More from this issue:

1. News in Brief
2. Killer’s Bold DNA-Based Defense to Get New Mexico Supreme Court Hearing, by Bill Barton
3. Study: Brazen Cops Posting Racist, Vitriolic Comments on the Internet, by Edward Lyon
4. Chicago PD Creating Files, Background Checks on Citizens Who Speak at Police Disciplinary Meetings, by Dale Chappell
5. Kentucky Supreme Court Rules Parole Board’s Revocation Procedures Are Unconstitutional, by Douglas Ankney
6. 7th Circuit Announces SORNA Requires Hybrid Approach in Comparing Underlying Conviction to Determine Tier Classification, by Anthony Accurso
7. Tenth Circuit Vacates Special Condition of Supervised Release That Gave Probation Officers Discretion to Ban Computer and Internet Usage, by Douglas Ankney
8. Arrest for Shouting ‘F—k You’ to Arkansas Trooper Violates First and Fourth Amendments Rights, Eighth Circuit Rules, by Michael Berk
9. Michigan Will Pay $1.5 Million to Longest Serving Exonerated Prisoner, by Bill Barton
10. MIX13 Reveals Potential Errors in DNA Testing, by Jayson Hawkins
11. Ninth Circuit Announces that District Court Cannot Sua Sponte Raise Waiver as Ground to Dismiss Motion for Sentence Reduction, by Douglas Ankney
12. First Circuit: Prosecutor Not Entitled to Absolute Immunity When Performing Purely Administrative Duty, by Anthony Accurso
13. New North Dakota Law Arrests Cops’ Ability to Seize Property, by Douglas Ankney
14. Black Drivers in Missouri 91 Percent More Likely to Be Stopped Than White Drivers, by Bill Barton
15. Maryland Court of Appeals: Sentence Imposed on Remand That Is of Equal Maximum Length as Former Sentence but With Longer Term Before Parole Eligibility Is ‘More Severe’, by Douglas Ankney
16. Delaware Supreme Court: Where Defendant Competent to Plead ‘Guilty but Mentally Ill,’ He May Revoke Plea Before It Is Accepted, by Anthony Accurso
17. First Circuit Rules Appeal Waiver Does Not Relieve Counsel of Duty to Consult About an Appeal, by Dale Chappell
18. Fifth Circuit Announces that Categorical Approach Applied to SORNA Doesn’t Permit Circustance-Specific Inquiry Into Offender/Victim Age Differential, by Douglas Ankney
19. Seventh Circuit Announces That More Than Psychological Coercion Required to Trigger § 2B3.1(b)(4)(B) Sentencing Enhancement, Disapproving Prior Holdings to the Contrary, by Douglas Ankney
20. New Hampshire Supreme Court: State’s Armed Career Criminal Statute Applies Only When Qualifying Convictions Arise From at Least 3 Separate Criminal Episodes, by Douglas Ankney
21. U.S. District Court Holds Residual Clause of Federal Three-Strikes Law Unconstitutional, by Dale Chappell
22. Genetic Testing Raises Privacy Concerns, by Bill Barton
23. Michigan Supreme Court: Reaching Out Door of Home to Retrieve ID Inadequate to Surrender Fourth Amendment Rights, by David Reutter
24. Tenth Circuit: No Absolute Immunity for Prosecutor Who Fabricated Evidence, by Douglas Ankney
25. The Power of Sheriffs: An Explainer, by Jessica Brand
26. Pitfalls of Using Risk Assessment Tools, by Jayson Hawkins
27. Eleventh Circuit Holds Time on Appeal Counts When Considering If Sentence Was Imposed Under Residual Clause, by Dale Chappell
28. Fourth Circuit Holds Appeal Waiver Does Not Preclude Retroactive ACCA Claim, by Anthony Accurso
29. Third Circuit Rules Lower Courts Abused Discretion When They Failed to Conduct Evidentiary Hearing on Brady Claim and on Conflict of Interest Claim, by Douglas Ankney
30. Whether State or Federal, Most Convictions Are Overwhelmingly Based on Guilty Pleas, by Edward Lyon
31. Minnesota Supreme Court: Even With a Warrant, Forced Anoscopy Is Unreasonable Search, by Douglas Ankney
32. 9th Circuit Finds IAC for Failure to Investigate Mitigating Factors During Penalty Phase of Capital Case, by Anthony Accurso
33. Oregon Supreme Court Announces State Constitution Prohibits Cops From Digging Through Residents’ Trash Without a Warrant, by Mark Wilson
34. SCOTUS Declares Portion of Federal Supervised Release Statute Unconstitutional, by Dale Chappell
35. Tracking Phones: Google as a Dragnet for the Police, by Bill Barton
36. Who Inflicts the Most Gun Violence in America? The U.S. Government and Its Police Forces, by John W. Whitehead
37. Partial Justice, by Christopher Zoukis

