Access to Justice

  • June 23, 2026

    Colo. Justices Nix Conviction Over DNA-Swabbing Confession

    Colorado's highest court ruled Tuesday that detectives violated a defendant's Fourth Amendment rights by interrogating a confession out of him while they executed a narrow court order to collect DNA samples.

  • June 23, 2026

    Mass. Exoneree Can Sue Boston, Police Over False Conviction

    An exonerated man may continue his suit against the city of Boston that alleges three city police officers, who are now dead, helped convict him of a 1975 murder he didn't commit, a Massachusetts federal court has ruled.

  • June 23, 2026

    11th Circ. Won't Revisit Torture Claims Outside Removal Order

    The Eleventh Circuit, in a split decision, has declined to review whether it should halt the removal of a Jamaican man claiming he faces torture in his home country, finding it does not have jurisdiction without reviewing the final removal order at the same time.

  • June 23, 2026

    High Court Tosses Rastafarian's Haircut Suit

    The U.S. Supreme Court on Tuesday ended a Rastafarian's bid to hold Louisiana prison guards responsible for allegedly violating his religious rights by forcibly shaving off his dreadlocks, ruling a law aimed at preventing religious discrimination at state and local levels can't be used to sue government officials in their individual capacities without their consent.

  • June 22, 2026

    Justices To Hear Fight Over Reach Of Bivens Prison Suits

    The U.S. Supreme Court agreed Monday to hear a case over whether a federal inmate can use a 1971 high court precedent to pursue damages from prison officials for allegedly failing to provide adequate medical care after a 2021 prison fight.

  • June 18, 2026

    20-Year-Old's Life Sentence Upheld By Mich. Panel

    A Michigan appeals court panel upheld a parolable life sentence for a woman who was 20 years old when she took part in a 2007 drive-by shooting that left two people dead, finding that recent Michigan Supreme Court rulings limiting life sentences for young offenders do not apply to her case.

  • June 18, 2026

    Calif. Moves On Proposal To Allow Legal Aid By Nonlawyers

    The California Supreme Court has directed the state bar to solicit public comments on a proposed community justice worker program that would allow nonlawyers to provide limited legal assistance under the supervision of qualified legal aid organizations, according to a Thursday announcement.

  • June 18, 2026

    NY Judge Won't Grant Fee Requests In Public Charge Suits

    A New York federal judge refused to award over $1 million in attorney fees and costs to organizations that challenged "public charge" immigration policies the first Trump administration enacted, ruling that preliminary injunctions did not give them prevailing party status.

  • June 16, 2026

    Pa. Justices Curb Philly DA Conviction Relief Concessions

    The Pennsylvania Supreme Court on Tuesday slammed the Philadelphia District Attorney's Office for making "misleading" concessions of prosecutorial misconduct to favor convicted murderers seeking to overturn their convictions, ordering lower courts to give the state attorney general a chance to intervene in such cases.

  • June 15, 2026

    Justices Take Texas Challenge Of 'Unavailable' Habeas Claim

    The U.S. Supreme Court Monday agreed to hear Texas' challenge of a Fifth Circuit decision to allow a man's successive habeas claim under a rare exception for "previously unavailable" claims under the Antiterrorism and Effective Death Penalty Act of 1996.

  • June 15, 2026

    Justices Decline Review In Texas Hypnosis Death Row Case

    The U.S. Supreme Court on Monday declined to review the case of a Texas death row prisoner who argued that his conviction rests on eyewitness testimony influenced by investigative hypnosis, a practice the state has since barred in criminal cases.

  • June 15, 2026

    Justices Decline To Hear Pa. Prison ADA Liability Challenge

    The U.S. Supreme Court declined Monday to take up Pennsylvania's petition to overturn a ruling finding it could possibly be held liable under the Americans with Disabilities Act in an incarcerated man's lawsuit alleging he was illegally denied access to proper medical care.

  • June 11, 2026

    Mich. Judge Tosses Exonerated Man's Civil Rights Suit

    A Detroit area police detective did not violate clearly established law in how he handled a photo lineup or by failing to flag another robbery suspect before a later-exonerated man's conviction, a Michigan federal judge has ruled, throwing out the man's civil rights suit. 

  • June 11, 2026

    Alaska Man Sues Tribal Police Over Botched Murder Probe

    An Alaskan Indigenous man who spent years battling a first-degree murder charge in connection to the death of his older brother is suing former Metlakatla Police Department officials, supervisors and tribal policymakers over the now-dismissed allegation, saying the investigation should have been handled with care, honesty and respect for the truth.

