Access to Justice

  • July 31, 2026

    Mich. High Court Tosses Murder Conviction Over DNA Test

    A man convicted of first-degree murder will receive a new trial after the Michigan Supreme Court ruled on Thursday that police violated the state constitution by testing blood on his pants without a warrant or his consent. 

  • July 31, 2026

    NY Public Defense Org. Denies Union's ULP Claims

    The Neighborhood Defender Services of Harlem's leadership on Friday denied allegations from the union representing its more than 100 employees that it has offered unlawful incentives to break its ongoing strike.

  • July 30, 2026

    Conn. Bans Most In-Cell Restraints To Settle Prison Lawsuit

    Connecticut's prisons on Sept. 1 will stop using separate restraints on inmates locked in holding cells, the state's corrections commissioner announced Thursday, settling a lawsuit by disability rights advocates who said the state was inappropriately using shackles to deal with mental illness symptoms.

  • July 30, 2026

    Bronx Legal Aid Organization's Union Rejects New Pay Offer

    The Bronx Defenders' executive director said on Thursday that the union representing the organization's over 300 attorneys and staff has rejected an updated offer on wages, with both sides still at odds over the prospect of separate salary scales for lawyers and social workers.

  • July 29, 2026

    NJ Justices Clarify New-Evidence Standards In Murder Case

    The New Jersey Supreme Court on Wednesday held that one of its opinions concerning requests for retrial due to newly discovered evidence has a higher threshold than the similar U.S. Supreme Court landmark case Brady v. Maryland.

  • July 29, 2026

    8th Circ. Reverses Meth User Gun Case Over New Rulings

    The Eighth Circuit has reversed a Missouri man's gun conviction, finding that a decision earlier this year from the U.S. Supreme Court changes what kind of analysis is needed to decide whether to dismiss firearms-related charges filed against known drug users.

  • July 29, 2026

    Legal Aid Union Alleges Unlawful Incentives To Break Strike

    The Neighborhood Defender Services of Harlem union announced on the third workday of its strike Tuesday that it has filed unfair labor practice charges with the National Labor Relations Board, accusing its management of offering unlawful incentives to cross the picket line.

  • July 28, 2026

    Man Sues NC City Over Arrest For Smoking Legal Hemp

    A man arrested in 2023 after smoking a legal hemp cigarette is suing the city of Charlotte, North Carolina, and two of its police officers, saying the city had made the officers aware that they couldn't distinguish between cannabis and hemp by smell, but they still arrested him and a companion anyway.

  • July 28, 2026

    Mass. Justices Affirm New Trial In '93 Murder Case

    Massachusetts' highest court ruled Tuesday that a decades-old murder conviction based on eyewitness testimony cannot stand, citing new DNA evidence and other information that called into question the reliability of a key witness.

  • July 28, 2026

    8th Circ. Keeps Some Claims Alive In Jail Macing Suit

    The Eighth Circuit has partially revived a lawsuit brought by four incarcerated people in a St. Louis jail, finding that guards at the facility should not be granted complete qualified immunity from claims that they used excessive force.

  • July 28, 2026

    Court Is In Session Whenever A Judge Says It Is, 6th Circ. Told

    Court is wherever and whenever a judge says it is, counsel for a Detroit judge told a Sixth Circuit panel Tuesday, arguing that subjecting a student to a mock arrest and trial because she fell asleep during a field trip was within his jurisdiction.

  • July 27, 2026

    4th Circ. Says Inmate Can Represent Himself At Sentencing

    The Fourth Circuit held Monday that the Sixth Amendment rights of a South Carolina man were violated when a judge denied him the ability to represent himself during sentencing because he did not make the request prior to the start of his drug-trafficking trial.

  • July 27, 2026

    Mich. Justices Reject Federal Double Jeopardy Rule

    The Michigan Supreme Court has significantly expanded the state's constitutional protection against double jeopardy, finding prosecutors can be barred from retrying a criminal defendant following a mistrial, even if they did not specifically intend to provoke the defense into requesting one. 

  • July 27, 2026

    Conn. Panel Says Bad Atty Advice Warrants New Murder Trial

    A Connecticut appeals court granted a new trial to a man convicted of murder after finding that during initial plea negotiations, an attorney representing him gave him bad advice on whether his codefendant would testify in his case.

