More from this issue:

1. Absurd, Abusive, and Outrageous: The Creation of Crime and Criminals in America, by Christopher Zoukis
2. Study’s Data Show Racial Disparity in Plea Bargaining Outcomes, by Derek Gilna
3. Missouri Supreme Court Holds Probation Revocation for Nonpayment of Court Costs Unconstitutional, by Mark Wilson
4. Evidence Scandal Leads to the Dismissal of over 140 Texas Criminal Cases, by Matthew Clarke
5. Fourth Circuit Holds Supervised Release Revocation Sentence Unreasonable, by Christopher Zoukis
6. Urban Institute Releases Report Detailing the Effects of Criminal Background Checks on Employment, by Derek Gilna
7. California SVP Determination Based on Hearsay Evidence Reversed, by Mark Wilson
8. Alford Pleas: Prosecutors’ Choice for the Wrongfully Convicted, by David Reutter
9. Eighth Circuit: Warrantless Seizure of Handgun Not Permitted under Plain View Doctrine, by Mark Wilson
10. News in Brief
11. Oregon Supreme Court Rules No Vindictiveness in Resentencing Where Longer Term for Specific Conviction but Overall Multi-Conviction Sentence Shorter, by Mark Wilson
12. Seventh Circuit: Violent Cop’s Below-Guideline Sentence Not Justified, Again, by Mark Wilson
13. Unloaded Firearm in Zipped Case Is Not “Deadly Weapon” under Oregon’s First-Degree Burglary Statute, by Mark Wilson
14. D.C. Court of Appeals Rules Warrantless Use of Stingray Device Constitutes Unlawful Search and Reverses Defendant’s Convictions, by Richard Resch
15. Eleventh Circuit Holds Defendants Voluntarily Consented to Search in Police Ruse to Search Home Purportedly to Investigate Burglary, by David Reutter
16. Pennsylvania Supreme Court Rules State Sex Offender Registration Law Violates Ex Post Facto Clause, by David Reutter
17. Georgia Supreme Court Rules Flipping the Bird Is Not Disorderly Conduct, by Christopher Zoukis
18. New Study: “Broken Windows” Policing May Not Be as Effective as Thought, by Christopher Zoukis
19. California Felonizes Some Prosecutorial Misconduct, by Matthew Clarke
20. Ninth Circuit Concludes Mandatory Supervision Akin to Parole for Fourth Amendment Analysis, by Mark Wilson
21. Proof of Law Enforcement Duty Is Primary Job to Establish Peace Officer Status, by David Reutter
22. Oregon Enacts Law Requiring Grand Jury Testimony to Be Recorded—Finally!, by Mark Wilson
23. Georgia Supreme Court Tosses DUI Conviction Based on Officer’s Testimony of Impairment, by Christopher Zoukis
24. Third Circuit Holds Habeas Petitioner’s Claim Based on Prosecutor Knowingly Using Perjured Testimony Not Subject to Brecht “Actual Prejudice” Standard, by Richard Resch
25. Nevada Supreme Court: Mistrial Due to Egregious and Improper Conduct by Prosecutor Bars Retrial, by Christopher Zoukis
26. Several States Bar Landlords from Automatically Denying Housing to Felons
27. Habeas Hints: SCOTUS Review 2016–17, by Tara Hoveland, Kent Russell
28. Fourth Circuit Holds North Carolina Sex Offender Restrictions Unconstitutional, by Matthew Clarke
29. Colorado Supreme Court Rules That Criminal Trespass Is a Lesser Included Offense of Burglary, by Christopher Zoukis
30. Colorado Supreme Court Rules That Unlawful Sexual Contact Is a Lesser Included Offense of Sexual Assault, by Christopher Zoukis
31. Kentucky Court Rules Death Penalty Statute Applied to Defendant under 21 Years Old Unconstitutional, by Mark Wilson

More from Mark Wilson:

• Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
• Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
• Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
• After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
• Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
• Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
• Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
• Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
• Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
• Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023

More from these topics:

• Illinois Supreme Court Announces Conviction 
for Attempted First Degree Murder Requires 
‘Intent to Kill Without Lawful Justification, Aug. 1, 2025. Jury Instructions, Ineffective Assistance of Counsel, Inconsistent.
• South Carolina Supreme Court Announces Traditional 
Four-Element Standard for When Person Has Right 
to Use Deadly Force in Self-Defense Not Applicable 
to Non-Deadly Force Self-Defense Analysis, May 15, 2025. Defenses, Jury Instructions.
• Minnesota Supreme Court Clarifies Standard for Determining Whether a Defendant Is Entitled to Jury Instructions 
on Self-defense and Defense of Others, May 15, 2025. Defenses, Jury Instructions, Jury Instructions in Jury Room.
• Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025. Jury Instructions, Evidence - Failure to Disclose.
• Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025. Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment.
• Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, Oct. 1, 2024. Defenses, Jury Instructions, Motive/Opportunity/Intent/Identity Evidence.
• Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1), June 15, 2024. Jury Instructions, Essential Elements of Crime, Mens Rea Element, Elements of Offense, Failure to Instruct on Scienter Requirement.
• Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, Dec. 15, 2023. Jury Instructions, Criminal Procedure, Fair Trial, Verdicts.
• California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-­Murder Theory, Oct. 1, 2023. Jury Instructions, New Trial Motions, Murder/Felony Murder.
• New York Court of Appeals Announces When an Alternate Juror Is ‘Discharged’ and no Longer ‘Available for Service’, May 15, 2023. Jury Instructions, Jurors - Alternates.