Criminal Law

Does the law regarding motor vehicle seizure when a person is charged with felony speeding to elude arrest or an offense involving impaired driving apply to juveniles? If the case is subject to […]

If Interim and nominee for United States Attorney for the District of Columbia Ed Martin’s bizarre overreach by sending a letter to Georgetown Law School was worthy of a Cleveland Brown’s […]

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on April 16, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a free […]

There are some reasons why people have lost faith in the competence of physicians. They don’t have all the answers. They can often be smug and dismissive toward patients. Medical malpractice has […]

When you’re injured in an accident, you may assume that any insurance coverage you have—health, auto, or otherwise—will take care of your bills without strings attached. But if another party is […]

When shots rang out at the Galleria Mall in Birmingham, Alabama, two things happened at pretty much the same time. Two police officers went toward the sound of gunfire, and one Good Samaritan drew […]

As the debate over gun control continues to rage in the United States, citizens who own guns struggle to keep up with the changing political landscape and changing laws. The questions are endless. […]

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It was after 1 am on a Saturday morning, well after scotch o’clock at the Supreme Court of the United States, when the order issued. There is before the Court an application on behalf of a putative […]

Being accused of a crime is a serious matter that can turn your life upside down in an instant. You might be feeling overwhelmed, unsure of your next move, and worried about what the future holds. […]

The most common Minnesota Tax Crimes that we see are failing to file and failing to pay taxes, pursuant to Minn. Stat. 289A.63, subd. 1. The statute dictates that the severity level of the crime is […]

Prefatory note: I fully intended to take this week off. It’s a rare weekend when both my in-laws visit and it’s Wrestlemania weekend so I wanted to thoroughly enjoy it. Then some unpleasantness […]

They got a conservative judge in a conservative circuit, and still Trump got crushed when Fourth Circuit Judge J. Harvie Wilkinson III, joined by  Judges Robert King and Stephanie Thacker, […]

Three chapters in the criminal law section of the Superior Court Judges’ Benchbook recently have been updated. Among those chapters is Joinder and Severance, which addresses the joinder and […]

There is a problem in higher education, and that problem was evident in Harvard Yard when tents were set up, students were harassed, classes were disrupted, and students were prevented from getting […]

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during March 2025. Cases of potential interest to state practitioners are summarized […]

Between the non-responsive, if downright moronic, updates tendered by the government as to the status of Kilmar Armando Abrego Garcia, and the show pony press conference with peculiarly attired […]

Field drug tests are often treated as if they’re definitive. You’re told the results came back positive, and that’s that. But if you’ve been charged in Colorado based on one of these tests, […]

From the outside, it appeared that Paul Weiss’ capitulation to Trump was a shameful act of cowardice. Yet, others followed, even though there were no Executive Orders issued against them and, as […]

A couple of weeks ago, the Supreme Court decided Bondi v. VanDerStok, 604 U.S. __ (2025). It is an administrative law case, not a Second Amendment case, but folks interested in firearms law will […]

Not even the most dyed-in-the-wool progressives would seriously contend that the federal government was a good steward of our tax dollars. Years ago, it was $600 toilet seats and a bridge to nowhere. […]

Yesterday, the U.S. Supreme Court issued an order partly granting and partly denying the Department of Homeland Security’s application in the case of the deportation of Kilmar Abrego Garcia to El […]

A woman was babysitting a child near Great Bend, Kansas, when the child she was watching complained of a monster under the bed. Seeking to assuage the child’s fear, the babysitter checked under the […]

This post is about the recurring issue of the requirement for a court to make findings of “good cause shown and stated” to preserve its jurisdiction to act on an alleged probation violation after […]

People across Maryland and around the country have followed with ever-increasing closeness the deportation case of Prince George’s County resident Kilmar Abrego Garcia. The case has brought several […]

The defendant in State v. Bell, No. 86A02-2 (N.C. March 21, 2025), failed to object to gender-based discrimination during jury selection. Accordingly, the North Carolina Supreme Court concluded that […]

