Failure to Submit to Blood Test in DUI No Longer Criminal: Supreme Court Strikes Down Implied Consent Statutes in Birchfield v. North Dakota

Written By: Darcy Townsend Senior Associate Editor, The American Journal of Trial Advocacy Driving is an American privilege that we exercise by agreeing to abide by the laws governing road safety. Every state has implied consent statutes designed to penalize motorists who refuse to submit to Breathalyzer or blood testing when…



Victim Impact Evidence Not Expanded: SCOTUS determines Victims’ Families Should Not Weigh-in on Sentencing in Bosse v. Oklahoma.

By: Matthew P. Neely Associate Editor, American Journal of Trial Advocacy Victim Impact Evidence Not Expanded: SCOTUS determines Victims’ Families Should Not Weigh-in on Sentencing in Bosse v. Oklahoma. On October 11, 2016, the Supreme Court of The United States overturned Shaun Michael Bosse’s death penalty sentence in a three page,…



Article Teaser: Applying the Deterrence Rationale of the Exclusionary Rule to the “Good Faith” Exception: A Way Forward

Applying the Deterrence Rationale of the Exclusionary Rule to the “Good Faith” Exception: A Way Forward By Steven N. Gosney[1] The most recent Supreme Court pronouncement on the exclusionary rule and the “good faith exception” to that rule came in Herring v. United States, 555 U.S. 135 (2009). According to…






Affirmative Unsatisf’Action’

By: Kylee Berger Research & Writing Editor, American Journal of Trial Advocacy After eight years of litigation and a shocking remand from the United States Supreme Court (“SCOTUS”) back down to a Texas Federal District Trial Court, what might be the Country’s most anticipated affirmative action lawsuit, Fisher v. University of…