More from this issue:

1. News in Brief
2. Oklahoma: Cocaine Bust Was Really Only Powdered Milk, by Edward Lyon
3. Freedom or Restitution for the Wrongfully Convicted, by Jayson Hawkins
4. Eighth Circuit: Defendant Who Pleaded Guilty to State Felonies Didn’t Know He Couldn’t Possess Firearms Prior to Sentencing Because He Didn’t Know He Had Been Convicted, by Anthony Accurso
5. Sheriff Ackal’s Corruption Continues to Plague Louisiana Parish, by Douglas Ankney
6. Court Rulings Condemning Cash Bail Systems Increasing, by Edward Lyon
7. In Case of First Impression, Fourth Circuit Holds First Step Act Applies to Those Serving Supervised Release Revocation Sentences, by Dale Chappell
8. First Circuit Vacates Conviction Because Sister had Neither Actual nor Apparent Authority to Consent to Search of Brother’s Bags, by Douglas Ankney
9. South Carolina Supreme Court Grants New Trial Due to Prosecutor’s Prejudicial Closing Remarks, by Douglas Ankney
10. 3d Circuit: Counsel’s Failure to Investigate Drug Properties for Analogous Drug Comparison at Sentencing Constitutes Ineffective Assistance, by Douglas Ankney
11. Fourth Circuit Clarifies How to Bring a First Step Act Motion Applying the Fair Sentencing Act, by Dale Chappell
12. New York Court of Appeals: Police Officers May be Cross-Examined About Acts of Dishonesty Like Any Other Witness, by Douglas Ankney
13. Georgia Supreme Court Clarifies What a Defendant Must ‘Admit’ Before Raising an Affirmative Defense, by Douglas Ankney
14. Colorado Supreme Court Reverses Conviction Because Trial Court Failed to Give No-Adverse-Inference Jury Instruction for Choosing Not to Testify, by Douglas Ankney
15. Fifth Circuit Holds Davis Retroactive, Conspiracy Cannot Support 924(c) Convictions, by Dale Chappell
16. Book Review: The Habeas Citebook: Prosecutorial Misconduct Is an Invaluable Resource for Challenging Prosecutorial Misconduct, by Dale Chappell
17. Idaho Supreme Court: Where Police Were Unaware of Probationer’s Fourth Amendment Waiver Until After Unreasonable Search, Waiver Won’t Make Search Reasonable, by Douglas Ankney
18. Illinois Supreme Court: Statute Banning All Sex Offenders on Probation From Accessing or Using Social Networking Websites Facially Unconstitutional, by Douglas Ankney
19. Second Circuit Affirms District Court’s Decision Setting Aside Guilty Verdict in a Case of Irreconcilably Inconsistent Verdicts, by Douglas Ankney
20. Sixth Circuit: Grant of Habeas on Grounds that State Trial Court Violated Defendant’s Right to Present a Complete Defense, by Douglas Ankney
21. Oregon Supreme Court: Conviction for Interfering with Police Requires Lawful Order, by Mark Wilson
22. Montana Supreme Court Holds Automatic 35% Drug Fine Facially Unconstitutional, by Dale Chappell
23. Alaska Police Department Run by Former Convicts, by Kevin Bliss
24. Washington Supreme Court Affirms Warrantless Search of CSLI Data but Holds Convictions for Both First-degree Rape and Felony Murder Predicated on Rape Violate Double Jeopardy, by Douglas Ankney
25. Hundreds of Dishonest Cops Called as Witnesses, by Jayson Hawkins
26. 11th Circuit: General Threat of Harm Inherent in Every Bank Robbery Doesn’t Qualify for ‘Threat-of-Death’ Enhancement, by Douglas Ankney
27. Which Makes Us Safer? Residency Restrictions or Enhanced Rehabilitation for Former Sexual Offenders?, by Sandy Rozek
28. New York Criminal Record-Sealing Program Revisited, by Edward Lyon
29. In Case of First Impression, Pennsylvania Supreme Court Holds Compelling Suspect to Disclose Computer Password Is Testimonial in Nature and Violates Fifth Amendment’s Privilege Against Self Incrimination, by Douglas Ankney
30. Thousands of Convictions Questioned; Prisoners Released Show Why Law Enforcement Technology Must Be Tested by Third Parties, by Dale Chappell
31. Washington Supreme Court Announces Rules for Trial Courts When Implicit Racial Bias Alleged in Jury Decision, by Douglas Ankney
32. To Compute, or Not to Compute: Algorithm-Driven AI in the Criminal Justice System, by Edward Lyon
33. Ninth Circuit Holds Evidence from Martinez Hearing Can Be Considered in Granting Habeas Relief, Despite Bar Against Evidentiary Hearings on Facts Not Raised Below, by Dale Chappell
34. Indiana Supreme Court Announces Analytical Framework When Determining Whether Punitive In Rem Forfeiture Violates Excessive Fines Clause, by Douglas Ankney
35. Hundreds of Cop Shootings Yearly in Arizona, by Edward Lyon
36. Federal District Court Grants § 2255 Motion, Finds IAC for Failure to Object to Government’s ‘Misstatement of Law’ During Trial, by Dale Chappell
37. California Supreme Court Overturns Its Warrantless Identification Search Precedent, by Dale Chappell
38. First Circuit: Application of Subsequent Guidelines Manual to a Prior, Ungrouped Offense Violates Ex Post Facto Clause, by Douglas Ankney
39. Nullify Government Tyranny: In 2020, Harness the Power of Your Discontent, by John W. Whitehead
40. Oregon Parole Board Must Explain Reason for Extended Parole Postponement Period, by Mark Wilson
41. California Supreme Court Holds Confidential Personnel Information of Officers on Internal ‘Brady List’ Can Be Disclosed to Prosecutors, by Dale Chappell
42. From the Editor, by Richard Resch
43. Why Are Cops Around the World Using This Outlandish Mind-Reading Tool?, by Christian Sheckler, Ken Armstrong

