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:

• 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
• 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
• $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024
• Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, April 15, 2024
• New York Court of Appeals Declines to Adopt Per Se Rule That Handcuffed Person Is Always ‘In Custody’ for Miranda Purposes, but Holds the Handcuffed Defendant Was ‘In Custody’ and Suppress Incriminating Statements, April 15, 2024
• Fifth Circuit: Admission of DHS Investigation Form G-166F at Trial Where Preparer of Form Did Not Testify Violates Confrontation Clause and Rule Against Hearsay, April 15, 2024
• Does the Fourth Amendment Protect Cellphones at the Border?, April 15, 2024

More from these topics:

• SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024. Double jeopardy.
• New Mexico Supreme Court Clarifies When Reviewing Double Jeopardy Claims, Court to Apply Blockburger’s Strict-Elements Test or Modified Strict-Elements Test—Not Both, Jan. 15, 2024. Double jeopardy.
• Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023. Search warrants, Warrants, Probable Cause, Material Falsehoods, Authorized Persons.
• Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher Charge, Nov. 15, 2022. U.S. Sentencing Guidelines, Double jeopardy, New Trial/Judgment of Acquittal.
• New Mexico Supreme Court Announces Judicial Misconduct May Bar Retrial Under Double Jeopardy Clause of State Constitution, Sept. 15, 2022. Double jeopardy, Judicial Disqualification/Misconduct.
• Michigan Supreme Court Announces Punishment for Second-Degree Murder and Involuntary Manslaughter When Based on Same Conduct Violates Prohibition Against Double Jeopardy, July 15, 2022. Double jeopardy.
• California Court of Appeal: Defendant Cannot Be Convicted of Robbery and Kidnapping to Commit Robbery for Same Act, June 15, 2021. Double jeopardy.
• Mississippi Supreme Court Reverses Conviction due to Double Jeopardy Violation Because of Mistrial Without Manifest Necessity in Initial Trial, June 15, 2021. Double jeopardy, Mistrial Motion.
• Ohio Supreme Court: Imposing Two Punishments for One Quantity of Mixture of Heroin and Fentanyl Violates Double Jeopardy, April 15, 2021. Double jeopardy, Drug Laws/Offenses.
• Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government, Feb. 15, 2021. First Step Act, Double jeopardy.