Eve Brensike Primus

#D4D 's trove of pleadings includes this motion which argues for the exclusion of unreliable, non-eyewitness identification. The only thing less reliable than eyewitness ID is non-eyewitness ID. Make sure the jury knows that! #PublicDefenderTwitter

MDefenders is a faculty-led initiative at Michigan Law that combines education, student advising, mentorship, and national engagement to strengthen public defense and advance justice. MDefenders has five key components and this week we’ll highlight a bit about each

First up, MDefenders has a faculty sponsored student org that hosts weekly events designed to create community and introduce students to public defense and criminal legal system reform through speakers, panels, faculty and student-led discussions, social gatherings, and trainings

MDefenders Public Defender Training Institute 3L course immersion IRL of public defense & trains trial ready defenders. Intensive simulations with PDs & focus on selfcare PDTI teaches essential skills to disempower unjust punishment systems & to care for self while helping others

MDefenders | University of Michigan Law School MDefenders is a faculty-sponsored student organization as well as a network of courses, programming, and resources that support public defense education at Michigan Law and beyond. Founded in 2014, MD...

New year, same us, new spaces. MDefenders is now on BlueSky, LinkedIn, and X and our student group is on Insta. And we have a new website! Follow us as we train and inspire the next gen of zealous, client-centered Public Defenders #introduction michigan.law.umich.edu/mdefenders

State v. Roberts case caption

To summarize, although this case is moot, it qualifies for adjudication under ORS 14.175 because it presents questions regarding an act of a public body that is capable of repetition but likely to evade judicial review in the future, and it is appropriate for us to exercise our discretion to adjudicate it because it presents important constitutional questions that affect many cases across the state on a daily basis. Regarding those questions, we conclude that (1) the state violates Article I, section 11, if, as in relator’s criminal case, it fails to appoint counsel for an eligible defendant after arraignment for an extended period of time; (2) dismissal without prejudice can be an appropriate remedy for such a failure; and (3) a defendant is entitled to that remedy when, at any point after arraignment, the state fails to appoint counsel for a period of more than 60 consecutive days in a misdemeanor case or 90 consecutive days in a felony case.

OREGON SUPREME COURT: Oregon Constitution, as applied to public defense crisis, entitles defendants to dismissals without prejudice if, after arraignment, state fails to appoint
counsel for >60 consecutive days (misdemeanors) or >90 consecutive days (felonies). ojd.contentdm.oclc.org/digital/cust...

MDefenders Career Support with job resources & mentorship to Michigan Law students interested in public defense. 1on1s with faculty with public defender experience to discuss types of indigent defense & application strategy for specific offices & roles, & a PD OCI recruiting week

MDefenders Alumni Network more than 400 alumni working in indigent defense in 30+ different states. With alumni listerv, monthly newsletters, annual reunions & Zoom sessions, we keep our alumni connected & help them grow as advocates & raise level of representation nationwide

Oregon must dismiss more than 1,400 criminal cases due to attorney shortage, court rules Severe lack of public defenders has meant people charged with crimes have been routinely unable to fight their cases

More than 1,400 pending criminal cases in Oregon must be dismissed due to a huge shortage of public defenders, state supreme court ruled.

Many defendants have waited months or years to get a lawyer, a constitutional violation leaving them unable to fight charges, indefinitely derailing their lives.

MDefenders is now on Bluesky!

YouTube video by Michigan Law The Law is Not Yet Finished by Professor Richard Primus

"The Law is Not Yet Finished."

A lecture by Professor @richardprimus.bsky.social

Filmed on the last day of Law 648: Constitutional Interpretation.

youtu.be/x06367MQEa4

Seeing a driver press buttons on his phone doesn't create reasonable suspicion to stop him for texting while driving in violation of state law, Supreme Court of Maryland rules.
www.mdcourts.gov/data/opinion...

Groups sue Rankin DA over public records of ‘Goon Squad’ cases  - Mississippi Today A lawsuit filed in Rankin County Chancery Court seeks to force the district attorney's office to release public records about cases in which "Goon Squad" deputies were involved.

"A new lawsuit accuses Rankin County prosecutors of refusing to release public records that could play a role in reversing wrongful convictions resulting from criminal acts by a 'Goon Squad' of deputies, many of whom are serving decades in federal prison." mississippitoday.org/2026/01/22/g...

