New Michigan Law School #DataforDefenders Daubert motion challenges scientific reliability of shaken baby syndrome testimony. It describes history of SBS, shows how biomechanics undermine it, & how triad of symptoms used to diagnose it can have non-abusives causes. datafordefenders.org

Mom is accused of child endangerment but jury acquits. Mom then sues officer under 4th Amendment. No QI for officer who searched mom's apartment during welfare check and who took teenager away, 5th Circuit rules. No exigency justified that. storage.courtlistener.com/pdf/2025/06/27… #N

With SB407 law, Nevada protects public defense and puts justice > politics. 6ac.org/nevada-removes… #RightToCounsel

More generally, the Brady rule is imho an under-used tool of police accountability. When officers commit misconduct, and especially when the DOJ has alleged a *pattern or practice* of misconduct, state prosecutors must find + disclose the misconduct evidence. Link in next post.

A justice of MA's high court has issued an order: (1) paving the way for unrepresented defendants to be released amid atty work stoppage; & (2) finding atty compensation rates starting at $65/hr "have proven inadequate to secure the representation... of indigent defendants."

This spot on the defendant's driveway—here, photo from the officer's body-worn camera—was not close enough to the home to be in the Fourth Amendment curtilage, Third Circuit rules 2-1 (per Bibas with Phipps; Ambro disagreeing). storage.courtlistener.com/pdf/2025/07/03… #N

7th Circuit creates a split with other courts on a question I often discuss in my CrimPro class: Can officers lift a mattress to see underneath as part of a Buie protective sweep? Here, answering 'no'. storage.courtlistener.com/pdf/2025/07/17… #N

This is *so* cool -- a new website that lets you track the evolution of the Michigan constitution (and other state constitutions) over time. 50constitutions.org/mi

A suspect's unprovoked flight from the police in a high-crime neighborhood does not create reasonable suspicion to stop them, DC Ct of Appeals rules (following a 2024 precedent that took an extremely narrow view of SCOTUS's ruling in Ill v. Wardlow). dccourts.gov/sites/default/… #N

Orin Kerr We have a good (at least for my clients) case in Kansas on this issue where the KS SC held that someone cannot give consent to *search* their person while being patted down for weapons. Spagnola, 295 Kan. 1098 (2012).

Fascinating article about the ways that a suspect's race and disability can combine to prejudice police officers' views of a suspect and lead to a false confession. thejusticegap.com/why-do-false-c…

For more on Dr. Kranendonk and her study, see politieacademie.nl/en/about-us/ne…. The subject of how to interview disabled suspects has not been studied enough (esp. in US) and this book fills a huge void. Hopefully, it will spur studies in the US.

More than 100 retired Massachusetts judges have signed a letter calling for “fair pay” for attorneys who take on indigent criminal defendants as those lawyers continue to not work in an appeal for higher pay. trib.al/eKvrUPM

Defendant had a constitutional right not to consent to a search of his phone, so the court can't use his refusal to consent as an aggravating factor to increase his sentence following conviction, Ohio state appellate court rules. (h/t John Wesley Hall) supremecourt.ohio.gov/rod/docs/pdf/6… #N

Washington State Counties Can Sue State Over Public Defense Funding "The public importance of adequate funding for indigent criminal defense is self-evident, notwithstanding the state's arguments to the contrary," the panel wrote. law360.com/appellate/arti…

Are you a rising 3L or recent law grad and an aspiring public defender? Want great supervision and low caseloads? If so, consider applying for the E. Barrett Prettyman fellowship. apply.interfolio.com/170321

Apply today! The Bronx Defenders seeks law graduates & entry-level attorneys to join their Family Defense, Criminal Defense, Immigration & Civil Action Practices for Fall 2026: buff.ly/O1j5Yb7 And check out NACDL’s Job Board for more opportunities: buff.ly/87I6WwX

New Michigan Law School #DataforDefenders brief explaining that individuals w/intellectual disabilities have reduced culpability & should be treated at sentencing similar to juveniles, including banning mandatory life without parole datafordefenders.org

New Michigan Law School #DataforDefenders brief arguing that even frequent drug use does not necessarily indicate a substance abuse disorder and should not be treated as if it does in family and/or criminal proceedings: datafordefenders.org

The Alaska Public Defender agency is hiring attorneys - pay ranges from $92,000 - $208,552/year details here: pda.doa.alaska.gov/employment/att…