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Criminal Law

Nevada Criminal Law Criminal Procedure Evidence

Nevada Supreme Court

Allen v. State — Alternative-Suspect Defense Requires Access to Juvenile Records Showing Similar Prior Assault

/ July 4, 2026

The Nevada Supreme Court reversed Allen’s convictions for sexual assault on a minor, holding en banc that a district court abused its discretion in finding A.S.’s juvenile records of a nearly identical prior sexual offense irrelevant to Allen’s alternative-suspect defense. The court found the error was not harmless where it foreclosed pretrial investigation, terminated the admissibility inquiry, the jury independently indicated interest in the alternative suspect, and the State exploited the exclusion to elicit misleading testimony.

Massachusetts Criminal Law Criminal Procedure Evidence

Massachusetts Appeals Court

Commonwealth v. Albert — Private Diary Entry Cannot Serve as First Complaint Evidence; Rape-of-a-Child Convictions Vacated

/ July 3, 2026

The Massachusetts Appeals Court vacated Robert Albert’s rape-of-a-child convictions and remanded for a new trial, holding that his daughter’s private diary entry — written the day after the last alleged assault but never shared with anyone — could not qualify as “first complaint evidence” under Commonwealth v. King because the first complaint doctrine requires a communication to another person; the entry was more detailed than the actual oral disclosure, deprived the defendant of a witness to cross-examine, and was accompanied by a limiting instruction that misdescribed the diary as a “telling” of the assault.

Indiana Constitutional Criminal Law Criminal Procedure

Indiana Supreme Court

Ramos-Osario v. State — State Need Not Re-Prove Constitutional Compliance at Trial After Winning Suppression Hearing

/ June 26, 2026

The Indiana Supreme Court held that when the State proves the constitutionality of a search or seizure at a pretrial suppression hearing, it is not required to re-establish constitutional compliance at trial; courts assessing the stop’s validity may consider evidence from both the suppression hearing and the trial, and the exclusionary rule’s aims are fully served by requiring proof once.

Pennsylvania Business Regulation Criminal Law Gambling Law

POM of Pennsylvania v. Department of Revenue — Pennsylvania Supreme Court Holds Skill Game Devices Are Slot Machines Requiring Gaming Act Licensing

/ June 17, 2026

The Pennsylvania Supreme Court reversed the Commonwealth Court and held that “skill game” devices—electronic gaming terminals marketed as legal skill-based alternatives to slot machines—are “slot machines” under the Gaming Act and prohibited “gambling devices” under the Crimes Code, with a 120-day stay giving operators time to adjust before enforcement resumes.

Florida Criminal Law Postconviction Relief Pro Se Litigation

Wilson v. State – Third DCA Dismisses Belated Appeal Petition from Sanctioned Pro Se Litigant

/ June 8, 2026

The Third DCA dismissed a petition for belated appeal from a pro se litigant who had been barred from filing in the trial court under Spencer, explaining that without a lower court order to review, the appellate court lacks jurisdiction — making a trial court filing bar effectively the ‘end of the road.’

Florida Criminal Law Evidence Prejudicial Evidence

Madden v. State – First DCA Affirms Admission of Crime Scene Photos Showing Confederate Flag

/ June 8, 2026

The First DCA affirmed the admission of crime scene photographs showing a Confederate flag tag on the defendant’s vehicle, finding no abuse of discretion where the photos were relevant to damage and paint transfer, the tag could not be redacted without losing evidence, and the State did not dwell on the images.

Florida Criminal Law Double Jeopardy Drug Offenses

Medders v. State – Fourth DCA Reverses Three Drug Convictions on Double Jeopardy Grounds

/ June 8, 2026

The Fourth DCA reversed three of the defendant’s drug convictions on double jeopardy grounds, holding that simple possession is subsumed by possession with intent to sell, and that identically-charged trafficking counts for the same date violate the prohibition against multiple punishments for the same offense.

Ohio Criminal Law Drug Offenses Evidence

Ohio Court of Appeals (Sixth District)

State v. Sherburne — Court rejects duress defense in major fentanyl trafficking case

/ June 8, 2026

The Sixth District rejected a duress defense in a major fentanyl trafficking prosecution, holding the defendant’s voluntary long-term participation in the drug enterprise precluded the defense as a matter of law.

Ohio Criminal Criminal Law Evidence

Ohio Court of Appeals (Sixth District)

State v. Buck — Court rejects stand-your-ground defense in assault case with severe victim injuries

/ June 8, 2026

The Sixth District rejected a stand-your-ground defense where the defendant initiated the confrontation by leaving his home to confront the victim, who suffered permanent vision damage.

Ohio Appellate Procedure Criminal Criminal Law

Ohio Court of Appeals (Sixth District)

State v. Smith — Court orders resentencing for failure to impose indefinite terms under Reagan Tokes Act

/ June 8, 2026

The Sixth District ordered resentencing on a felonious assault conviction where the trial court failed to impose the required indefinite sentence under Ohio’s Reagan Tokes Act.

Ohio Administrative Law Civil Rights Criminal Law

Ohio Court of Appeals (Second District)

State v. Mikhak — Court affirms revocation of NGRI conditional release

/ June 8, 2026

The Second District affirmed the revocation of NGRI conditional release for a defendant who exhibited a pattern of treatment noncompliance and refusal to accept responsibility for underlying offenses.