  • June 10, 2026

    Doctor's Sex Conviction Reversed Over Undisclosed Notes

    A doctor convicted of sexually abusing his patient and other crimes is entitled to a new trial, a New York state appeals court said Wednesday, finding the state failed to disclose social work notes in a timely fashion, which substantially prejudiced the doctor's case.

  • June 10, 2026

    Judge Says Ala. Can't Use Nitrogen To Execute Man

    The state of Alabama can't execute an incarcerated man using nitrogen hypoxia, a federal judge has ruled, finding the method violates the man's constitutional rights because a firing squad can be used instead.

  • June 10, 2026

    Unions Rally As 5 Shops Approach Contract Deadline

    Legal service providers across New York City gathered in City Hall Park on Wednesday afternoon as five unions represented by the Association of Legal Advocates and Attorneys approach their deadlines for a new contract at the end of the month.

  • June 09, 2026

    Mass. Justices Keep 3 Murder Defendants Held Without Bail

    The Massachusetts Supreme Judicial Court affirmed on Tuesday that a high court justice had the discretion to deny bail to three men charged with first-degree murder, despite the fact that they had been incarcerated without a guilty verdict since 2021.

  • June 08, 2026

    7th Circ. Says Wis. County Jail Must Face Forced Labor Suit

    The Seventh Circuit revived a lawsuit alleging Kenosha County forced civil immigrant detainees housed at its jail to do unpaid janitorial work or be punished, ruling Friday the forced labor statute doesn't allow local jails to force detainees to work "on pain of solitary confinement" or loss of phone privileges. 

  • June 05, 2026

    NY Appeals Court Tosses Gun, Drug Plea Over Illegal Search

    A man sentenced to 16 years in prison had his guilty plea for drug and gun charges vacated after a New York state appeals court found that a trooper who searched his jacket pocket and discovered a gun had no right to frisk him in this manner.

  • June 05, 2026

    5th Circ. Backs Texas Cop In Mistaken-Identity Shooting Suit

    The Fifth Circuit has ruled that a man who was shot by police in a case of mistaken identity will not be able to move forward with his civil suit because the officer did not violate his civil rights and is covered by qualified immunity.

  • June 04, 2026

    4th Circ. Revives Inmate Suit, Citing Deleted Prison Video

    An inmate whose prison disciplinary conviction for indecent exposure led to his transfer to a maximum security facility should not have lost his case without having his sanctions request over destroyed video evidence reviewed, a Fourth Circuit panel said Thursday, vacating and remanding a lower court's decision.

  • June 04, 2026

    NC Justices Launch Commission To Tackle Legal Deserts

    Forty-eight of North Carolina's 100 counties are classified as legal deserts, and a commission established by the state's supreme court will aim to address this dearth of attorneys at a meeting Friday, the North Carolina Judicial Branch said.

  • June 03, 2026

    Ga. High Court Ends COVID Execution Pause Agreement

    Georgia can move forward with the executions of a number of incarcerated people on death row, with the state's highest court finding it made good on an agreement to pause the practice during the COVID-19 pandemic.

  • June 03, 2026

    Court Reporter Shortage A 'Crisis,' Calif. Supreme Court Told

    Two legal nonprofits urged the California Supreme Court to issue an order entitling low-income civil litigants to electronic recording if a live court reporter is not available, saying at a hearing Wednesday that a court reporter shortage in the Golden State has created a "crisis."

Expert Analysis

  • How Civilian Attorneys Can Help Veterans

    Author Photo

    With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.

  • Prison Abuse Victims May Get Justice In NY Look-Back Term

    Author Photo

    As New York opens a one-year window for survivors of adulthood sexual abuse to bring otherwise time-barred claims, incarcerated individuals who were abused by prison staff have an opportunity to seek redress, and can rely on a recent federal court decision to assess potential remedies, says Jaehyun Oh at the Jacob D. Fuchsberg Law Firm.

  • As 4th Circ. Reminds, Carrying Cash Is Not A Crime

    Author Photo

    The Fourth Circuit’s recent decision in U.S. v. McClellan makes clear that unwillingness or inability to use a bank account does not necessarily make someone a criminal, and that the government needs evidence of wrongdoing before seizing and keeping assets, say Robert Johnson and Caroline Grace Brothers at Institute for Justice.

