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From the Editor Everything You Always Wanted to Know About Holdings and Dicta*
Loaded on March 15, 2025
by Richard Resch
published in Criminal Legal News
April, 2025, page 17
Filed under:
Editorials,
False Statements, Testimony or Documents,
Confessions and Statements of Defendant.
Location:
United States of America.
*But Were Afraid to Ask
by Richard Resch
As Andrew v. White, 220 L. Ed. 2d 340 (2025) (per curiam), illustrates, even highly accomplished legal professionals at the pinnacle of the profession can find themselves grappling with the subtle art of correctly identifying the holding(s) in court …
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More from this issue:
- A Guilty Voice: Is Voice Analysis Junk Science or Reliable Evidence?, by Clarence Walker Jr.
- SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process, by Sam Rutherford
- From the Editor Everything You Always Wanted to Know About Holdings and Dicta*, by Richard Resch
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, by Dale Chappell
- ‘Jack the Ripper’ Meets DNA Analysis, by James Mills
- Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication, by Douglas Ankney
- FBI Pressured Forensic Science Group to Censor Critical Workshops, Emails Reveal, by Michael Thompson
- Faster Justice: Rapid DNA Set to Expand Law Enforcement Reach, by Jo Ellen Nott
- Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W, by Anthony Accurso
- California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed, by Douglas Ankney
- Study Confirms New York City’s ShotSpotter Deployment Was a Costly Misstep, by Michael Thompson
- How Online Behavioral Ads Fuel Mass Surveillance, by Michael Thompson
- Trump Appoints ‘Pardon Czar’ at Black History Month Event, by James Mills
- Shakedown in New Mexico: Decades-Long Police Corruption Scandal Rocks Albuquerque’s DWI Unit, by Jo Ellen Nott
- Filming ICE Agents at Work: Know Your Rights, by Jo Ellen Nott
- Convicted Double Murderer Executed by Firing Squad in South Carolina, by David Kim
- Can Comics Help Juries Understand Complex DNA Evidence?, by Michael Thompson
- California Police Misused State Databases Over 7,000 Times in 2023, by James Mills
- Government Hacks Computers to Thwart Hackers, by James Mills
- Nebraska Supreme Court Announces ‘Working Days’ for Purposes of ‘Temporary Domicile’ SORA Reporting Requirement Means Weekdays, Excluding Legal Holidays, and Reverses Conviction for Failure to Register, by Sagi Schwartzberg
- California Court of Appeal Vacates Former NFL Star’s Rape Conviction Because Prosecutor’s Racial Statements During Closing Constituted ‘Racially Discriminatory Language’ in Violation of Racial Justice Act, by Phillip Wasserman, J.D.
- EFF Launches Rayhunter: A New Tool to Detect Covert Cellular Surveillance, by David Kim
- Pennsylvania Supreme Court Announces Commonwealth Must Prove Beyond a Reasonable Doubt Offender Knew of SORNA Registration Obligations for Failure to Register Conviction, by Sagi Schwartzberg
- Fifth Circuit Announces Definition of ‘Controlled Substance’ in Effect at Time of Current Sentencing Applies for Purposes of Career-Offender Enhancement, Not Definition at Time of Prior Sentencings, by Jeffrey Cohen
- Bite Marks and Broken Justice: A Louisiana Man’s Life and Death Struggle Against Junk Science, by David Kim
- Nevada Supreme Court: Theft Offenses and Possessing or Receiving Stolen Property Offenses Are Mutually Exclusive and Double Jeopardy Protections Bar Conviction for Both Offenses When Based on Same Conduct, by Douglas Ankney
- Virtual Injustice: How Remote Hearings Harm Incarcerated Defendants, by Jo Ellen Nott
- Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, by Douglas Ankney
- NEWS IN BRIEF
More from Richard Resch:
- Aphantasia: Why Truthful Witnesses Can Sound Like Liars, Jan. 1, 2026
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026
- Digital Parallel Construction: Detecting and Challenging Hidden AI, Jan. 1, 2026
- Eighth Circuit Announces Presidential Commutation Does Not Moot Challenge to Underlying Sentence, Jan. 1, 2026
- When AI Invents the Pixels: Challenging AI-Enhanced Video Evidence in Criminal Cases, Dec. 15, 2025
- SCOTUS Holds Sixth Amendment Requires Case-Specific Necessity Determination to Screen Child Witnesses, Rejecting Reliance on Mandatory State Statutes Based on Generalized Legislative Findings, Dec. 15, 2025
- Generative Suspicion: What Defense Lawyers Must Know About AI-Generated Police Reports, Nov. 15, 2025
- Special Digital Currencies Issue: Bitcoin and CBDCs What Is Bitcoin? The Answer to Government Surveillance and Control Through Money An Essential Introduction, Glossary of Multidisciplinary Terminology, and Colorful History, Aug. 15, 2025
- From the Editor, Aug. 15, 2025
- SCOTUS Announces Sentence ‘Has Not Been Imposed’ for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment but Sentence Subsequently Vacated, Aug. 1, 2025
More from these topics:
- From the Editor, Feb. 1, 2026. Editorials.
- From the Editor, Jan. 1, 2026. Editorials.
- Digital Parallel Construction: Detecting and Challenging Hidden AI, Jan. 1, 2026. Probable Cause, False Statements, Testimony or Documents, Evidence - Integrity/Reliability of, Official Report, Exculpatory Evidence - Disclosure Obligations.
- Ex-Wife of Minnesota DOC Commissioner Sentenced for Poisoning Attempt on Son, Dec. 1, 2025. Out of State Transfers, Sentencing, Conspiracies, Attempts, Solicitations, Confessions and Statements of Defendant, Plea Agreements/Guilty Pleas.
- From the Editor, Dec. 1, 2025. Editorials.
- From the Editor, Nov. 1, 2025. Editorials.
- From the Editor, Oct. 1, 2025. Editorials.
- $22.5 Million Verdict Arrives Too Late for Wrongfully Convicted Illinois Prisoner, July 15, 2025. Wrongful Conviction, Confessions - Coerced, Confessions and Statements of Defendant.
- From the Editor, June 1, 2025. Editorials.
- From the Editor, May 1, 2025. Editorials.