Ohio Criminal Law Evidence

Ohio Court of Appeals (Eighth District)

State v. Barnes — Eighth District affirms domestic violence and assault convictions, addresses threats to EMS workers as separate offenses

/ June 8, 2026

The Eighth District affirmed convictions for domestic violence and aggravated menacing against EMS workers, holding that the defendant’s verbal death threats to first responders constituted separately punishable offenses from the underlying domestic assault.

Ohio Civil Procedure Criminal Law Evidence

Ohio Court of Appeals (Eighth District)

State v. Mercado — Eighth District reverses dismissal for preindictment delay in 2002 rape case, finding no actual prejudice

/ June 8, 2026

The Eighth District reversed the trial court’s dismissal of a rape and kidnapping indictment for preindictment delay, holding that the defendant failed to establish actual prejudice from the 16-year gap between the offense and indictment despite the deaths of two potential witnesses.

Ohio Appellate Procedure Criminal Law

Ohio Court of Appeals (Eighth District)

State v. Jackson — Eighth District reverses jail-time credit award for double counting days served in unrelated case

/ June 8, 2026

The Eighth District reversed a jail-time credit calculation where the trial court awarded credit for days the defendant had already received credit for in a separate, unrelated case, and remanded for factual findings supporting the recalculated credit.

Ohio Appellate Procedure Criminal Law

Ohio Court of Appeals (First District)

State v. Tate — First District holds consecutive firearm specifications imposed on same-transaction offenses are erroneous but not plain error

/ June 8, 2026

The First District held that imposing consecutive sentences on two firearm specifications was erroneous where the underlying felonies arose from the same act or transaction, but found no plain error because the defendant received an agreed sentence and failed to object below.

Ohio Appellate Procedure Criminal Law

Ohio Court of Appeals (Fifth District)

State v. Pegues — Fifth District reverses and remands for resentencing on allied offenses merger of aggravated vehicular assault and vehicular assault

/ June 8, 2026

The Fifth District reversed and remanded for resentencing, holding that aggravated vehicular assault (OVI-based) and vehicular assault (recklessness-based) are allied offenses of similar import that must merge under R.C. 2941.25 when committed against the same victim.

Ohio Criminal Law Evidence

Ohio Court of Appeals (Seventh District)

State v. Williams — Seventh District upholds attempted murder conviction, addressing hearsay video and evidence authentication issues

/ June 8, 2026

The Seventh District affirmed an attempted murder conviction and 14-year sentence, finding no plain error in the admission of a victim’s video-taped statement, commercial trucking company videos, and electronic log data.

Ohio Criminal Law Juvenile Law

Ohio Court of Appeals (Fifth District)

State v. Sturdivant — Fifth District affirms felonious assault conviction of juvenile in DYS facility, rejects remand to juvenile court

/ June 8, 2026

The Fifth District affirmed the conviction and sentence of a 19-year-old DYS inmate for felonious assault committed within a juvenile correctional facility, rejecting the argument that the case should have originated in or been remanded to juvenile court.

Ohio Civil Rights Constitutional Criminal Law

Ohio Court of Appeals (Tenth District)

State v. Ball — Tenth District rejects Second Amendment as-applied challenge to weapons-under-disability statute based on juvenile adjudication

/ June 8, 2026

The Tenth District affirmed the constitutionality of R.C. 2923.13(A)(2) as applied to a defendant whose prior juvenile adjudication for felonious assault served as the predicate disability, finding historical support under the Bruen framework.

Ohio Criminal Law Evidence Postconviction Relief

Ohio Court of Appeals (Tenth District)

State v. Diallo — Tenth District affirms denial of postconviction relief in murder case involving Blink camera evidence

/ June 8, 2026

The Tenth District affirmed the denial of a postconviction petition without a hearing where the petitioner failed to produce substantive evidence demonstrating that Blink home security camera recordings existed or were withheld by the state.

Ohio Criminal Law Evidence

Ohio Court of Appeals (Fifth District)

State v. Kirkbride — Fifth District upholds convictions for obstructing official business and assaulting police K-9

/ June 8, 2026

The Fifth District affirmed convictions for obstructing official business and assaulting a police dog where the defendant fled from deputies serving warrants, hid from a K-9 search, and kicked the dog when it found him.

Ohio Appellate Procedure Criminal Law Juvenile Law

Ohio Court of Appeals (Fifth District)

State v. Trischler — Fifth District affirms juvenile court transfer to adult court for home invasion

/ June 8, 2026

The Fifth District affirmed the juvenile court’s decision to transfer jurisdiction of a 16-year-old charged with aggravated robbery and felonious assault to adult court, finding the amenability determination was supported by competent, credible evidence.

Ohio Constitutional Criminal Law

Ohio Court of Appeals (Twelfth District)

State v. Williams — Court upholds community control condition barring defendant from his own street

/ June 8, 2026

The Twelfth District affirmed a community control condition that effectively barred the defendant from his residence, finding the restriction was reasonably related to preventing future criminal conduct given the defendant’s history of altercations with neighbors.

Ohio Appellate Procedure Criminal Law

Ohio Court of Appeals (Twelfth District)

State v. Lane — Court refuses to merge grand theft of vehicle and attempted theft of firearm found inside

/ June 8, 2026

The Twelfth District held that grand theft of a motor vehicle and attempted grand theft of a firearm found in the vehicle’s glove box are not allied offenses requiring merger, because the defendant’s act of removing the gun from the car and keeping it in her bedroom reflected a separate animus.