Criminal Law Blog

Jul 15, 2016

Trial court finding of guilt reversed based on doctrine of “inherent incredibility” . . . for the first time in 50 years!

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Jun 29, 2016

Court didn’t shift the burden when instructing the jury that it could consider lack of alibi evidence

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Jun 07, 2016

Rule 41(b) and the Fourth Amendment permit search warrants for DNA evidence from a witness or a victim to a crime.

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Jun 03, 2016

Common law or not, element or term, “serious bodily harm” has a constant definition and a trial court must define it for the jury when asked.

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May 27, 2016

I'm NOT So Excited: Twelve-Minute 911 Call, During Which Caller Patiently and Rationally Answered Questions, Not Admissible as an "Excited Utterance"

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May 16, 2016

Crying Wolf? Finding of Competency and Denial of Motion to Withdraw Affirmed in Light of Defendant’s Perceived Malingering and Bad Faith.

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May 13, 2016

Misdemeanor threats to do bodily harm need not be “serious”

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May 13, 2016

If you desire a jury trial, be sure the building itself is open to the public before trespassing

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May 12, 2016

Don’t try to use booze as your defense to manslaughter or second-degree murder

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May 11, 2016

Chief Judge Washington expresses concern about government's decision to prosecute APO cases that arise from Mobile Crisis contacts with mentally ill individuals

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