  • July 27, 2026

    New DHS Rule Will Speed Some Asylum Cases To Court

    The U.S. Department of Homeland Security unveiled a new regulation Monday allowing asylum officers to skip interviews if they determine someone is barred from, ineligible for or does not merit asylum and send those cases straight to immigration court.

  • July 27, 2026

    300+ Public Defenders Strike In The Bronx

    More than 300 attorneys and staff with the Bronx Defenders Union went on strike Monday, one year after the last time the union walked off the job.

  • July 24, 2026

    How Gibson Dunn Turned A Bitter Pill Into A Sweet Release

    Police officers in New York's Nassau County arrested a Honduran and turned him over to federal immigration officers this year after claiming a yellow pill found in his car was crack cocaine, an assertion that a federal judge found ludicrous. Here, Law360 examines how Gibson Dunn & Crutcher LLP seized on that yellow pill to show the man’s arrest was pretextual and secured his release from immigration detention.

  • July 24, 2026

    Balancing The Scales: Geofence Clarity, Post-Hunter Scrutiny

    The U.S. Supreme Court deemed geofence warrants as searches under the Fourth Amendment, and the justices’ ruling in Hunter spurs a conversation of what the bar should be for criminal appeal waivers. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

  • July 24, 2026

    Fordham Scholar On Neuroscience's Role In Criminal Courts

    Neuroscience has become an increasingly common feature of criminal litigation, shaping everything from death penalty mitigation to juvenile sentencing. Yet many of the assumptions surrounding brain science in the courtroom remain wrong, Fordham Law School Professor Deborah Denno told Law360.

  • July 24, 2026

    'Irreparable': The Lasting Harm Of Justices' Temporary Orders

    The U.S. Supreme Court has considered dozens of emergency petitions involving executive policies since President Donald Trump's return to office. While justices often defend their emergency rulings as stop-gap measures, people at the center of those cases — who've lost their legal status, jobs, or federal funding — say that even interim decisions have had lasting effects on their lives.

  • July 24, 2026

    Ala. Ruling Leaves Executions In Uncharted Waters

    Last month, a federal district judge ruled that Alabama's nitrogen hypoxia execution protocol violated the Eighth Amendment, an unprecedented decision that upended the state's death penalty process. Now, death row prisoners who chose nitrogen execution face uncertainty as Alabama seeks to execute them instead by lethal injection.

  • July 24, 2026

    Mental Health Agency Sues Mass. Prison System For Records

    A Massachusetts mental health legal advocacy committee has filed a lawsuit against the state's department of correction, claiming it was denied access to data about health services provided in one state prison by a private contractor.

  • July 24, 2026

    Over 100 Legal Aid Staffers Strike In Harlem And The Bronx

    Over 100 legal aid attorneys, social workers and advocates in Harlem and the Bronx went on strike on July 24, with the possibility of more to come in the New York City area.

  • July 23, 2026

    Creek Freedmen Sue Tribe To Enforce Citizenship Ruling

    Members of the Muscogee Creek Black Freedmen are asking a federal court to block officials with Oklahoma's Muscogee (Creek) Nation from denying them citizenship, saying in a lawsuit brought Thursday that those governmental leaders are defying a tribal Supreme Court ruling that gave them the right.

  • July 23, 2026

    6th Circ. Challenges Exoneree's Fabricated Evidence Claim

    A Sixth Circuit panel on Thursday questioned whether a Michigan man who spent more than two decades in prison before his assault convictions were vacated had done enough to revive his civil rights suit accusing Detroit police officers of fabricating and withholding evidence during the investigation that led to his arrest.

Expert Analysis

  • Advocating For Disability Rights In Probation And Parole

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    While the U.S. continues to over-police people with disabilities, defense attorneys can play a crucial role in ensuring that clients with disabilities who are on probation or parole have access to the accommodations they need and to which they are legally entitled, says Allison Frankel at the ACLU.

  • 11th Circ. Block Of 'Stop WOKE' Act Is Good For Public Safety

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    The Eleventh Circuit’s recent decision to uphold an injunction of Florida’s so-called Stop WOKE Act, a law that curtails workplace diversity training, means that law enforcement can continue receiving such training — an essential step toward more equitable policing and public safety, say Miriam Krinsky at Fair and Just Prosecution and Diane Goldstein at Law Enforcement Action Partnership.

