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Commentary: Exploring Implications of the Supreme Court’s Expansion of Second Amendment Rights
Loaded on July 15, 2022
by Professor Douglas A. Berman
published in Criminal Legal News
August, 2022, page 32
by Douglas A. Berman
This content was originally published on sentencing.typepad.com, as three distinct blog postings on June 23 and 24, 2022, and included several embedded hyperlinks to research referenced. The posts have been combined and reprinted here with permission.
On June 23, The Supreme Court handed down ...
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More from this issue:
- Prosecutorial Extortion: Alleged Drug Dealer Agrees to $300,000 Seizure in Face of Charges Threatened Against Entire Family, by David Reutter
- Seventh Circuit Vacates Sentence Because Government Failed to Meet Its Burden to Support Uncharged Drug Quantity Under Rule 32, by Douglas Ankney
- Drug Detection Dogs Are Unreliable and Reflect the Vicious Heritage of Their Slave-Hunting Dog and Police-Dog Predecessors, by Matthew Clarke
- Texas Court of Criminal Appeals Clarifies Prejudice Standard for IAC Based on Faulty Probation Eligibility Advice Is an Effect on Defendant’s Decision Making, Not Different Outcome, by Mark Wilson
- Everybody’s Guilty: To the Police State, We’re All Criminals Until We Prove Otherwise, by Nisha Whitehead, John W. Whitehead
- Colorado Supreme Court Announces ‘Reasonable Likelihood’ Framework for Determining Whether Trial Court’s Comments to Prospective Jurors Lowered Prosecution’s Burden of Proof, by Douglas Ankney
- Iowa Supreme Court: Warrantless Entry Into Home for Misdemeanor Arrest Violates Both U.S. and Iowa Constitutions and Requires Suppression of Evidence, by Mark Wilson
- Police Often Use ‘Cover Charges’ to Mask False Arrests and Police Brutality, by Casey Bastian
- Eighth Circuit: Government Breached Plea Agreement by Relying on Pre-Plea Conduct to Dispute Acceptance of Responsibility Despite Acknowledging Defendant Qualified for Credit in Agreement, by Richard Resch
- California Supreme Court Announces Uncharged Lesser Firearm Enhancement May Be Substituted Under § 12022.53, by Mark Wilson
- California Court of Appeal: Gang Enhancements Remanded for Retrial Under AB 333; Sameness Requirement Satisfied
- Maryland Court of Appeals: Kazadi Applies to Cases Where Issue Was Preserved at Trial but Appeal Not Yet Noted at Time Kazadi Decided, by Douglas Ankney
- Third Circuit Suppresses Evidence Found After Police Created Safety Concern to Justify Prolonging Traffic Stop, by Anthony Accurso
- Fifth Circuit: District Court Miscalculated Sentencing Guidelines Range by Implausibly Finding Defendant Would Use All Cash Proceeds of Drug Sales Seized to Purchase More Meth to Resell, by Douglas Ankney
- California Supreme Court Announces Conspiracy to Commit Home Invasion Robbery Not Subject to Enhancement to Indeterminate Life Sentence Under Penal Code § 186.22(b)(4), by Matthew Clarke
- Commentary: Exploring Implications of the Supreme Court’s Expansion of Second Amendment Rights, by Professor Douglas A. Berman
- Third Circuit: District Court’s Focus on Substance of Defendant’s Meritless Arguments in Denying Request to Represent Himself Resulted in Inadequate Inquiry Prior to Denial in Violation of Sixth Amendment, by Matthew Clarke
- Fourth Circuit: South Carolina Marijuana Law Not a Categorical Match to Federal Law for ACCA Sentencing, by David Reutter
- Hawai’i Supreme Court Holds Randomness and Violent Nature of Crime Alone Insufficient to Establish Exigent Circumstances for Warrantless Entry Into Suspect’s Home, by Anthony Accurso
- Tenth Circuit: Guilty Plea Not Knowing and Voluntary Because Sentencing Court Failed to Ask Follow Up Questions After Defendant Said He’s Off His Medication and ‘Mind Isn’t Right’, by David Reutter
- Sixth Circuit: COA Not Required to Appeal Order Denying Rule 4(a)(5) Motion for Extension of Time to File Notice of Appeal, by Douglas Ankney
