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Sixth Amendment

Esquire Deposition Solutions, LLC

Federal Committee to Weigh Permitting Depositions in Criminal Cases

Federal criminal rules experts may soon begin studying something the federal criminal system has resisted for more than 80 years: allow parties to take pretrial depositions in criminal cases. A proposal to do just that landed...more

Carlton Fields

Florida Appeals Court Decisions Week of April 27 - May 1, 2026

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U.S. Eleventh Circuit Court of Appeals - USA v. Blair - Sixth Amendment, invasion of counsel, cell phone evidence, character evidence...more

Katten Muchin Rosenman LLP

OFAC Issues License Allowing Maduro’s Criminal Defense Counsel to Be Paid by Government of Venezuela, and then Revokes it

In a development that implicates the tension between the rights of criminal defendants to be represented by counsel of their choice, and the right of the U.S. Department of the Treasury’s Office of Foreign Assets Control...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Managing Your Client On the Witness Stand: SCOTUS Draws a Line on Mid-Testimony Coaching

The Supreme Court’s recent decision in Villarreal v. Texas takes up a familiar but often uncomfortable moment for trial lawyers: your client is on the stand, the day ends, and you have hours, sometimes overnight, to talk to...more

Dorsey & Whitney LLP

The Supreme Court Update - February 25, 2026

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On February 25, 2026, the Supreme Court of the United States issued two decisions: GEO Group, Inc. v. Menocal, No. 24-758: This case interprets the scope of federal appellate courts’ jurisdiction to review collateral...more

Bradley Arant Boult Cummings LLP

Supreme Court Holds That Restitution Is a Criminal Penalty; Decision Portends New Constitutional Arguments

On January 20, 2026, in Ellingburg v. United States, 607 U.S. ____ (2026), the Supreme Court considered whether the Ex Post Facto Clause applies to the Mandatory Victim Restitution Act (MVRA), the statutory basis for most...more

Epstein Becker & Green

Term Begins with Easy Unanimity, a Condition Soon to Be Forgotten - SCOTUS Today

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The U.S. Supreme Court has several highly contentious matters under consideration, or soon to be argued, including whether various presidential executive orders can survive separation-of-powers analysis....more

Law School Toolbox

Law School Toolbox Podcast Episode 530: Listen and Learn -- Criminal Procedure: Identifications (Part 1)

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Welcome back to the Law School Toolbox podcast! Today we're talking about the rules and timing of the different types of criminal identification procedures. This is Part 1 of a two-part episode.  In this episode we discuss: ...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

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

Cozen O'Connor

Democratic AGs Support Law Firms Subject to Executive Orders

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A group of 21 Democratic AGs filed amicus briefs in two cases pending in the U.S. District Court for the District of Columbia in support of law firms challenging President Trump’s Executive Orders imposing sanctions against...more

Dorsey & Whitney LLP

The Supreme Court Update - April 7, 2025

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Today, the Supreme Court of the United States granted certiorari in two cases: Ellingburg v. United States, No. 23-3129: This case addresses the Ex Post Facto Clause of the U.S. Constitution, which the government...more

ArentFox Schiff

Judge Rakoff Challenges Sentencing Guidelines: Upholding the Sixth Amendment

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On March 10, US District Judge Jed S. Rakoff of the Southern District of New York issued a decision in United States v. Tavberidze, holding that section 3E1.1(b) of the US Sentencing Guidelines, which provides a one-point...more

Lowenstein Sandler LLP

Judge Rakoff Takes Aim at ‘Trial Penalty’

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On March 10, 2025, U.S. District Judge Jed S. Rakoff of the Southern District of New York issued a decision in the case of United States v. Tavberidze, finding Section 3E1.1(b) of the United States Sentencing Guidelines in...more

Carlton Fields

Florida Appeals Court Decisions Week of February 24 - 28, 2025

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U.S. Eleventh Circuit Court of Appeals - USA v. Charles - sentencing - Miller v. Ramirez - qualified immunity, deferring ruling - Chapman v. Dunn - prison conditions, Eighth Amendment - USA v. Horn - securities...more

Dorsey & Whitney LLP

The Supreme Court Update - June 21, 2024

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The Supreme Court of the United States issued five decisions today: United States v. Rahimi, No. 22-915: This Second Amendment case addresses the constitutionality of 18 U.S.C. § 922(g)(8), which makes it a crime for an...more

Dorsey & Whitney LLP

The Supreme Court Update - May 30, 2024

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The Supreme Court of the United States issued three decisions today: Cantero v. Bank of America, N.A., No. 22-529: This case addresses the standard for determining when state laws that regulate national banks are...more

EDRM - Electronic Discovery Reference Model

[Webinar] ESI and Crimes: Catching Criminals and Protecting Rights - May 22nd, 1:00 pm - 2:00 pm ET

Electronic information in various forms is now a common feature in the investigation and prosecution of crimes. The search for and use of that information presents issues under the Fourth, Fifth, and Sixth Amendments as well...more

Cadwalader, Wickersham & Taft LLP

Joint Committee on Taxation Cautions Less Is Moore

Earlier in the summer, the Supreme Court announced a new case on its docket for the upcoming term, Moore v. United States, which we discussed here. The case has been set for argument on December 5....more

Patterson Belknap Webb & Tyler LLP

Second Circuit Affirms Conviction and Sentence of Defendant Who Posted Video Urging "Slaughter" of Members of United States...

In United States v. Hunt, the Second Circuit (Walker, Parker, and Bianco) affirmed the conviction and sentence of Brendan Hunt, who in the wake of the 2020 presidential election threatened prominent elected officials on...more

Dorsey & Whitney LLP

The Supreme Court Update - September 29, 2023

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Today, the Supreme Court of the United States granted certiorari in 12 cases: Moody v. NetChoice, LLC, No. 22-277: This case involves a First Amendment challenge to a Florida statute that restricts certain social media...more

Patterson Belknap Webb & Tyler LLP

Over Dissent, Circuit Embraces Strict “Collateral/Direct” Distinction for Ineffective Assistance of Counsel Claims

In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court held that attorneys must advise their noncitizen clients of the risk of deportation arising from criminal conviction, and that the failure to do so violates the...more

Dorsey & Whitney LLP

The Supreme Court Update - June 23, 2023

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The Supreme Court of the United States issued four decisions today: United States v. Texas, No. 22-58: This administrative law and separation of powers case addressed the ability of states to sue the executive branch...more

Epstein Becker & Green

Arbitration, Confrontation, Immigration, and Conversation on the Court’s Agenda Today – SCOTUS Today

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Of the four cases decided last Friday, the one that likely pertains to the largest number of this blog’s readers is Coinbase, Inc. v. Bielski, a 5-4 opinion delivered by Justice Kavanaugh, who wrote for himself, the Chief...more

Jackson Walker

Major Case Alert: Is the Fifth Circuit About to Transform How Courts Apply Sentencing Guidelines?

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On January 24, 2023, the United States Court of Appeals for the Fifth Circuit will sit en banc to decide how much deference courts should give commentary to the U.S. Sentencing Guidelines. The full Court will do so in the...more

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