  • Prosecutors' Growing Case Backlogs Need Urgent Attention

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    Growing case backlogs in prosecutors' offices around the country affect the functioning of the entire criminal legal system, so the problem's root causes must be immediately addressed, say Minnesota county prosecutor John Choi and Montana county prosecutor Audrey Cromwell.

  • Context Is Everything In Justices' Sentencing Relief Decision

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    In the U.S. Supreme Court’s recent Pulsifer v. U.S. decision, limiting the number of drug offenders eligible for sentencing relief, the majority and dissent adopted very different contextual frames for interpreting the meaning of “and” — with the practical impact being that thousands more defendants will be subject to severe mandatory minimums, says Douglas Berman at Moritz College of Law​​​​​​​.

  • Passing The HALT Fentanyl Act Will Repeat Past Mistakes

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    The war on drugs has failed, with overdose deaths at an all-time high despite decades of criminalization, so lawmakers should vote no on the HALT Fentanyl Act's proposal to impose lengthy mandatory minimum sentences for fentanyl-related drug offenses, says Liz Komar at The Sentencing Project.

  • Behind The Unique Hurdles Of Rural Access To Justice

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    While rural access to justice has become conflated with access to lawyers, the two are not synonymous, and in order to solve both issues, it is critical to further examine the role and impact of resident attorneys in these communities, say Daria Fisher Page and Brian Farrell at the University of Iowa College of Law.

  • Compassionate Release Grants Needed Now More Than Ever

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    After the U.S. Sentencing Commission's recent expansion of the criteria for determining compassionate release eligibility, courts should grant such motions more frequently in light of the inherently dangerous conditions presented by increasingly understaffed and overpopulated federal prisons, say Alan Ellis and Mark Allenbaugh at the Law Offices of Alan Ellis.

  • Justices' Double Jeopardy Ruling Preserves Acquittal Sanctity

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    The U.S. Supreme Court’s unanimous decision last week in McElrath v. Georgia, barring the state from retrying a man acquitted of murder after a so-called repugnant verdict, is significant in the tangled web of double jeopardy jurisprudence for its brief and unequivocal protection of an acquittal’s finality, says Lissa Griffin at Pace Law School.

  • NY Must Address Urgent Need For Immigration Legal Aid

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    The recent influx of migrants to New York has exposed the urgent need for state legislators to make a long-term investment in sustainable immigration legal services infrastructure, supervision and training, say Marielena Hincapié and Stephen Yale-Loehr at Cornell Law.

  • 911 Call Scrutiny Should Not Be Used To Identify Suspects

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    Though the use of 911 call analysis to identify suspects continues to spread across the country, this scientifically unproven method opens the door to wrongful convictions, so prosecutors should review investigations that relied on the technique, and lawmakers should ban it nationwide, say Miriam Krinsky at Fair and Just Prosecution and Isabelle Cohn at the Innocence Project.

  • 6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • 8th Circ. Redistricting Ruling Imperils The Voting Rights Act

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    The Eighth Circuit’s recent ruling in Arkansas NAACP v. Arkansas Board of Apportionment, holding that private plaintiffs don't have standing to sue in redistricting cases, creates a circuit split, and, if upheld, would nearly destroy the Voting Rights Act, says William Brewer at Brewer Storefront.

  • Justices May Clarify Expert Witness Confrontation Confusion

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    After oral arguments in Smith v. Arizona, the U.S. Supreme Court seems poised to hold that expert witness opinions that rely on out-of-court testimonial statements for their factual basis are unconstitutional, thus resolving some of the complications created by the court’s confrontation clause jurisprudence, says Richard Friedman at the University of Michigan Law School.

  • Immigration Detention Should Offer Universal Legal Counsel

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    Given the large backlog of immigration court cases and the more than 70% of people in immigration detention without counsel in 2023, the system should establish a universal right to federally funded representation for anyone facing deportation, similar to the public defender model, say Laura Lunn and Shaleen Morales at the Rocky Mountain Immigrant Advocacy Network.

  • UX Research And Design Is Crucial For Justice Technologies

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    It’s essential that new access-to-justice digital tools incorporate user experience research and design methodologies to enhance access and accessibility, improve efficiency in processes and service delivery, and reduce risk, says Sarah Mauet at Innovation for Justice.

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