Constitutional Cases
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Coverage since January 5, 2026

Constitutional

Court of Appeals of Virginia
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Scott v. Commonwealth — Brady Remedy Is New Trial, Not Dismissal; Retrial Cured Due Process Harm From Undisclosed Witness Deal

The Virginia Court of Appeals affirmed a murder conviction obtained at retrial after a Brady violation, holding that dismissal of an indictment is available only where the violation causes irreparable prejudice or reflects a pattern of egregious prosecutorial misconduct—neither of which was present here where retrial gave the defense full opportunity to cross-examine the affected witness on the undisclosed agreement. The court also held that a Brady violation alone does not disqualify the prosecutor’s entire office.

Uncategorized

State v. Gibbons — Disorderly Conduct Conviction Reversed for Police Critic Who Twice Said “Piece of S***”

The Tennessee Court of Criminal Appeals reversed and dismissed a disorderly conduct conviction against a citizen who filmed a police officer at a fast-food drive-through and called him “a piece of s***” twice, holding the evidence was insufficient and that the trial court improperly instructed the jury on an uncharged mode of the offense.

Connecticut Appellate Court
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Mack v. Commissioner — Appellate Court Denies Second Habeas Petition Raising Crawford Confrontation Clause and Sentence Review Claims

Connecticut Appellate Court affirms denial of a second habeas petition, holding that trial counsel’s failure to raise a Crawford Confrontation Clause objection at a 2008 murder trial was not deficient when the law was unsettled, and habeas counsel was not ineffective for failing to raise a sentence review claim the petitioner never communicated.

Ninth Circuit
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United States v. $1,106,775 in U.S. Currency — Ninth Circuit En Banc Limits Government’s Power to End Civil Forfeiture Cases Through Discovery Sanctions

The Ninth Circuit, sitting en banc, reverses a district court that ended a $1.1 million civil forfeiture case as a discovery sanction, holding that the claimant established standing and gave the government enough information to investigate his ownership claim.

Ohio Court of Appeals (Twelfth District)
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State v. Brock — Court affirms murder conviction, rejecting challenges to character evidence and grant of immunity

The Twelfth District affirmed a murder conviction arising from a shooting during a domestic dispute, holding that the trial court properly admitted the defendant’s prior violent acts as character evidence under Evid.R. 404(A) and that the State’s grant of immunity to a key witness did not render her testimony unreliable.

Supreme Court
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People v. Barrera — Death sentence affirmed for torture-murder of two young children, with key rulings on expert hearsay and lesser-included-offense instructions

The California Supreme Court unanimously affirmed the death sentence of a Los Angeles father convicted of the torture-murders of two young children, holding that months of deliberate beatings, starvation, and medical neglect provided sufficient evidence of premeditated torturous intent, and that con

Supreme Court
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People v. Chhuon and Pan — Defense Counsel’s Guilty Concession Over Client’s Objection Requires Full Reversal in Capital Case

The California Supreme Court reverses a death-row defendant’s convictions entirely because his attorney conceded guilt over the client’s explicit objection — a structural constitutional error requiring automatic reversal — while affirming the co-defendant’s death sentence and vacat

Supreme Court
Uncategorized

People v. Demolle — California Supreme Court Affirms Death Sentence in 1999 Child Murder; Clarifies Fourth Amendment Detention Rules and Victim Impact Testimony Scope

The California Supreme Court affirms a death sentence for the 1999 rape-murder of an Oakland 11-year-old, holding that a suspect who voluntarily accompanies police to the station and is briefly placed in a lockable interview room has not been seized under the Fourth Amendment — and clarifying when v

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