The U.S. Supreme Court has resolved the case of deportation of Venezuelans alleged to be members of the Tren de Aragua gang, just as I said in this post on March 26. The case that arrived in the […]

The United States has sought Supreme Court review of an order of a federal district court ordering the Government to effect the return of an alien who has already been deported and is in the custody […]

On April 2, 2025, a devastating incident during a high school track meet in Frisco left a community in mourning and raised difficult questions about youth violence and the fragile line between […]

As a criminal defense attorney with over three decades of experience representing clients charged with Retail Theft and Burglary throughout Illinois, I’m often asked whether someone can be charged […]

“Moving the goalposts” is widely recognized as an unfair thing to do. In criminal law, the issue rises to a constitutional one. From the beginning, the Constitution has forbidden both Congress […]

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on April 2, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a free […]

On Wednesday, the Michigan Supreme Court held in a 5-1 opinion that the odor of marijuana alone isn’t a sufficient reason for police to conduct a warrantless search of a car. In 2018, the […]

The National Center for State Courts (NCSC) recently published a report addressing “unprecedented challenges” facing juries and jury trials. The report opined that these challenges include both […]

No one wakes up expecting to be charged with vehicular homicide. One moment you’re driving—then everything changes. Lights, sirens, questions you don’t know how to answer. And just like that, […]

Author’s Note: The Court of Appeals withdrew the State v. Watlington decision—on which this post is partially based—on April 7, 2025 and reissued the decision on April 16, 2025. The relevant […]

U.S. Attorney General Pam Bondi has decided to seek the death penalty for Luigi Mangione. The press release says: “Luigi Mangione’s murder of Brian Thompson — an innocent man and father of two […]

Five years ago New York state adopted “bail reform” which essentially eliminated bail for every arrestee except for murderers and rapists. Two years earlier the Massachusetts Supreme Judicial […]

Author’s Note: This post has been modified from its original based on the reissuance of the opinion on April 16, 2025.  Earlier last month, the Court of Appeals decided State v. Watlington, […]

Identity theft is no joke. A single accusation can swiftly and permanently change your future’s trajectory. Nebraska law takes these cases seriously, and punishment is severe. But what is the […]

Many will probably remember news stories in 2023 covering a young illegal immigrant from Venezuela bragging about how easy it was to get money from the U.S. government and squat in a vacant house […]

The practice of individual federal judges issuing nationwide injunctions against particular government actions has long been the subject of complaints from both sides of the political aisle. At each […]

White-collar crimes happen behind computer screens, in boardrooms, or through a simple email. For the accused, the situation can be overwhelming. One wrong move, one misunderstood email, or even an […]

Driving under the influence (DUI) is one of the most serious and aggressively prosecuted offenses in Illinois. If you are facing DUI charges in 2025, you need to understand how Illinois DUI laws […]

The Government has applied to the Chief Justice to vacate the District Court’s orders in the Venezuelan gang case, noted in this post.  The application is here. Jess Bravin has this story in the […]

On Wednesday, the U.S. Supreme Court upheld a federal regulation requiring, among other things, that those who make or sell “ghost guns” or “gun kits” must mark their products with serial […]

Getting pulled over can be nerve-wracking. The flashing lights in your mirror, the officer’s request for your license and registration, and the dreaded question: Can you step out of the vehicle for […]

There’s a knock at your hospital room door. A uniformed officer steps in, eyes scanning the IV line running into your arm. They want your blood—specifically, your blood test results for a […]

A single piece of evidence can mean the difference between conviction and acquittal. But what happens when evidence is lost, destroyed, or tampered with? Understanding the preservation of evidence is […]

Nebraska sits at a legal crossroads when it comes to THC. Unlike many states that have embraced cannabis reform, Nebraska maintains strict laws regarding marijuana and its derivatives. So, is Delta 9 […]