Here the Court reported that special counsel, appointed by the Court to investigate the prosecutorial misconduct that “permeated” the prosecution of former Senator Stevens of Alaska, declined to recommend any criminal charges against the prosecutors.

In the fall of 2008, then-U.S. Senator Theodore F. Stevens was indicted, tried and found ...

We find it somewhat surprising that some of the best recent decisions regarding the rights of citizens under the Fourth Amendment have been coming from the Fourth Circuit - long-regarded as one of the bastions of conservative judicial jurisprudence. The instant case, involving an all-too-common encounter between the police and ...

Here, the Court held that the Government had failed to establish one of the essential elements required for a conviction under the sweeping Child Exploitation Enterprise (CEE), in violation of 18 U.S.C. § 2252A(g)(2).

Among the many features of the Adam Walsh Child Protection and Safety Act of 2006 (“Adam ...

Here a divided panel held for the first time that, in habeas proceedings involving Guantanamo detainees, district courts must afford a “presumption of regularity” to secret Government intelligence reports when judging whether the detention was lawful.

In an important and possibly game-changing ruling that was generally ignored by the press, ...

This is an interesting decision in which a Philadelphia Assistant District Attorney, Gina Smith, was denied the defenses of both qualified and absolute immunity in a civil rights lawsuit under 42 U.S.C. § 1983, for failing to take steps to release a material witness from detention once the murder trial ...

Here the Court held that a jury instruction inviting the jury to consider any statements “made or omitted by the defendant” invited the jury to consider his post-arrest, post-Miranda warnings silence, in violation of his Fifth Amendment rights.

In this case, the Third Circuit held that it was reversible error ...