Brown — Colorado Supreme Court upheld strict-liability hit-and-run convictions and habitual-offender sentence
Case Jason P. Brown v. The People of the State of Colorado Court Colorado Supreme Court Judge Justice Gabriel; Justice
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Constitutional
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United States v. Peterson — Eighth Circuit upheld interstate warrants for Snapchat and Google records
Case United States of America v. Nicholas Joseph Peterson Court U.S. Court of Appeals for the Eighth Circuit Judge KELLY;
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People v. Lightsey — A Competency Hearing Could Not Reliably Reconstruct a Trial From 19 Years Earlier
The California Supreme Court reversed a reinstated capital judgment because a hearing held 19 years later could not reliably determine the defendant’s competency at trial.
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People v. Pearson — California Supreme Court Affirms Death Judgment After Penalty Retrial
The California Supreme Court affirmed Kevin Pearson’s death judgment and held that any Senate Bill 1437 error was harmless given the jury’s valid findings and his conduct.
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Thomas — Juror substitution is constitutional when statutory safeguards are followed
Applying State v. Chambers, the Supreme Court rejected a case-by-case constitutional test. The statute is constitutional when its two safeguards are observed: the alternate must not have discussed the case and the reconstituted jury must begin deliberations anew. The Court reversed on substitution, held the suppression issue unpreserved, and remanded for remaining issues.
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McGirt — Written requests and colloquy established valid waiver of counsel
The Supreme Court reversed and concluded that McGirt knowingly, intelligently, and voluntarily waived counsel. The written requests, extended history with appointed counsel, and trial court’s questioning showed an unequivocal choice and awareness of the consequences. Because waiver resolved the appeal, the majority did not need to decide forfeiture by misconduct.
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Gupton — Record-based ineffective-assistance claims can be barred if omitted on direct appeal
The Supreme Court affirmed. Because the record available during the direct appeal was adequate to litigate the asserted deficiencies and prejudice, Gupton was in a position to raise the claims then. His later motion could therefore be rejected under N.C.G.S. § 15A-1419 rather than decided through a new evidentiary proceeding.
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Farook — Most unconsented guilt concessions now require Strickland prejudice analysis
The Supreme Court narrowed the reach of the per se-prejudice rule associated with State v. Harbison. Reading Florida v. Nixon, Strickland, and Cronic together, it held that most claims based on an unconsented concession require proof of deficient performance and prejudice; automatic prejudice is reserved for circumstances in which the defendant is entirely surprised by counsel’s concession. It reversed the remand for an evidentiary hearing.
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State v. Sims — Kansas Supreme Court reversed three convictions for failing to pay offender-registration fees
Case State of Kansas v. Terrance Isaiah Sims Court Kansas Supreme Court Judge Per Curiam Date Decided August 14, 2026
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West v. United States — affirmed denial of relief from an unconstitutional life sentence because the habeas claim was time-barred
Case Roy Christopher West v. United States of America Court U.S. Court of Appeals for the Sixth Circuit Judge SUTTON
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In re C.M. — Probation Officers Cannot Impose Juvenile Electronic Monitoring Without Court Review
A published California decision holds that probation officers cannot impose juvenile electronic monitoring without judicial review and clear standards.
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Brown v. Broomfield — Ninth Circuit Upholds California Death Sentence Under Deferential Habeas Review
The Ninth Circuit upheld a California death sentence, finding the state court reasonably rejected claims involving counsel, competency, and intellectual disability.
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Ramos — SJC limits first-aggressor evidence and sudden-combat mitigation
The Massachusetts SJC affirmed a first-degree murder conviction, holding that counsel reasonably avoided first-aggressor evidence and that a planned fight did not warrant a sudden-combat instruction.
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People v. Allen — Prior-incarceration tolling needs no jury finding
The First Department held that calculating incarceration tolling for predicate-felony status is ministerial and does not require a jury under Erlinger.
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Chapman v. Burke — Seventh Circuit revives constitutional challenge to Illinois DNA-testing law
Case Reginald L. Chapman v. Eileen O’Neill Burke Court U.S. Court of Appeals for the Seventh Circuit Judge SCUDDER (Donald
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Chapman v. Burke — Seventh Circuit revives constitutional challenge to Illinois DNA-testing law
Case Reginald L. Chapman v. Eileen O’Neill Burke Court U.S. Court of Appeals for the Seventh Circuit Judge SCUDDER (Donald
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People v. Shove — Supreme Court Affirms Capital Convictions and Death Judgment
The California Supreme Court affirmed the judgment in full. The majority concluded that the trial court did not commit reversible error in jury selection or the conduct of either phase and that the evidence supported the convictions, special circumstances, and penalty determination.
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Williams — Superior Court treats Philadelphia firearm challenge as waived
The Superior Court held that a constitutional attack on Philadelphia’s public-carry statute was waived and could not be recast as a nonwaivable illegal-sentence claim.
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State v. Burkeen — Court upheld vehicle stop based on reliable Facebook posts and corroborating evidence
Case State of Oregon v. Timothy Scott Burkeen Court Oregon Court of Appeals Judge Joyce (Kate Brown, 2022) Date Decided
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State v. Gerkin — Reversed DUII conviction because rushed Miranda warnings were incomprehensible
Case State of Oregon v. Alex Gerkin Court Oregon Court of Appeals Judge Joyce (Kate Brown, 2022) Date Decided August
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People v. Maldonado — Exclusion from competency hearing was harmless where presence would not aid fairness
A defendant’s absence from a pretrial competency hearing did not require reversal because his presence would not have contributed to the hearing’s fairness.
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Olmos v. Cimino — Suspicionless probation search of flip phone may violate Fourth Amendment
Probation terms allowing warrantless property searches did not clearly authorize officers to conduct a suspicionless search of a probationer’s phone photographs.
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State v. Green — First Circuit orders hearing on out-of-time appeal
Case State of Louisiana v. Lorenzo Green Court Louisiana Court of Appeal, First Circuit Judge Wolfe (elected 2020); Stromberg (elected
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Palmer — SJC defines when a police pursuit becomes a seizure
The Massachusetts SJC held that a coordinated foot pursuit seized a suspect before he discarded drugs, but upheld the stop based on preexisting reasonable suspicion.