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Criminal Practice
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July 02, 2025
BREAKING: Combs Cleared Of Most Serious Charges
A Manhattan federal jury on Wednesday convicted Sean "Diddy" Combs of transporting two former girlfriends for prostitution, but cleared the hip-hop mogul on prosecutors' top racketeering and sex-trafficking charges that could have sent him to prison for decades.
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July 01, 2025
Racist Jury Selection Affords Ala. Death Row Inmate New Trial
A Black man sentenced to death by the state of Alabama for murdering a sheriff has been granted a new trial by the Eleventh Circuit, which found that the state violated his constitutional right to equal protection by habitually eliminating potential Black jurors from cases like his in a discriminatory manner.
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July 01, 2025
Illinois Court Orders Additional Look At Shooting Conviction
An appeals court in Illinois has ruled that a man accused of committing a drive-by shooting in Chicago must be given a second chance at a postconviction petition because his counsel had not properly made arguments about evidence that could exonerate him.
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July 01, 2025
The Sharpest Dissents From The Supreme Court Term
The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.
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July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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July 01, 2025
Compounding Restitution Is Unconstitutional, High Court Told
Nonprofits, think tanks and legal scholars filed briefs this week urging the U.S. Supreme Court to rule that a federal law requiring criminals to continue paying restitution with compounding interest for decades after conviction is unconstitutional because it can exponentially increase punishment for a crime.
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June 30, 2025
NY Court Grants Man New Trial, Allows Affirmative Defense
A man convicted of murder for his role in a robbery that left one victim dead should have been allowed to present evidence that he didn't know his codefendants were planning a crime when he drove them to the scene, a New York state appeals court said, granting him a new trial.
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June 30, 2025
FCC To Screen Regulatory Offenses For Criminal Liability
The Federal Communications Commission has outlined criteria to decide when regulatory offenses should lead to criminal liability, responding to a White House executive order issued to federal agencies in May.
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June 30, 2025
Fla. Man Gets New Sentence Due To Ineffective Atty
A Florida man convicted of molestation charges will be resentenced after an appeals court Friday agreed that his appellate counsel was ineffective for failing to object to an erroneously calculated sentence pronounced without the defendant present.
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June 30, 2025
Sotomayor Urges Tenn. To Address Jury Instruction Issue
U.S. Supreme Court Justice Sonia Sotomayor said that Tennessee's high court should fix a logical knot that she says makes it impossible to get a verdict of voluntary manslaughter in the state, in a statement on Monday that came alongside the court's refusal to review a second-degree murder case centering on jury instructions.
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June 30, 2025
Teen's Family Can't Stay Anonymous In Grindr Death Suit
A Florida federal judge won't let the family of a 16-year-old who was allegedly killed after matching with a 35-year-old man on Grindr proceed anonymously in their suit against the company, saying they haven't shown that their privacy concerns outweigh the public interest in disclosure.
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June 30, 2025
Justices To Resolve Split On Supervised Release Fugitives
The U.S. Supreme Court agreed Monday to hear arguments in a case poised to resolve a sharp circuit split over whether the "fugitive tolling" doctrine barring criminal defendants from earning credits to reduce prison sentences while they are not behind bars also should apply to defendants who abscond from supervised release.
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June 30, 2025
Ex-Ohio Speaker Calls 6th Circ. Bribery Ruling A 'Stretch'
Former Ohio House of Representatives Speaker Larry Householder urged the Sixth Circuit to rethink its decision to stand by his bribery conviction over the FirstEnergy nuclear bailout scandal that got him 20 years in prison, arguing the panel made "an illegal stretch" in assuming the jurors undertook proper analysis despite allegedly improper instructions.
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June 27, 2025
Ill. High Court Says State Handgun Laws Comply With Bruen
A split Illinois Supreme Court on Friday ruled that the state's requirement that handgun owners maintain both a concealed weapon permit and a separate Firearm Owner's Identification Card is legal and not preempted by a recent decision by the U.S. Supreme Court.