  • Algorithms Have Potential To Reduce Sentencing Disparities

    Author Photo

    Criminal legal system algorithms have mostly been used to assess the risk posed by defendants in settings like pretrial release, bail determinations, sentencing and parole supervision, but predictable modeling can also be used to reduce sentencing disparities and overly punitive outcomes, say ACLU researchers and collaborators.

  • 2 Legislative Reforms Would Address Many Immigration Woes

    Author Photo

    Congress should pass currently pending legislation to create an Article I immigration court and update the registry process — reforms that would shield immigration courts from political pressure, enable many longtime residents to cure their immigration status, and alleviate case backlogs, says retired immigration judge Dana Leigh Marks.

  • Mich. Ruling Widens Sentencing Protections For Young Adults

    Author Photo

    The Michigan Supreme Court’s recent decision in People v. Parks, holding that a mandatory life-without-parole sentence for an 18-year-old violated the state’s constitution, builds on a nascent trend, based in neuroscience, that expands protections for young people over 17 who are charged with serious offenses, says Kimberly Thomas at the University of Michigan Law School.

  • Bodega Worker Case Exposes Key Flaw In NY Legal System

    Author Photo

    The controversial murder case involving bodega worker Jose Alba reveals New York prosecutors’ common practice of charging first and investigating later — a systemic failure that has devastating consequences for individuals and undermines the presumption of innocence, says Michael Bloch at Bloch & White.

  • Justices' Resentencing Ruling Boosts Judicial Discretion

    Author Photo

    The U.S. Supreme Court’s recent decision in Concepcion v. U.S., holding that federal judges can consider new laws and a defendant’s rehabilitation in resentencing, will enable correction of overlong crack cocaine-related sentences — but this wider judicial discretion may also entrench existing disparities, says Mark Osler at the University of St. Thomas School of Law.

  • Justices Leave Many With No Court To Hear Innocence Claims

    Author Photo

    While bad lawyering is an all too common cause of wrongful convictions, the U.S. Supreme Court's recent decision in Shinn v. Ramirez closes the federal courthouse doors to evidence of ineffective counsel, leaving many without a meaningful opportunity to prove their innocence, says Christina Swarns at the Innocence Project.

  • Nonprofit Ruling Is An Important Step For Nonlawyer Practice

    Author Photo

    A New York federal judge’s recent ruling that will allow nonprofit Upsolve to give legal advice to low-income debtors without a license is a positive development for nonlawyer practice, but presents questions about how to ensure similar programs can exist without fighting dodgy constitutional battles, says Ronald Minkoff at Frankfurt Kurnit.

  • DOJ's Cautious Return To Supplemental Enviro Projects

    Author Photo

    While the U.S. Department of Justice has ended the Trump-era ban on negotiating supplemental environment projects as part of civil and criminal environmental settlements, the process and delay around this change suggest that SEPs may be more limited under the Biden administration than in the past, say attorneys at Sidley.

  • Justices' Ruling Makes Some Progress On Cop Accountability

    Author Photo

    The U.S. Supreme Court’s recent decision in Thompson v. Clark removes a roadblock that stymied malicious prosecution lawsuits, and could have positive impacts beyond the Fourth Amendment — but suits seeking accountability for police misconduct still face numerous challenges, says Brian Frazelle at the Constitutional Accountability Center.

  • We Can't Rely On Lawyers For Every Justice Need

    Author Photo

    The Southern District of New York, which recently heard arguments in Upsolve and John Udo-Okon v. New York, has the opportunity to increase access to justice by allowing nonlawyers to provide legal help, shifting the focus from credentials to substantive outcomes, says Rebecca Sandefur at Arizona State University.

  • Reinvigorated DOJ Is Strong Incentive For Police Reforms

    Author Photo

    The U.S. Department of Justice is fully back in the business of investigating law enforcement agencies as part of the Biden administration's prioritization of racial equity, criminal justice reform and prosecution of hate crimes, so police departments have strong incentive to be proactive in their reforms, say attorneys at McGuireWoods.

  • Habeas Ruling Shows Justices' Growing Hostility Toward Writ

    Author Photo

    The U.S. Supreme Court’s recent decision in Brown v. Davenport, upholding the murder conviction of a man who was shackled at trial in view of the jury, makes an unjust federal review law more potent, and points to the conservative supermajority’s increasing antagonism toward writs of habeas corpus, says Christopher Wright Durocher at the American Constitution Society.

Can't find the article you're looking for? Click here to search the Access to Justice archive.