The Fourth Department dismissed a district attorney’s Article 78 petition seeking to overturn a court order barring re-presentment to a grand jury and denying unsealing under CPL 160.50(1), holding that unsealing applications are civil in nature and cannot be challenged via Article 78.
Case State ex rel. Bates v. Clancy Court Supreme Court of Ohio Date Decided June 4, 2026 Docket No. 2025-1274
Case State of Oregon v. David Ayon-Urbano Court Oregon Supreme Court Date Decided June 4, 2026 Docket No. S072084 (CC
The Tennessee Court of Criminal Appeals held that a circuit court lacks authority under Rule 36 to correct alleged clerical errors in a juvenile court transfer order, and that even if it could, no clerical error existed where the written order reflected the juvenile court’s announced findings.
The Eighth District reversed and vacated two contempt findings, holding the trial court improperly charged a defendant with indirect contempt without providing the statutory notice and hearing required by R.C. 2705.03.
The Eighth District reversed the trial court’s dismissal of a rape and kidnapping indictment for preindictment delay, holding that the defendant failed to establish actual prejudice from the 16-year gap between the offense and indictment despite the deaths of two potential witnesses.
The Second District rejects a novel defense argument that shared-birthday timing could defeat the ‘at least 5 years older’ element in aggravated criminal sexual abuse, holding Illinois law does not recognize fractions of days in age computation.
The Third Department dismisses a challenge to the Elmira Police Department Property Clerk’s determination regarding seized property.
The Fourth DCA reversed a trial court’s order prohibiting further pro se filings, holding that successive Rule 3.800(a) motions are permitted under Florida law and that the defendant’s new Erlinger challenge to his PRR sentence had not been previously raised.
Ninth Circuit revives a Section 1983 deliberate fabrication claim against a Garden Grove detective whose police report significantly mischaracterized recorded witness statements on a critical issue in the case.