More from this issue:

1. Deliberately Convicting the Innocent: Exonerations Expose the Criminal Justice System’s Callous Indifference Toward Official Misconduct, by Douglas Ankney
2. Tenth Circuit: District Courts Have Authority to Decide What Constitutes ‘Extraordinary and Compelling Reasons’ for Compassionate Release After First Step Act, by Dale Chappell
3. Texas Court of Criminal Appeals: Warrantless Arrest Designed to Elicit a Confession Constitutes Flagrant Misconduct Requiring Suppression of Confession, by Douglas Ankney
4. Pennsylvania Supreme Court: Failure to Object to Improper Jury Instruction and Curative Instruction by Court Containing ‘Freudian Slip’ Constitutes IAC, by Anthony Accurso
5. Federal Habeas Corpus: Discovery and Expanding the Record, by Dale Chappell
6. Illinois Supreme Court Announces Person Seeking Certificate of Innocence Need Only Prove Innocence of Originally Prosecuted Theory of Offense, not Every Conceivable Theory, by Matthew Clarke
7. An Ignoble Process How High-Pressure Tactics and Flawed Investigative Techniques Created a Miscarriage of Justice, by Casey Bastian
8. Inflation Increases Likelihood of Felony Theft Charges, by David Reutter
9. Report Shows Cellphone Searches Common, by Jayson Hawkins
10. Iowa Supreme Court: Successful Adjustment to Sex Offender Registry Requirements Not a Reason to Deny Modification, by David Reutter
11. California Court of Appeal: Defendant Cannot Be Convicted of Robbery and Kidnapping to Commit Robbery for Same Act, by Anthony Accurso
12. Alaska Supreme Court: ‘Set Aside’ Conviction From 1997 Is Not ‘Conviction’ Triggering Lifetime ASORA Registration, by Anthony Accurso
13. Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, by Derek Gilna
14. Eleventh Circuit: Timely Filed Amended Fla. R. Crim. P. 3.850 Motion Tolls AEDPA Clock, Rejects State’s Proposed 30-Day Limitations Period, by Dale Chappell
15. Ninth Circuit Joins Five Other Circuits in Holding § 1B1.13 Doesn’t Apply to Compassionate Release Motions by Prisoners, by Dale Chappell
16. Cancel Culture Nothing New to Those on Sex Offense Registries, by Sandy Rozek
17. North Carolina Governor Announces Formation of Juvenile Sentence Review Board, by Douglas Ankney
18. The Era of Punitive Excess The criminal justice system is marred by an overreliance on excessive punishment, by Bruce Western, Jeremy Travis
19. Tenth Circuit: Warrantless Search of Truck Driver’s Home Not Justified Solely by Connection to Alien Smuggling, by Anthony Accurso
20. Sixth Circuit: State Court Committed Constitutional Error in Applying Ohio Rules of Evidence 606(B) to Deny Right to Fair Trial, by Dale Chappell
21. Direct Collateral Review Creates Path Around AEDPA Hurdles for State Prisoners Seeking Postconviction Relief, by Dale Chappell
22. Maine Supreme Court: Counsel’s Introduction of Victim’s Video Interview with Police Was Not ‘Sound Trial Strategy,’ Constituted IAC, by Dale Chappell
23. D.C. Circuit: Conflicted Counsel During Habeas Proceeding Requires Appointment of Conflict-Free Counsel, by David Reutter
24. Mississippi Supreme Court Reverses Conviction due to Double Jeopardy Violation Because of Mistrial Without Manifest Necessity in Initial Trial, by Matthew Clarke
25. Wyoming Supreme Court Abandons Alter Ego Rule in Relation to Defense-of-Another Claim, by Anthony Accurso
26. California Court of Appeal: § 3051’s Exclusion of One Strike Offenders from Youthful Offender Parole Hearings Violates Equal Protection, by Douglas Ankney
27. Seventh Circuit: Knowing and Intelligent Waiver of Miranda Rights Distinct and Separate Issue From Whether Statement Was Voluntary, by Douglas Ankney
28. Fifth Circuit: U.S.S.G. § 1B1.13 Policy Statement Not Applicable to Prisoner’s Motion for Compassionate Release, by Douglas Ankney
29. Illinois Supreme Court: Motion to Suppress Statements Granted Where Police Prolonged Traffic Stop to Investigate Offenses Unrelated to the Stop, by Douglas Ankney
30. Baltimore and St. Louis ‘Shoot Down’ Spy Planes, by Douglas Ankney
31. First Circuit: Government’s Mention of Co-Defendant’s Guilty Plea Before Jury Was Confrontation Clause Violation Warranting New Trial, by Anthony Accurso
32. SCOTUS Reaffirms Habeas Court Must Consider Entire Record Before ‘Disturbing’ a State Criminal Judgment, by Dale Chappell
33. West Virginia Supreme Court: Emergency Protective Order Not De Facto Search Warrant, by Douglas Ankney
34. Report: U.S. Border Patrol Not Nearly as Nice as It Claims, by Edward Lyon
35. Potentially Deadly War Gas Deployed Against Black Lives Matter Protesters, by Matthew Clarke
36. Tenth Circuit Joins Other Circuits, Holds § 1B1.13 Does Not Apply to Compassionate Release Motions Filed by Prisoners, by Dale Chappell
37. Kentucky Supreme Court: Blood Test Refusal Inadmissible as Evidence in DUI Case Even to Explain Why Prosecution Has No Scientific Evidence of Intoxication, by Matthew Clarke
38. News in Brief

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:

• Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, April 15, 2024. Medication, Statistics/Trends, Warrantless Searches.
• Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, March 15, 2024. Parole/Probation Searches, Condition of Probation, Warrantless Searches.
• CBP Promises Not to Buy Location Data – But Is It a Hollow Promise?, Dec. 15, 2023. Police Misconduct, Warrantless Searches, Electronic Surveillance, Digital Devices.
• Law Enforcement Using Technology That Accesses Live Video From Any Camera Connected to the Internet, Sept. 1, 2023. Warrantless Searches, Electronic Surveillance.
• New Montana Law Bans Warrantless Facial Recognition Surveillance, Sept. 1, 2023. Warrantless Searches, Authentication/Identification, EP2P Software, Eyewitness Identification.
• California Supreme Court Announces Warrantless Search Parole Condition Does Not Dissipate Taint of Unlawful Detention and Subsequent Search, Suppresses Evidence, Aug. 1, 2023. Warrantless Searches, Suppression, Probation, Parole & Supervised Release.
• A Surveillance Scam by Any Other Name Is But a Parasite, Aug. 1, 2023. Police State-Surveillance, Warrantless Searches, Electronic Surveillance.
• Police Departments Conspire with Boards to Secretly Install License Plate Cameras Without Consent of Residents, Aug. 1, 2023. Police State-Surveillance, Warrantless Searches, Curtilege.
• Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights, June 15, 2023. Fourth Amendment, rights, Warrantless Searches, Searches - Home/Curtilage, Specific Intent.
• Seventh Circuit: Fugitive Who Leased Condo Under Alias Retained Expectation of Privacy so Landlord Could Not Give Valid Consent for Warrantless Search of Premises, May 15, 2023. Warrantless Searches, Privacy Act/Rights, Drug Laws/Offenses.