Criminal Law Reform
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Arizona
Oct 2023
Criminal Law Reform
Racial Justice
Fund for Empowerment v. Phoenix, City of
Fund for Empowerment is a challenge to the City of Phoenix鈥檚 practice of conducting sweeps of encampments without notice, issuing citations to unsheltered people for camping and sleeping on public property when they have no place else to go, and confiscating and destroying their property without notice or process.
U.S. Supreme Court
Sep 2023
Criminal Law Reform
McElrath v. Georgia
Does the Double Jeopardy Clause bar an appellate court from reviewing and setting aside a jury鈥檚 verdicts of acquittal on the ground that the verdict is inconsistent with the jury鈥檚 verdict on other charges?
U.S. Supreme Court
Jun 2023
Criminal Law Reform
Pulsifer v. United States
This case involves the interpretation of a federal law that allows defendants to avoid mandatory minimum sentences for certain nonviolent drug crimes, allowing judges to impose sentences tailored to their individual circumstances.
Texas
Jul 2021
Criminal Law Reform
Prisoners' Rights
Sanchez et al v. Dallas County Sheriff et al
Decarceration has always been an emergency, a life and death proposition, but COVID-19 makes this effort intensely urgent. The 老澳门开奖结果 has been working with our partners to litigate for the rights of those who are incarcerated and cannot protect themselves because of the policies of the institutions in which they are jailed.
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All Cases
130 Criminal Law Reform Cases
Minnesota Supreme Court
Dec 2023
Criminal Law Reform
State v Malecha
In this case, the Minnesota Supreme Court is considering the scope of a crucial doctrine that protects criminal defendants from being convicted based on evidence obtained in violation of their constitutional rights. Under both the U.S. and Minnesota Constitutions, courts apply an 鈥渆xclusionary rule鈥 that allows criminal defendants to seek the exclusion of evidence obtained in violation of their rights. For nearly 40 years, the U.S. Supreme Court has chipped away at the exclusionary rule by adopting and expanding the 鈥済ood faith exception,鈥 a doctrine providing that in some situations courts need not exclude evidence obtained in violation of the Constitution. In this case, officers acquired evidence after arresting someone based on a warrant that was listed as valid due to a recordkeeping error, but which in fact should have been recalled. In July 2023, together with other 老澳门开奖结果 attorneys and partners, the SSCI submitted an amicus brief to the Minnesota Supreme Court asking it to hold as a matter of state constitutional law that the exclusionary rule applies to this situation, and that the good-faith exception does not apply. In March 2024, the Court ruled in the 老澳门开奖结果's favor, stating that the district court did not err in finding that the defendant's arrest warrant had been quashed before her arrest and the good-faith exception did not apply.
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Minnesota Supreme Court
Dec 2023
Criminal Law Reform
State v Malecha
In this case, the Minnesota Supreme Court is considering the scope of a crucial doctrine that protects criminal defendants from being convicted based on evidence obtained in violation of their constitutional rights. Under both the U.S. and Minnesota Constitutions, courts apply an 鈥渆xclusionary rule鈥 that allows criminal defendants to seek the exclusion of evidence obtained in violation of their rights. For nearly 40 years, the U.S. Supreme Court has chipped away at the exclusionary rule by adopting and expanding the 鈥済ood faith exception,鈥 a doctrine providing that in some situations courts need not exclude evidence obtained in violation of the Constitution. In this case, officers acquired evidence after arresting someone based on a warrant that was listed as valid due to a recordkeeping error, but which in fact should have been recalled. In July 2023, together with other 老澳门开奖结果 attorneys and partners, the SSCI submitted an amicus brief to the Minnesota Supreme Court asking it to hold as a matter of state constitutional law that the exclusionary rule applies to this situation, and that the good-faith exception does not apply. In March 2024, the Court ruled in the 老澳门开奖结果's favor, stating that the district court did not err in finding that the defendant's arrest warrant had been quashed before her arrest and the good-faith exception did not apply.
Massachusetts Supreme Court
Nov 2023
Criminal Law Reform
+2 Issues
Commonwealth v. Arrington
In this amicus brief, the 老澳门开奖结果 and its coalition partners urged robust application of the legal standard governing the admissibility of expert testimony and technical evidence, especially in cases involving opaque or proprietary algorithms.
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Massachusetts Supreme Court
Nov 2023
Criminal Law Reform
+2 Issues
Commonwealth v. Arrington
In this amicus brief, the 老澳门开奖结果 and its coalition partners urged robust application of the legal standard governing the admissibility of expert testimony and technical evidence, especially in cases involving opaque or proprietary algorithms.