More from Douglas Ankney:

• Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024
• Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024
• Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024
• California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction, May 15, 2024
• Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds, May 15, 2024
• New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, May 15, 2024
• Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, May 15, 2024
• New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase, May 15, 2024
• Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen, May 15, 2024
• $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024

More from these topics:

• Sixth Circuit Refuses Michigan Prisoner’s Excessive Force Claim Despite Guard’s Conviction for Battery, April 1, 2024. Jail Misconduct, Eighth Amendment, Guard Brutality/Beatings, State Law Claims, Immunity - Absolute and Qualified.
• Indiana Supreme Court Announces Civil Forfeiture Triggers Right to Jury Trial, Feb. 15, 2024. Forfeiture, Forfeiture Money Judgments, Jury Trial.
• Sixth Circuit Announces Due Process Right to ‘Prompt’ Post-Seizure Hearing While Government Deciding Whether to Initiate Forfeiture Proceedings and Holds Wayne County’s Vehicle Forfeiture Program Violates Due Process, Feb. 15, 2024. Forfeiture.
• Houston Prosecutors Profit Millions From Cash Illegally Seized, April 15, 2023. Seizure of Prisoner Funds, Forfeiture.
• Theft of Public Funds or Accounting Incompetence? Kansas Police Agencies Can’t Accurately Track Property Forfeitures, Jan. 15, 2023. Forfeiture, Federal Funds.
• Charlotte Is Ground Zero for New FBI Asset Forfeiture Tip Line Program, Jan. 15, 2023. Forfeiture.
• Sixth Circuit Announces Criminal Forfeiture Under Fed. R. Crim. P. 32.2(b) Is Mandatory Claims-Processing Rule, Reverses $62.5 Million Money Judgments, Dec. 15, 2022. Forfeiture, Sentence and Judgement.
• 11th Circuit Tells Sexually Assaulted Transgender Georgia Prisoner: PREA Violations Aren’t Per Se Eighth Amendment Violations, Oct. 27, 2022. Sexual Assault, Eighth Amendment, Prison Rape Elimination Act, Discrimination (Transgender).
• Seventh Circuit Reiterates That Threats and Withholding Grievance Forms Render Administrative Remedies Unavailable to Prisoner, July 15, 2022. Retaliation for Filing Grievances, Failure to Protect (General), Eighth Amendment.
• Eighth Circuit Reinstates Arkansas Prisoner’s Claim Over DOC’s Failure to Maintain Hearing Aids, July 15, 2022. Correct Care Solutions, Hearing, Failure to Treat, Malpractice, Eighth Amendment, Americans with Disabilities Act.