The Michigan Supreme Court has overturned 25 years of state precedent by reviving the diminished capacity defense, and the justices in Pennsylvania said the Legislature is out of time to craft new sentencing guidelines for second-degree murder. 

Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

State high courts

Mich. High Court Revives Diminished Capacity Defense

The Michigan Supreme Court has revived the diminished capacity defense in criminal cases, overruling a 25-year-old precedent that barred defendants from using evidence of mental illness short of legal insanity to challenge whether they acted with the intent required for a crime.

NJ Justices Clarify New-Evidence Standards In Murder Case

The New Jersey Supreme Court has 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.

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.

Pa. Justices Won't Extend Expired Sentencing Bill Deadline

Time is up for Pennsylvania lawmakers to develop new sentencing guidelines for second-degree murder, the state Supreme Court effectively said in an order refusing to extend the deadline for the Legislature to craft new minimums, maximums and parole rules.

Sentencings

4th Circ. Says Inmate Can Represent Himself At Sentencing

The Fourth Circuit has held 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.

Mich. Justices Nix Teen's 'Cruel' 50-Year Murder Sentence

Michigan's highest court has ruled that a 50- to 75-year sentence for a teenager convicted of second-degree murder was unconstitutionally cruel or unusual, calling the prison term "grossly disproportionate" in its latest ruling limiting severe sentences for young offenders.

Wrongful/Overturned Convictions

Mass. Justices Affirm New Trial In '93 Murder Case

Massachusetts' highest court has ruled 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.

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 co-defendant would testify in his case.

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 that police violated the state constitution by testing blood on his pants without a warrant or his consent.

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 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.

Qualified Immunity

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.

Immigration

New DHS Rule Will Speed Some Asylum Cases To Court

The U.S. Department of Homeland Security has unveiled a new regulation 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.

DHS, ICE Held In Contempt Over Asylum-Seeker Deportations

A Maryland federal judge held U.S. Immigration and Customs Enforcement in civil contempt for wrongfully deporting more than 50 unaccompanied minors with a blanket court order barring their removal, writing that the subsequent efforts to bring some of the minors back didn't right the initial wrong.

--Editing by Tim Ruel.