News & Analysis as of

Criminal Procedure

Perkins Coie

Second Circuit Adds to Circuit Split on Forfeiting Property Defendants Never Actually Acquired

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Can a court order a criminal defendant to forfeit property the defendant never actually obtained? - That was the central question facing the U.S. Court of Appeals for the Second Circuit in United States v. Elias, decided...more

Carlton Fields

Florida Appeals Court Decisions Week of October 6 - 10, 2025

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U.S. Eleventh Circuit Court of Appeals - USA v. Dorelus - sentencing - Burt v. UF Pres - en banc order, vacating this opinion; appellate jurisdiction...more

Bradley Arant Boult Cummings LLP

‘Brady Wrapped in Jencks Packaging’, How Categories of Exculpatory Evidence Can Be Conflated to Delay Production, and How Defense...

Rooted in the due process clauses of the Fifth and Fourteenth Amendments, Brady requires the govern­ment to disclose exculpatory evidence, that is, “ev­idence favorable to the accused” which is “material to either guilt or...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

United States v. Walters: Third Circuit Clarifies Client Authority Over Stipulations To Offense Elements

The Third Circuit in United States v. Walters (Sept. 4, 2025) recently addressed a recurring question in federal criminal practice: must a client consent to a stipulation as to an element of a charged offense? The Court’s...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 69 - Unpacking Cashless Bail: Equity vs. Public Safety

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The debate over cashless bail has intensified following an August Executive Order calling for its nationwide elimination. In this episode, host Matt Adams moderates a conversation featuring dueling perspectives on the...more

Holland & Knight LLP

Podcast - Bad Facts Make Bad Law

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the exclusionary rule, which states that evidence obtained by illegal methods must be excluded at trial. In the Cammarata...more

Carlton Fields

Florida Appeals Court Decisions Week of September 8 - 12, 2025

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U.S. Eleventh Circuit Court of Appeals - CMYK Enters v. Advanced Print - procedure, dismissing claims to appeal, Rules 41 and 54(b) - USA v. Taylor - postconviction relief - USA v. Gaines - firearm possession, felons...more

Awatif Mohammad Shoqi Advocates & Legal...

The Extradition Process Between Ireland And The UAE

Extradition is the process of handing over a person, accused of a particular crime, to the jurisdiction where the crime was undertaken. The agreement on extradition between UAE and Ireland (“Extradition Treaty”) came into...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 324: Listen and Learn -- Self-Defense and Defense of Others

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Welcome back to the Bar Exam Toolbox podcast! In this episode we explain the legal concepts of self-defense and defense of others, focusing on their importance in criminal law and in bar exam scenarios.   In this episode, we...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 322: Listen and Learn -- Criminal Procedure: Identifications (Part 2)

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Welcome back to the Bar Exam Toolbox podcast! This episode continues the discussion on criminal identification procedures, focusing on potential due process violation issues. Through analyzing a hypothetical scenario, we...more

Saul Ewing LLP

The JustPod: International Prisoner Transfers: A Conversation with Bruce Zagaris

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The JustPod is a podcast of the American Bar Association's Criminal Justice Section, hosted by Justin Danilewitz and Geonard Butler. This episode features a discussion with Bruce Zagaris, a Partner in the Washington, DC...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 321: Listen and Learn -- Criminal Procedure: Identifications (Part 1)

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Welcome back to the Bar Exam Toolbox podcast! Today we're talking about the rules and timing of the different types of criminal identification procedures. Join us next week when we'll continue the discussion of this topic. ...more

Jackson Walker

Fifth Circuit Criminal Opinions: Insights and Analyses Part VI

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Welcome to another monthly roundup of notable Fifth Circuit Criminal and White Collar-related case updates. July was a relatively quiet month for published criminal decisions, with the Court issuing just three new decisions,...more

McGuireWoods LLP

Of Course Claiming “Ineffective Assistance of Counsel” Waives Privilege Protection, But …

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Since lawyers draft their own ethics rules, they unsurprisingly include provisions allowing them to disclose client confidences to defend themselves from clients’ (and even third parties’) attacks. A paradigmatic example...more

Bradley Arant Boult Cummings LLP

Eleventh Circuit Expands Government’s Authority Under the Mandatory Victims Restitution Act to Collect Unsatisfied Restitution...

In United States v. Mims, No. 22-13215, 2025 WL 1934570 (11th Cir., July 15, 2025), the Eleventh Circuit addressed a relatively straightforward question of first impression: “whether a district court continues to have...more

Awatif Mohammad Shoqi Advocates & Legal...

“Reconciliation Is Better”

The Dubai public prosecution has launched an initiative to improve the dispute resolution process in the Emirate. The “Reconciliation is Better” initiative has been introduced in order to promote the resolution of disputes...more

Holland & Knight LLP

Just Press "Play"

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small highlights the critical role voice recordings can play in court. He details three primary ways to obtain recordings: wiretaps,...more

Carlton Fields

Florida Appeals Court Decisions Week of July 21 - 25, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Am Sec Ass’n v. SEC - APA, rule challenge - Weinstein v. 440 Corp - Rule 41(a), dismissal ...more

WilmerHale

UK Independent Review of the Criminal Courts - Part 1

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On 9 July 2025, part 1 of the Independent Review of the Criminal Courts, chaired by Sir Brian Leveson was published (the Report). Leveson was tasked by the UK Ministry of Justice with conducting a wide-ranging review of the...more

McCarter & English, LLP

SCOTUS Limits Sentencing for Supervised Release Violations to Rehabilitation

In a 7-2 decision, the United States Supreme Court has limited the factors a district court can consider when sentencing a defendant for a revocation of supervised release. The Supreme Court held that district courts cannot...more

Perkins Coie

US Supreme Court’s Esteras Ruling on Factoring “Retribution” Into Supervised Release Decisions Will Likely Have Limited Practical...

Perkins Coie on

The Supreme Court of the United States’ decision last week in Esteras v. United States restricted the factors lower courts may consider in imposing prison sentences following supervised release revocations. Those awaiting the...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 64 - Cages We Built: The Making of Mass Incarceration in America

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The U.S. imprisons a larger percentage of its population than any other country in the world. How did we get here? Rachel Barkow, Charles Seligson Professor of Law and Faculty Director of the Zimroth Center on the...more

Saul Ewing LLP

The JustPod: Volunteering for the Death Penalty: Our Discussion with Award-Winning Journalist Gianna Toboni and Her Debut Book...

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The JustPod is a podcast of the American Bar Association's Criminal Justice Section, hosted by Justin Danilewitz and Geonard Butler. This episode features a discussion with Award-Winning Journalist Gianna Toboni about her...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 313: Spotlight on Criminal Law (Part 3)

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Welcome back to the Bar Exam Toolbox podcast! This is the final installment of the summary of Criminal Law topics we've covered in our "Listen and Learn" series. Today, we're reviewing crimes against the person, the felony...more

Kohrman Jackson & Krantz LLP

Key Differences Between Juvenile Court and Adult Criminal Court

It’s difficult to imagine anything more terrifying and devastating than your child being charged with a crime. At a time when you want to do everything in your power to protect your child, parents sometimes find themselves...more

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