Week of August 21, 2026 Case Summaries

This 99-page, three-opinion monster concerns a significant issue of first impression: Whether the police need probable cause and a warrant to search DNA that is on a soda can they retrieve from a person’s trash. The majority says no. Judge Schutz, in his dissent, tells the government to “get a warrant.” We will see what the Supreme Court does with this. There are also two “lesser” issues concerning CRE 404(b) evidence and prosecutorial misconduct that were rejected.

Schlitt went bow hunting and killed a bear. He was later convicted of numerous offenses related to how he handled the carcass. Issue #1: Schlitt’s waste conviction must be merged with his conviction for illegal possession. Issue #2: There was sufficient evidence to support the willful destruction charge. Issue #3: There was no constructive amendment or fatal variance in the jury instructions for the willful destruction charge. Issue #4: There was no reversible prosecutorial misconduct in voir dire or closing argument.

Interesting issue about “spillover” that led to thoughts on the due process problem from submitting multiplicitous charges to the jury. Food for thought where the government proceeds to trial on “too many counts.”