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June 27, 2025
NY Man Wins New Trial Over Jury Instruction Issue
A man who was convicted of criminal weapons possession for firing a gun on a Brooklyn street was granted a new trial by the New York state appeals court, which found a trial court hadn't explained to the jury that it was sometimes legal to snatch a gun in self-defense.
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June 27, 2025
Pregnancy Loss Draws Police Scrutiny Following Dobbs
The nation's abortion debate has played out in civil courtrooms and state capitols across the country since the overturning of Roe v. Wade three years ago. But the battle is also emerging in another arena: the criminal courts.
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June 27, 2025
How States Are Rethinking Life Without Parole For Youth
A wave of recent state high court rulings, including a landmark decision in Michigan in April, has curtailed the use of mandatory life without parole for defendants under 21, citing evolving standards of decency and brain science. Hundreds of incarcerated individuals in Michigan are now eligible for resentencing, but the reforms face resistance from prosecutors, victims’ rights advocates, and dissenting justices who warn of consequences for public safety and judicial overreach.
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June 27, 2025
Colo. Appeals Court Clarifies Meaning Of Molotov Cocktail
A Colorado state appeals court has ruled for the first time on the interpretation of state laws around explosives and incendiary devices, stating that lawmakers "intended 'explosive' to carry the same meaning as 'incendiary device.'"
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June 27, 2025
Mass. High Court Says Bias In Police Stop Taints Evidence
A Massachusetts judge should have granted a motion to suppress evidence — in this case, a bag of cocaine — found after a driver ran from police who had presumably racially profiled him, the state's highest court said Friday.
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June 27, 2025
DOJ Tax Division To Split Criminal, Civil Units, Official Says
The U.S. Department of Justice aims to finalize a reorganization plan for its Tax Division by summer's end that would separate the criminal and civil tax functions and relocate them to the department's main branches, a department official said Friday.
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June 27, 2025
Combs Defense Atty Blasts 'Fake Trial' In Closing Argument
A lawyer for Sean "Diddy" Combs on Friday attacked the legitimacy of the government's racketeering case, accusing prosecutors of invading the hip-hop icon's private sex life and saying two women he is alleged to have trafficked are motivated by money.
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June 26, 2025
NY Court Suppresses Evidence Due To Cannabis Law Change
A man's guilty plea to possessing cocaine was vacated Thursday after a New York appeals court allowed suppression of evidence gleaned from a police search prompted by a cannabis smell, because the state barred this exact practice days after his indictment.
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June 26, 2025
Mass. Court Lets Man Try Again To Escape Ankle Monitor
A convicted rapist in Massachusetts who spent nearly 16 years in prison will get a second shot at challenging how long he must wear a GPS monitor now that he's been released, after a state appellate court on Thursday ruled a lower court did not properly weigh his constitutional rights.
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June 26, 2025
Combs Used Business 'Kingdom' For Crime Spree, Feds Say
Sean "Diddy" Combs used his power, wealth and a "small army" of employees to commit crimes including sex trafficking for 20 years, a prosecutor told a Manhattan federal jury Thursday as the hip-hop mogul's trial neared an end.
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June 26, 2025
Justices Expand Reach Of First Step Act In Resentencings
The U.S. Supreme Court ruled Thursday that defendants can benefit from lighter sentences under the First Step Act if they were sentenced prior to the 2018 criminal justice reform law but later resentenced after their original sentences were tossed.
Expert Analysis
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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What Baseball Can Teach Criminal Attys About Rule Of Lenity
Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Perspectives
Justices' Sentencing Ruling Is More Of A Ripple Than A Wave
The U.S. Supreme Court’s decision last week in Esteras v. U.S., limiting the factors that lower courts may consider in imposing prison sentences for supervised release violations, is symbolically important, but its real-world impact will likely be muted for several reasons, say attorneys at Perkins Coie.
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Court Rulings Warn Against Oversharing With Experts
Recent decisions, including in bad faith insurance cases, demonstrate that when settlement information documents are inadvertently shared with testifying experts, courts may see no recourse but to strike the entire report or disqualify the expert, says Richard Mason at MasonADR.
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Perspectives
Reading Tea Leaves In High Court's Criminal Law Decisions
The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.