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Criminal Litigation & Procedure

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Study of the Administrative Office of the U.S. Courts’ Wiretap Report

David E. Rauma, James B. Eaglin, Carly E. Giffin, Marvin L. Astrada
December 16, 2021

This report presents the findings from focus groups conducted with judiciary and nonjudiciary stakeholders on the Administrative Office of the U.S. Courts' Wiretap Report.

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Term Talk: Terry v. United States, Van Buren v. United States

James A. Chance, Evan Lee, Laurie Levenson
October 28, 2021

Federal Criminal Statutes. Experts discuss the Court’s refusal to read statutes broadly and the importance of judges considering the impacts of race and addiction in sentencing. 

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Term Talk: Jones v. Mississippi, Edwards v. Vannoy

James A. Chance, Suzanna Sherry, Laurie Levenson
October 28, 2021

Constitutional Criminal Law. Experts discuss the Supreme Court’s elimination of the Watershed Exception for procedural rule changes in Edwards v. Vannoy, and the lack of need for specific findings in life without parole sentencing of juveniles in Jones v. Mississippi.  

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Term Talk: Caniglia v. Strom, Lange v. CA, Torres v. Madrid

Edwin Chemerinsky, Laurie Levenson, James A. Chance
October 7, 2021

Fourth Amendment. Search and Seizure. Watch experts discuss the Court’s refusal to broaden the Community Caretaking exception and doctrine of hot pursuit in favor of protecting privacy in the home, and the different standards applied to seizure in civil and criminal cases. 

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Amendments to the Federal Rules of Practice and Procedure 2022—Transmittal to the Judicial Conference

September 1, 2021

This package of materials was transmitted to the Judicial Conference, and it includes proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2022.

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Case Commentary: Montes v. Toscano (In re M.V.U.), 2020 IL App (1st) 191762

James D. Garbolino
March 18, 2021

Domestic Violence | Grave Risk | Child Not a Target of Abuse | No Expert Witness Required to Testify to Psychological Dangers to the Child

This case addressed the question whether domestic violence against a parent poses grave risk to a child.

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Term Talk: McGirt v. Oklahoma, Kansas v. Glover

Evan Lee, Elizabeth C. Wiggins
December 7, 2020

Criminal Law, Native American Law. Experts discuss a criminal law jurisdictional ruling impacting nearly half of Oklahoma land and with implications across a broad array of laws and regulations. Also discussed is how Kansas v. Glover’s narrow holding prompts questions about future interpretations of reasonable suspicion traffic stops if applied to the many possible differing factual scenarios.

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The State Court Perspective

Loretta Rush
December 3, 2020

Chief Justice Loretta Rush (Indiana Supreme Court) shares her experience as a chair of the National Judicial Opioid Task Force, presenting the findings of the task force as well as new resources and a call for enhanced cooperation between federal and state courts in addressing the opioid crisis. 

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Biology, Neurobiology, and Chemistry of Opioid Use Disorder

Wilson Compton, Jason A. Cantone
December 3, 2020

Dr. Wilson Compton, deputy director of the National Institute on Drug Abuse (NIDA), explains what judges need to know about the biology, neurobiology, and chemistry of opioid use disorder.

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Alternative Court Programs

Joseph LaFratta, Mary Page Kelley, Jason A. Cantone
December 3, 2020

Chief Magistrate Judge M. Page Kelley (D. Mass.) and Deputy Chief Probation Officer Joseph LaFratta (D. Mass.) discuss the structure, commitment required, and lessons learned from their court’s experience with a successful drug treatment court program. 

 

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