- Pennsylvania Supreme Court Clarifies Ex Post Facto Analysis Focuses on When, Not Where, Crime Occurred and Does Not Require Showing of Disadvantage to Defendant, by Douglas Ankney
- The War in Ukraine Raises Awareness About Secure Communications During a Crisis, by Douglas Ankney
- Inflation Transforming Petty Offenses Into Felonies, by Douglas Ankney
- Ohio Justice Calls for Plea Bargaining Reform to End ‘Sentencing by Ambush’, by David Reutter
- Your Data Is For Sale and Anonymization Is Meaningless, by Anthony Accurso
- Michigan Supreme Court Announces Punishment for Second-Degree Murder and Involuntary Manslaughter When Based on Same Conduct Violates Prohibition Against Double Jeopardy, by Anthony Accurso
- NYPD Continues Its Longstanding Tradition of Thwarting Misconduct Investigations and Evading Accountability, by Douglas Ankney
- FBI’s ‘Rich Neighborhood’ Breach Practice, by Jayson Hawkins
- Nebraska Company Providing Digital Wiretaps of Messaging Platforms to Law Enforcement Agencies, by Anthony Accurso
- Quattrone Center Reveals Lack of Transparency Concerning Prosecutorial Misconduct Claims Report identifies over 7,000 instances of state attorney conduct that ‘did not comport’ with ethical, procedural, or legal rules, by Casey Bastian
- Chicago PD Emphasizing Facial Recognition for Investigations, by Anthony Accurso
- Illinois Limits Police Access to Data Stored by Third Parties, by Anthony Accurso
- Border Patrol Agents Track and Spy on U.S. Journalists and Unidentified Members of Congress, by Douglas Ankney
- ‘Freedom Commons Academy’ Provides Former Prisoners Housing and Structured Re-entry Services in Syracuse, by Casey Bastian
- Maine’s Law Enforcement Agencies, Like Those of Most States, Don’t Track Complaints Against Police Officers, by Douglas Ankney
- Prosecutor’s Sentencing Message to Defendant: Insist on Trial, Pay with Your Liberty, by David Reutter
- News in Brief
More from Professor Douglas A. Berman:
- Commentary: Exploring Implications of the Supreme Court’s Expansion of Second Amendment Rights, July 15, 2022
- Spirited (But Problematic?) Advocacy for Bernie Madoff to Receive Compassionate Relief, March 17, 2020
- Another notable (but ultimately disappointing) ruling about sentence reductions under § 3582(c)(1)(A) after FIRST STEP Act, Nov. 18, 2019
More from these topics:
- Ninth Circuit Announces California Assault With Deadly Weapon Conviction Not ‘Crime of Violence’ for Career Offender Enhancement Under Sentencing Guidelines, Feb. 1, 2025. Career Offenders, Gun Laws/Crimes, Sentence Enhancements/Departures.
- Maryland Supreme Court: Firearms Identification Methodology Does Not Provide Reliable Basis for Expert’s Unqualified Opinion That Bullets Recovered at Crime Scene Were Fired From Defendant’s Gun, Oct. 1, 2023. Expert Witnesses, junk science, Gun Laws/Crimes.
- New York City’s DNA Gun Crimes Unit Reduces Turnaround Times for Gun Crimes by Half, Sept. 1, 2023. DNA Testing/Samples, Gun Laws/Crimes.
- Sixth Circuit Holds Bump Stocks Not Regulated Under Machinegun Statute, Sept. 1, 2023. Gun Laws/Crimes, Guns - Type of, Firearms.
- Fifth Circuit Announces Statute Prohibiting Firearm Possession by Person Subject to Domestic Violence Restraining Order Is Unconstitutional in Light of Bruen, Aug. 1, 2023. Domestic Violence, Gun Laws/Crimes.
- Maryland Sheriff Charged in Scheme to Fraudulently Obtain Machine Guns, April 28, 2023. Police/Govt Misconduct, Gun Laws/Crimes, Machine Guns.
- Gun Safety Group Defeats Re-Election of “Constitutional Sheriff” in Massachusetts, April 1, 2023. Gun Laws/Crimes, Election Laws.
- Registry of Approved Standards Adds Two New 3D Firearm Analysis Standards, Feb. 15, 2023. Gun Laws/Crimes.
- ATF: What Is a Gun?, May 15, 2020. Gun Laws/Crimes, Guns - Type of.
- Judge Urges Prosecution to Appeal Dismissal of Murder Charge, March 2, 2019. Fourth Amendment, rights, Second Amendment.
