The Massachusetts Supreme Court ruled that field sobriety tests (“FSTs”) may not be used as definitive evidence of impairment in cases involving allegations of operating a motor vehicle while under the influence of marijuana. The Court also ruled that FSTs are admissible as contemporaneous observations of the police officer, as a lay witness, who conducted
The U.S. is a world leader in the jailing and imprisoning of its own citizens. The FBI estimates that local, state, and federal authorities have carried out more than a quarter-billion arrests in the past 20 years. As a result, the American criminal justice system is a robust behemoth that, across the country, costs taxpayers
The Nevada Supreme Court ruled on September 14, 2017 that double jeopardy bars retrial of a criminal defendant when a prosecutor intentionally engages in egregious and improper conduct that causes prejudice to the defendant which cannot be cured by means short of a mistrial. The case before the Court involved the prosecution of Lacy L.
The U.S. Court of Appeals for the Fourth Circuit ruled that a supervised release revocation sentence was plainly unreasonable. The Court concluded that it was not reasonable for a district court to fail to address nonfrivolous arguments advanced by a defendant arguing for a particular revocation sentence. The Court also held that a district court
As someone who regularly writes for publications from prison, I’m often asked what the legal parameters of such conduct are. Typically, this discussion starts with a prisoner’s family member contacting me, and expressing that they have been told that their incarcerated loved one is not allowed to publish any articles, blog posts, or books because