Very interesting forthcoming article on state constitutional equivalents to the 4th Amendment, and how state courts do and don't interpret them, from Quinn Yeargain.
papers.ssrn.com/sol3/papers.... #N

BIG IN THE 4A WORLD: The Supreme Court has granted cert in Chatrie, the geofence warrant case, to decide the following Q: "Whether the execution of the geofence warrant violated the Fourth Amendment." (I assume this includes both whether a "search" happened and whether the warrant was lawful.)

Today's blog post: Court of Appeals of Mississippi Finds Ineffective Assistance of Counsel in Failing to Introduce Alleged Suicide Note in Homicide Prosecution: www.evidenceprofblog.com/2026/01/cour...

QI is about establishing principles, not finding a case with identical facts, CA10 says: In this case, the principles of its precedents established that the government's conduct was excessive force. www.ca10.uscourts.gov/sites/ca10/f...

📢 Important Progress in California!

In People v. Kopp, The California Supreme Court ruled that courts must evaluate a person’s ability to pay upon request before imposing fees & urged the Legislature to pursue broader fines & fees reform.

@vanguardnewsgroup.bsky.social: tinyurl.com/2kej7hzc

No QI for officer who reached into shoplifting suspect's pockets and retrieved what was in it. There had been no arrest to justify the search, and this was clearly beyond the Terry frisk power. (Person hadn't shoplifted, and later sued.)
www.ca10.uscourts.gov/sites/ca10/f... #N

Defense counsel, a reminder: @NACDL's website has posted my motion to suppress for unlawful Internet preservation under 18 USC 2703(f).
nacdl.org/getattachmen...

Officers in a high crime area spot a driver known to be on supervised release for a drug offense. They watch him meet up with another man known to officers from another drug case. The suspects talk at the car for 2 min.

4th Circuit: There's no reasonable suspicion here.

Gov. Pritzker Signs Bill to Protect Immigrants from Unjust Federal Actions HB 1312 enacts protections for immigrants as the Trump Administration terrorizes Illinois communities

The Illinois Bivens Act is now law - people can sue under state law for ICE’s constitutional violations. Which state is next? When the feds fall down on their obligations to protect people’s rights, it is time for states to step up.

gov-pritzker-newsroom.prezly.com/gov-pritzker...

Eve Brensike Primus on How and Why to Keep Fighting Against Injustice | University of Michigan Law School Professor Eve Brensike Primus, ’01, recently spoke to a student audience about navigating the legal field as a budding professional. She encouraged the soon-to-be lawyers to continue fighting against ...

I was so honored to receive @umichlaw.bsky.social’s L Hart Wright Award for teaching excellence this past year. Teaching here is such a privilege. Here are some of my remarks upon accepting the award: michigan.law.umich.edu/news/eve-bre...

Data for Defenders Bringing Social Science into the Courtroom

New @umichlaw.bsky.social #DataforDefenders motions to compel discovery about & suppress evidence obtained through Flock's AI-inspired license plate reader technology. These motions explain why Flock-obtained data is not reliable and needs to be challenged in court. datafordefenders.org

The Dangers of Unregulated AI in Policing New data fusion tools risk embedding biases and chilling free speech.

The growing use of AI-powered tools in police departments raises serious concerns for civil rights and civil liberties. Our new analysis outlines the risks and the safeguards needed to address them. bit.ly/44nxPlx

State Dept of Revenue issues warrant to search for and seize any property of value of suspect for failure to pay taxes on profits from selling meth. Searching her residence, officers find meth.

NC Court of Appeals: Can't get a warrant for this under the 4A. Meth suppressed.

The Illinois legislature had passed the “Illinois Bivens Act,” allowing people to sue ICE agents in state court. Just waiting for Pritzker’s signature.

dailynorthwestern.com/2025/11/03/c...

Texas Court of Criminal Appeals— the state's highest court for criminal cases—rules that drug detection dog's unprompted entry of his nose into suspect's car through open window was a Fourth Amendment search.
search.txcourts.gov/SearchMedia....

Data for Defenders Bringing Social Science into the Courtroom

New @umichlaw.bsky.social #DataforDefenders brief argues that funding for and admission of an antiracism expert witness is necessary to ensure fairness and due process in many criminal cases: datafordefenders.org

Data for Defenders Bringing Social Science into the Courtroom

New @umichlaw.bsky.social #DataforDefenders brief argues that evidence that a defendant has a substance abuse problem is improper lay opinion testimony, impermissible character evidence, and unfairly prejudicial: datafordefenders.org