Balancing The Scales: Concealed Carry, 'Weird' Arguments

By Orlando Lorenzo | September 25, 2026, 7:00 PM EDT ·

The Eleventh Circuit ruled that police spotting a gun protruding from a defendant's pocket wasn't enough to trigger reasonable suspicion in Florida, a state where concealed carry is treated as presumptively legal, and the Fifth Circuit rejected a "weird" argument from a person convicted of being a felon in possession.

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VACATED/REVERSED

11th Circ. Says Concealed Gun Alone Can't Justify Fla. Stop

The Eleventh Circuit has vacated a felon's gun-possession conviction, saying police lacked reasonable suspicion to search him after noticing a gun protruding from his hoodie pocket because Florida law treats concealed carry as presumptively legal.

Fla. Panel Tosses Teen's Conviction Over Atty's Omission

A Florida state appeals court has reversed a teenager's manslaughter conviction and sentence, finding the teen's attorney let him enter an open plea without telling him that his statements to police potentially could have been suppressed for Miranda rule violations.

UPHELD/AFFIRMED

5th Circ. Rejects Felon's 'Weird' Second Amendment Claim

The Fifth Circuit has upheld a Louisiana man's felon-in-possession conviction, rejecting his challenge that a prior conviction for trying to take a police officer's pepper spray lacked a founding-era analogue sufficient to justify barring him from possessing a firearm, as well as rejecting his "weird" argument that the disarmament was unsuccessful.

Mass. Justices Uphold Plea Despite Police Corruption Claims

The Massachusetts Supreme Judicial Court has affirmed the denial of a man's request to withdraw his guilty pleas to the murders of two women, saying he failed to show on appeal that serious Boston Police Department corruption in a related murder investigation tainted his own case.

Conn. Justices Uphold Guilty Verdict Despite Juror's Remorse

The Connecticut Supreme Court has upheld a guilty verdict in an attempted murder case despite one juror's comment that the top charge left her feeling "a little guilty," with the justices characterizing the phrase as an indication of the juror's "strong and unsettling emotions," not her "uncertainty or equivocation."

RETRIAL

9th Circ. Tosses Conviction Over Hand Tattoo Testimony

The Ninth Circuit has ordered a new trial for a man convicted of robbing a store in Washington, finding that he was not testifying in his own defense when he showed jurors that he had tattoos on his hand, unlike the hand of the man seen committing the robbery in security camera footage.

Conn. Justices Order Murder Retrial Over 'Misleading' Deal

The Connecticut Supreme Court has ordered the retrial of a man convicted for allegedly orchestrating the murder of a woman pregnant with his child, finding a prosecutor failed to correct misleading testimony that a key cooperating witness had no "deal" with the government.

Fla. Panel Orders Murder Retrial Over Prior Shooting Evidence

A Florida appeals court has ordered a new trial for a man convicted of fatally shooting a bystander during a heated argument with a group of boys, saying the trial court erred in withholding evidence from jurors that the group had previously fired shots into his home.

Fla. Panel Tosses Molestation Convictions Over Text Message

A Florida appellate panel has reversed a man's child molestation convictions, saying the trial court erred in admitting into evidence a text message from the defendant's wife describing her emotional reaction to the accusations.

EVIDENTIARY RULINGS

Rapper's Lyrics Rhymed With The Crimes, 8th Circ. Says

An Eighth Circuit panel has upheld the marijuana and firearms convictions of Arkansas rapper Bankroll Freddie, saying his lyrics were properly allowed as evidence against him because they showed he knew drug and gun terminology.

10th Circ. Says Missing Testimony Didn't Violate Rights

The Tenth Circuit has affirmed an Oklahoma man's murder and firearm convictions, concluding that allowing jurors to hear a missing witness's prior testimony did not violate his Sixth Amendment confrontation rights because the government made reasonable, good-faith efforts to find the witness.

2nd Circ. Revives Suit Over NYC Murder Faked-Evidence Case

The Second Circuit has partially revived a civil lawsuit from a New York City man wrongly convicted of a 1989 murder, giving the man another shot to hold the city accountable for violating his civil rights, and ruling that the cold case investigation of the killing fabricated evidence that affected the outcome of his trial.

Colo. Panel Revives Man's Post-Conviction DNA Testing Bid

A Colorado appeals court has issued new rules for when and how postconviction relief for DNA testing should be conducted in the state, with the court establishing a three-part test to determine whether a relief petition should be granted.

LITIGATION

Inmates Sue La. DOC Over Systemic Overdetention

Two former Louisiana inmates have accused the state's correctional department of illegally incarcerating people for days, weeks or months after their lawful release dates, according to a putative class action filed in federal court in Baton Rouge.

Michigan Cops Sued Over Fatal Shooting During Traffic Stop

A relative of a 35-year-old man killed by police during a 2025 traffic stop in Northern Michigan has filed a federal civil rights suit against the City of Alpena and two of its police officers, alleging constitutional violations and gross negligence for failing to provide timely medical care to the man they shot.

IMMIGRATION

Circuit Split Raises Stakes For Timing Of Detention Review

An emerging circuit split on whether district courts can hear habeas claims from noncitizens who say the government wants to deport them for their political speech raises questions about how quickly they can challenge the constitutionality of their detention before an independent judge.

9th Circ. Revives Salvadoran's Bid For Torture Protection

The Ninth Circuit has faulted the Board of Immigration Appeals for creating a "quantitative evidence" requirement in assessing a Salvadoran's bid under the Convention Against Torture to avoid deportation to El Salvador, saying that no such requirement exists.

4th Circ. Calls No-Bond Detention Policy 'Stain' On The Nation

The Fourth Circuit has become the ninth appellate court to declare illegal the Trump administration's detention of immigrants without bond, calling the mass detention a "stain" on the nation and comparing it to the internment of Japanese-Americans during World War II.

IMMUNITY

6th Circ. Says Judge Can't Escape Teen Mock Arrest Suit

A Sixth Circuit panel has allowed to proceed a Michigan federal lawsuit filed against a Detroit judge who handcuffed a 15-year-old student and subjected her to a mock trial after she fell asleep in his courtroom, ruling that judicial immunity does not protect him.

6th Circ. Shields Detroit Cops In Vacated-Conviction Suit

The Sixth Circuit has ruled that qualified immunity applied to four Detroit police officers sued by a man who had spent 22 years in prison before his convictions for sexual assault and breaking and entering were thrown out, finding probable cause supported his prosecution even though dog-tracking evidence in the case was eventually discredited.

--Editing by Tim Ruel.

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