The Idaho Supreme Court handed down an opinion on September 22, 2017, that clarified an important exception to the requirement that police officers obtain a warrant prior to conducting a search. The exception known as “search incident to arrest” allows police to conduct a warrantless search of an arrestee while in the process of a
New York Chief Administrative Judge Lawrence K. Marks issued a bold (and much-needed) new rule on November 7, 2017. Intended to remind prosecutors of their duty to disclose exculpatory material to the defense, the rule requires that all trial judges in the state issue a “Brady” order at the outset of all criminal trials. New
The New Jersey Supreme Court issued a ruling on July 25, 2017, in which it granted qualified immunity to a police officer accused of a police-created “exigent circumstances” search. But in the process of doing so, the Court put police officers statewide on notice that such searches are constitutionally impermissible and will not be tolerated
A Hopkinsville, Kentucky police officer submitted his resignation September 5, 2017 rather than be fired for several warrantless searches of a home. Officer Jason Brent responded to a home on South Campbell Street in Hopkinsville after receiving a call reporting drug activity at the home. According to WSMV.com, he knocked on the door, and when
The Georgia Supreme Court unanimously ruled on October 2, 2017 that a convicted murderer was entitled to a new trial because the original trial transcript was destroyed in a fire, and the State’s efforts to recreate it were wholly insufficient. Craig Johnson was found guilty of malice murder and other crimes relating to the stabbing
The United States Court of Appeals for the Eleventh Circuit has reversed a district court and ruled that an evidentiary hearing is required when a criminal defendant has sufficiently alleged actual bias on the part of a trial judge. Harrison Norris, Jr., who is black, was convicted of 24 counts of forced prostitution of several
The Virginia Supreme Court has reversed a jury’s finding that a convicted sex offender was not a sexually violent predator who must be civilly committed. On Aug. 12, 2014, the Commonwealth of Virginia moved to involuntarily commit Brady Arnold Proffitt, Jr. as a sexually violent predator. In order to commit Proffitt pursuant to the Sexually
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 the 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
The Colorado Supreme Court ruled on September 11, 2017, that the crime of unlawful sexual contact is a lesser included offense of sexual assault, meaning the two must merge. This was the second case dealing with lesser included offenses decided by the Supreme Court on the same day. In People v. Rock, 2017 CO 84, the Court
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