified the Bail Reform Act standard for when a defendant requests to be released on bail and agrees to pay for private armed...more

Proskauer - Proskauer For Good

New York Law on Sealing Convictions Helps Some Begin a New Life

With over two million Americans behind bars, this country has the highest incarceration rate in the world. Our society pays a big price for that distinction, not only in the staggering cost of incarceration itself but in the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cryptocurrency Litigation Update: Court Allows Government’s Criminal Case Against REcoin Founder to Proceed

On September 11, 2018, Judge Raymond J. Dearie of the U.S. District Court for the Eastern District of New York issued a new decision in U.S. v. Zaslavskiy, No. 1:17-cr-00647-RJD-RER, Dkt. No. 37 (E.D.N.Y. Sept. 11, 2018),...more

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