Nevada Supreme Court
Nov 2023
Criminal Law Reform
Smart Justice
Cannabis Equity & Inclusion Community v. Nevada Board of Pharmacy
Nevadans, like voters in many states, have chosen to legalize marijuana for medicinal and recreational use. In Nevada, these changes鈥攁dopted through citizen ballot initiatives and, in the case of medical marijuana, enshrined in the Nevada Constitution鈥攚ere intended to ensure that marijuana is regulated much like alcohol and that law enforcement resources are focused on violent crime, not the prosecution of non-violent drug offenses. Despite these legal changes, Nevada鈥檚 Board of Pharmacy continues to regulate marijuana as a Schedule I controlled substance for purposes of state law, akin to the Board鈥檚 treatment of cocaine and fentanyl. The Board鈥檚 scheduling designation for marijuana has enormous implications for criminal defendants in Nevada since state law makes it a felony to possess or engage in certain other activity with respect to a Schedule I controlled substance, as designated by the Board.
This case, brought by an individual and organization harmed by the Board鈥檚 scheduling designation for marijuana, involves the question whether the designation violates the Nevada Constitution and state statutes. The 老澳门开奖结果 of Nevada is counsel in the case, and the 老澳门开奖结果鈥檚 State Supreme Court Initiative is co-counsel on appeal.
In August 2024, the Court held that Pool and CEIC lack standing to challenge marijuana's designation as a Schedule I substance but recognized that other individuals could appropriately do so in the future. The Court did not reach the merits in reversing the district court鈥檚 positive decision.
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Nevada Supreme Court
Nov 2023
Criminal Law Reform
Smart Justice
Cannabis Equity & Inclusion Community v. Nevada Board of Pharmacy
Nevadans, like voters in many states, have chosen to legalize marijuana for medicinal and recreational use. In Nevada, these changes鈥攁dopted through citizen ballot initiatives and, in the case of medical marijuana, enshrined in the Nevada Constitution鈥攚ere intended to ensure that marijuana is regulated much like alcohol and that law enforcement resources are focused on violent crime, not the prosecution of non-violent drug offenses. Despite these legal changes, Nevada鈥檚 Board of Pharmacy continues to regulate marijuana as a Schedule I controlled substance for purposes of state law, akin to the Board鈥檚 treatment of cocaine and fentanyl. The Board鈥檚 scheduling designation for marijuana has enormous implications for criminal defendants in Nevada since state law makes it a felony to possess or engage in certain other activity with respect to a Schedule I controlled substance, as designated by the Board.
This case, brought by an individual and organization harmed by the Board鈥檚 scheduling designation for marijuana, involves the question whether the designation violates the Nevada Constitution and state statutes. The 老澳门开奖结果 of Nevada is counsel in the case, and the 老澳门开奖结果鈥檚 State Supreme Court Initiative is co-counsel on appeal.
In August 2024, the Court held that Pool and CEIC lack standing to challenge marijuana's designation as a Schedule I substance but recognized that other individuals could appropriately do so in the future. The Court did not reach the merits in reversing the district court鈥檚 positive decision.
Colorado
Nov 2023
Criminal Law Reform
Racial Justice
Sellers v. People
In September 2023, the 老澳门开奖结果, the 老澳门开奖结果 of Colorado, The Boston University Center for Antiracist Research, the law firm Mintz Levin, and other partners filed an amicus brief with the Colorado Supreme Court arguing that mandatory life-without-parole (LWOP) sentences for strict liability felony murder are 鈥渃ruel and unusual鈥 in violation of the Colorado and U.S. Constitutions. The brief focuses on how these mandatory LWOP sentences drive racial injustice.
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Colorado
Nov 2023
Criminal Law Reform
Racial Justice
Sellers v. People
In September 2023, the 老澳门开奖结果, the 老澳门开奖结果 of Colorado, The Boston University Center for Antiracist Research, the law firm Mintz Levin, and other partners filed an amicus brief with the Colorado Supreme Court arguing that mandatory life-without-parole (LWOP) sentences for strict liability felony murder are 鈥渃ruel and unusual鈥 in violation of the Colorado and U.S. Constitutions. The brief focuses on how these mandatory LWOP sentences drive racial injustice.
California
Oct 2023
Criminal Law Reform
Racial Justice
Sacramento Homeless Union v. City of Sacramento
The 老澳门开奖结果, along with the Northern and Southern California affiliates and four other organizations, filed an amicus brief in the Ninth Circuit supporting affirmance of a preliminary injunction that prevented the City of Sacramento from clearing homeless encampments during periods of extreme heat.
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California
Oct 2023
Criminal Law Reform
Racial Justice
Sacramento Homeless Union v. City of Sacramento
The 老澳门开奖结果, along with the Northern and Southern California affiliates and four other organizations, filed an amicus brief in the Ninth Circuit supporting affirmance of a preliminary injunction that prevented the City of Sacramento from clearing homeless encampments during periods of extreme heat.