More from Michael Berk:

• Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review, March 18, 2020
• Texas Court of Criminal Appeals Announces New Test in Comparing Out-of-State Priors for Sentence Enhancement for Repeat Sex Offenders, Feb. 19, 2020
• Tenth Circuit: ‘Relevant Background Law’ Trumps Unclear Record in Granting § 2255 Relief From Johnson Error, Nov. 18, 2019
• Ninth Circuit: Drug Quantity in PSR Adopted by Sentencing Court not Binding in § 3582(c)(2) Sentence Reduction Proceedings, Oct. 16, 2019
• Arrest for Shouting ‘F—k You’ to Arkansas Trooper Violates First and Fourth Amendments Rights, Eighth Circuit Rules, Sept. 17, 2019
• Change to New York Misdemeanor Definition May Benefit Non-Citizens, Aug. 19, 2019
• Eighth Circuit Overlooks Procedural Default, Orders Immediate Release From Excessive ACCA Sentence Based on Prior Sex Offense, July 17, 2019
• Fifth Circuit: Plain Error Requiring Resentencing Where Court Didn’t Give Defendant Chance to Speak at Sentencing Hearing and Prospective Allocution Provided Added Details to Lead Reasonable Judge to Reconsider Harsh Sentence, July 16, 2019
• ‘DNA Mixtures,’ ‘Touch DNA,’ and Software-Enhanced Forensic DNA Analysis, July 16, 2019
• Suspected Mishandling of DNA Tests Puts Cases on Hold in Fort Worth, Texas, May 15, 2019

More from these topics:

• FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech, May 15, 2024. Racial Discrimination, Religious Discrimination, FBI, First Amendment, rights, Police State-Surveillance, Social Media.
• Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, April 15, 2024. Contractor Misconduct, Police Misconduct, Police, Terry Stops, Suspicionless Searches.
• Improvements to Decertification Procedure for Law Enforcement Officers Guilty of Excessive Force Urgently Needed, March 15, 2024. Police Misconduct, Commentary/Reviews, Police, Excessive Force (Police).
• Eleventh Circuit Revives Claim Against Florida Jail That Forced Detainee to Scan Legal Mail Into Computer with Memory Chip, March 1, 2024. Jail Specific, Supervisory Liability, Municipal Liability, Legal Mail, First Amendment, rights, Attorney/Client.
• Harris County, Texas, Settles Civil Rights Case for $1.5 Million Brought by Innocent Man Shot in His Home Five Times by Trigger-Happy Deputy, Feb. 15, 2024. Police Misconduct, Excessive Force (Police), Fourth Amendment, rights, Police/Govt Misconduct, Monell Liability, Fourth Amendment.
• Eleventh Circuit Addresses First Amendment, Due Process Interests in Georgia Prisoner Emails, Jan. 1, 2024. Electronic Monitoring, Qualified Immunity, Due Process, First Amendment, rights, Attorney Misconduct/Disqualification, Email and IP Addresses, Prison Mail, Legitimate Penological Interests.
• DOJ Concludes Louisville Police Engaging in Patterns of Unconstitutional Conduct, Nov. 1, 2023. Police Misconduct, Protests, First Amendment, rights, Relevant Conduct.
• The Almost Unknown Turkey Bowl and Black Sheep, Oct. 15, 2023. Exercise, Police.
• CoreCivic Fails to Defeat California’s Anti-SLAPP Law at Ninth Circuit, Must Pay $45,630 in Attorney Fees, Oct. 15, 2023. Corrections Corporation of America/CoreCivic, Settlements, First Amendment, First Amendment, rights.
• New Robotic Cops Patrolling in NYC, Sept. 1, 2023. Police, Electronic Surveillance.