When should a court interpret their state constitution’s constitution to provide more protection that the United States Constitution as interpreted by the federal courts? That is the issue in a recent case in Arizona. Reason has the story: ” Since joining the Arizona Supreme Court in 2016, libertarian litigator-turned-jurist Clint Bolick has made a name for himself as … Continue reading


The Evidence ProfBlogger has an interesting post about an Ohio judge who limited re-cross examination. There may well not be any judges who have not become frustrated with lawyers who drag out proceedings. And so the temptation is to just cut them off. But as this case illustrates better practice is be patient. Federal Rule of … Continue reading

Criminal Municipal Courts

A large part of The American Judges Association’s membership sit in limited jurisdiction courts…..municipal courts if you will. When the Association was founded the membership was almost exclusively judges who presided in limited jurisdiction courts. So an article about municipal courts in of all places the Harvard Law Review should be of interest to a … Continue reading

The Right To A Free Transcript

By CrimProf BlogEditor ShareGabriel Jackson Chin and Hannah Bogen (University of California, Davis – School of Law and affiliation not provided to SSRN) have posted Warren Court Incrementalism and Indigent Criminal Appellants’ Right to Trial Transcripts (51 University of the Pacific Law Review 667 (2020)) on SSRN. Here is the abstract: This is an article about forms. The Supreme Court has held that … Continue reading

The Right To A Speedy Trial In The Pandemic

Almost all of the states as well as many parts of Canada have struggled with balancing public health concerns and the right to a speedy trial. A federal judge says a South Dakota court can’t use the coronavirus pandemic as an excuse to delay a trial and in the same breath criticized South Dakota’s response to the pandemic, … Continue reading

Service Dogs Are OK?

By Evidence ProfBlogger Share The Americans With Disabilities Act defines a “service animal” as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service … Continue reading

Major Change In Auto Searches

Police can no longer search cars without a warrant unless there is both probable cause to believe a crime occurred and emergency circumstances that require immediate action, the Pennsylvania Supreme Court ruled in an opinion That’s a reversal for the court, which in a 2014 opinion in the case Commonwealth v. Gary had cleared the way for warrantless … Continue reading

A Canadian Perspective Of Implicit Bias

Chris Rudnicki has posted Implicit Bias and Racial Profiling: Why R V Dudhi’s Novel ‘Attitudinal Component’ Imposes an Unjustifiable Burden on Complainants ((2020) 68:4 Crim LQ 410-428) on SSRN. Here is the abstract: In the recent case of R v Dudhi [2019 ONCA 665], the Ontario Court of appeal recognized that racial profiling in Canada is “as difficult to … Continue reading

But My Order Seems So Understandable

The Ohio Supreme Court Has overturned an order requiring man convicted of failing to pay child support to the mothers of his 11 children to “make all reasonable efforts to avoid impregnating a woman” while on probation: You can access the ruling of the Supreme Court of Ohio at this link.