More from this issue:

1. Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions, by Dale Chappell, Jacob Barrett
2. California Court of Appeal Vacates Conviction Because Generic Immigration Consequences Warning Insufficient for Defendant to Understand Mandatory Immigration Consequences as a Result of Guilty Plea, by David Reutter
3. The FBI’s Gestapo Tactics: Hallmarks of an Authoritarian Regime, by Nisha Whitehead, John W. Whitehead
4. California Court of Appeal: Defendant’s ‘Novel Interpretation’ of Pen. Code § 1203.01 Entitles Him to Have Trial Court Consider Motion to Correct Post-Judgment Record 40 Years After Conviction Final, by Douglas Ankney
5. SCOTUS Announces Government Must Prove Physicians in § 841 Prosecutions ‘Knowingly and Intentionally’ Exceeded Their Authorization to Prescribe Controlled Substances, Such as Opioids, by Harold Hempstead
6. Texas Court of Criminal Appeals: Warrant to Search Cellphone Must Establish Nexus Between Device and Offense Beyond ‘Boilerplate’ Language About Cellphones Being Ubiquitous and Used in Crimes, by Anthony Accurso
7. Hawai’i Supreme Court Announces Medical ‘Rule-Out Questions’ Prior to Field Sobriety Test Are Interrogation Triggering Miranda Requirements, by Anthony Accurso
8. New Jersey Supreme Court Orders New Trial Because Detective Failed to Clarify Suspect’s Ambiguous Request for Counsel During Interrogation, by Douglas Ankney
9. Third Circuit Announces First Step Act Applies Retroactively to Defendant Whose Pre-Act Sentence Vacated After Act’s Enactment, by Harold Hempstead
10. Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar, by Dale Chappell
11. SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment, by Harold Hempstead
12. Fifth Circuit: Officer’s Testimony About CI’s Controlled Buy That He Did Not Personally Witness Violates Confrontation Clause, by Mark Wilson
13. SCOTUS Refuses to Extend Bivens Remedy to Either First Amendment Retaliation Claim or Fourth Amendment Excessive-Force Claim, by Dale Chappell
14. Tech Giants Support Ban on Geofence and Reverse Keyword Warrants, by Anthony Accurso
15. Seventh Circuit: Federal Habeas Corpus – AEDPA Time Limit Opens Door for Savings Clause Relief, by Dale Chappell
16. Ohio Supreme Court: Amendment to Statute That Shifts Burden of Proof to State Regarding Self-Defense Applies to All Pending and New Trials After Effective Date, Regardless of When Alleged Crime Occurred, by Douglas Ankney
17. New Mexico Supreme Court Announces Judicial Misconduct May Bar Retrial Under Double Jeopardy Clause of State Constitution, by Douglas Ankney
18. USSC Report Highlights Problems with Sentencing in Child Porn Cases, by Dale Chappell
19. California Court of Appeal Announces Term ‘Actual Killer’ in Revised Felony-Murder Statute Refers to Person Who ‘Personally Killed’ Victim, Not Necessarily Same as Person Who ‘Caused’ Death, for Resentencing Purposes Under § 1170.95, by Matthew Clarke
20. Forensic Psychiatrist Questions the Value of Memory, by Jayson Hawkins
21. The Blue Wall of Silence: Law Enforcement Whistleblowers Face Severe Retaliation, by Casey Bastian
22. Fourth Amendment Loopholes and the PATRIOT Act’s Legacy, by Anthony Accurso
23. FBI Phone Hack May Have Monitored Americans in Operation Trojan Shield, by Jayson Hawkins
24. Psychological Repercussions of Surveillance, by Anthony Accurso
25. Chicago PD Is Spying on Social Media Using Fake Profiles Provided by the FBI, by Anthony Accurso
26. Study Shows Crime Reduced When Crisis Teams, as Opposed to Police, Respond to Low-Level Crimes, by Jacob Barrett
27. Understanding Environmental Effects on Blowflies Permits Fine-Tuning of Evidence Revealed From Fly Colonization of Decomposing Bodies, by Douglas Ankney
28. News in Brief

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:

• First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’, March 15, 2024. Miranda, Custodial Interrogations, In-home, Right To Remain Silent, Interrogation, Voluntary Nature/Voluntariness.
• Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements, Jan. 15, 2024. Informants, Post-Arrest Statements, Informants and Paid Witnesses, Confessions - Admissibility, Police Interrogations, Custodial Interrogations, Confessions and Statements of Defendant.
• Massachusetts Supreme Judicial Court Affirms Granting of New Trial in Murder Case Based on IAC Where Counsel Failed to Investigate Exculpatory Evidence Contained in a Proffer and Provided to Counsel Prior to Trial, May 15, 2023. Ineffective Assistance of Counsel, New Trial/Judgment of Acquittal, Exculpatory Evidence - Disclosure Obligations.
• California Court of Appeal: At Felony-Murder Resentencing Hearing, Court May Not Deny Relief Based on Findings That Are Inconsistent With Previous Acquittal, Jan. 15, 2023. New Trial/Judgment of Acquittal, Resentencing, Factual Disputes/Findings.
• 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.
• California Court of Appeal: Trial Court’s Dismissal of Charge Based on Express Statement of ‘Insufficient Evidence’ Is Equivalent to Acquittal for § 1170.95 Resentencing, May 15, 2022. New Trial/Judgment of Acquittal, Insufficiency of the Evidence.
• Vermont Supreme Court: Under Totality of Circumstances, Police Interview of Defendant in Store Parking Lot Was ‘Custodial Interrogation,’ Triggering Requirement for Miranda Warnings, May 1, 2022. Miranda, Custodial Interrogations.
• California Court of Appeal: Police Created Atmosphere of Custodial Interrogation Requiring Miranda Warnings Even Though Prearrest Interview Occurred in Teen Suspect’s Home, Dec. 15, 2021. Miranda, Custodial Interrogations.
• Beating Death in Oahu Jail Ends With Acquittal of Mentally Ill Killer, Sept. 1, 2021. Prison/Jail Murders, Failure to Treat (Mental Illness), New Trial/Judgment of Acquittal.
• Wisconsin Prisoner In Vegetative State After Suicide Attempt Wins New Trial on Jury Instruction Error, July 1, 2021. Jury Instructions, Suicides, New Trial/Judgment of Acquittal.