5th Amendment
The Supreme Court of Washington found a Miranda violation based on a totality of the circumstances analysis, which the Court noted must include consideration of race and age. The Court stated in relevant part: “The United States Supreme Court has established that in determining whether a suspect is in custody under Miranda, we must “‘examine…
The Supreme Court of Washington vacated a conviction for second-degree murder, finding that the 16-year-old defendant’s waiver of rights was invalid, considering her age, recent head trauma, and lack of experience with the police. The court stated in relevant part: “Luna challenges several evidentiary rulings and argues that the court should have applied newly enacted…
“The right to have your day in court is foundational to the U.S. criminal legal system. Yet, many noncitizens in immigration detention facing criminal charges are denied this right when ICE routinely fails to produce immigration detainees to criminal court to resolve charges. In immigration proceedings, immigration judges regularly use those unresolved charges to detain…
The Intermediate Appeals Court of Hawaii found that defense counsel’s failure to object to references about the individual’s juvenile incarceration and prior arrests constituted ineffective assistance of counsel requiring reversal and a new trial. The Court stated in relevant part: “Specific acts or omissions having an obvious tactical basis for benefitting the defense will not…
The United States District Court in the Eastern District of California granted a preliminary injunction in immigration removal proceedings for minor T.M., ordering her release. The District Court offered the following language in support: “Petitioner R.D.T.M. is a noncitizen who entered the United States in 2023 as an unaccompanied minor. After entry, she was briefly…
The Supreme Court of Maine vacated a conviction, finding that custodial statements should have been suppressed because there was no waiver of the privilege against self-incrimination, and offered the following language in support. “McLain did not clearly waive his privilege against self-incrimination and instead answered that it “depend[ed] on the questions” when asked if he…
Youth defenders play a critical role in safeguarding the constitutional rights of noncitizen youth during encounters with immigration officials. This tip sheet provides an overview of the rights of noncitizen youth and strategies for youth defenders to safeguard these rights and mitigate harm throughout the course of representing youth in juvenile court. This tip sheet…
The Idaho District Court rules that an antiloitering city ordinance is unconstitutionally vague and offers the following language in support. “It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.” Grayned v. City of Rockford, 408 U.S. 104, 108, 92 S. Ct. 2294,…
From the abstract: “The integration of algorithmic decision making and artificial intelligence (“AI”) into facial recognition technology poses new, unprecedented risks to privacy and individual autonomy rights, particularly in urban settings. The murder of Brian Thompson, CEO of UnitedHealthcare, in New York City on December 4, 2024, provides a timely case study to examine the…
This document is updated regularly to include the latest federal and state caselaw from across the country discussing racial justice issues.
From the abstract: “This Essay draws on empirical research to compose a sketch of the criminal legal systems of several sparsely populated counties in central and eastern Washington State. The study reveals how, at times, the dearth of attorneys available to do the work of prosecuting and defending criminal cases is subjecting system-involved individuals to…
