More from this issue:

1. Civil Asset Forfeiture: Unfair, Unjust, Un-American, by Christopher Zoukis
2. News in Brief
3. Driver’s License Required for Conviction as Florida Habitual Traffic Offender, by David Reutter
4. DNA Sketches Answer Prayers, Raise Concerns, by Dale Chappell
5. Research Needed: Do Drug Dogs Respond to Drugs or Handler?, by Christopher Zoukis
6. Questioning the Use of DNA Testing Software in Criminal Prosecution, by Christopher Zoukis
7. Maine Supreme Court: State Must Provide Evidence to Support Probation Revocation, by Dale Chappell
8. Texas Court of Criminal Appeals: Right to Appeal Judge’s Questioning Not Forfeited by Failure to Object, by Dale Chappell
9. Washington Court of Appeals Reverses Murder Conviction Due to Prejudicial PowerPoint, by Richard Resch
10. Louisiana Indigent Defendants Face Death Penalty Without Lawyers, by Christopher Zoukis
11. Two-Party Consent Law Forces Dismissal of 61 Cases in Washington Sting
12. Georgia Supreme Court Reverses Mutually Exclusive Guilty Verdicts, by Christopher Zoukis
13. Few Indigent Defendants Have Lawyer at Arraignment, by Mark Wilson
14. Ohio Supreme Court: Courts Can Seal Case Records Prior to Expiration of Statute of Limitations, by Dale Chappell
15. Massachusetts Supreme Court: Sleeping Juror Is “Structural Error,” Requires Intervention, by Dale Chappell
16. CA Court Rejects Inventory Search and Inevitable Discovery Arguments in Warrantless Search Case, by Richard Resch
17. California Court of Appeal: Prior Felony Does Not Convert “Wobbler” Into Felony, by Dale Chappell
18. Idaho Supreme Court: Suspicionless Fishing Expeditions Not Tolerated, by David Reutter
19. Georgia Supreme Court Instructs Federal Courts on Its Habeas Review Process, by Richard Resch
20. Houston Police End Use of Error-Prone Drug Field Tests, by Matthew Clarke
21. After 21-Year Imprisonment, Wrongfully Convicted Nevada Man Pardoned, by Christopher Zoukis
22. First Circuit: Plain Error Standard Met When Trial Court Emphasized Erroneous Jury Instruction, by Dale Chappell
23. New York Court of Appeals: Bail Bondsmen May Not Keep Premium If Defendant Not Released
24. Use of Sentencing Mitigation Videos Grows, by Derek Gilna
25. DNA Evidence: New Jersey Court Vacates Two 1996 Murder Convictions, by Mark Wilson
26. Curb False Confessions: Provide Suspects With Lawyers, by Derek Gilna
27. Fifth Circuit: “Fugitive from Justice” Enhancement Requires Intent to Avoid Prosecution, by Dale Chappell
28. Mississippi Capital Murder Conviction Reversed Due to Prosecutorial Misconduct, by Christopher Zoukis
29. Court of Criminal Appeals of Texas: Holds Trial Objection Enough to Preserve Issue for Appeal, by Dale Chappell
30. $2 Million to Disabled Syracuse Man Tased by Cops, by Dale Chappell
31. Hawaii Supreme Court: Defendants Entitled to Hearing Within 2 Days, by Dale Chappell
32. Seventh Circuit: Capital Case Defendant Denied Pro Se Right Granted Habeas Relief, by Christopher Zoukis
33. Jury Nullification: A Crucial Check on Government Power, by Christopher Zoukis
34. U.S. Murder Clearance Rates Among Lowest in the World, by Matthew Clarke
35. California Legalization of Marijuana Allows Convicted to Petition, by Derek Gilna
36. Second Circuit Vacates 60-Month Sentence in Model Guidelines Sentencing Decision
37. California Court of Appeal: Prejudice “Presumed” Where Jury Discussed Defendant’s Decision Not to Testify, by Dale Chappell
38. Massachusetts Supreme Court: Permanent Ban on Sealing Record of Sex Offender Unconstitutional, by Dale Chappell
39. Rhode Island Supreme Court Rules “Backseat Driver” Is a Real Thing Under Criminal Statutes, by Christopher Zoukis
40. Iowa Supreme Court: Search of Third-Party at Premises Subject to Warrant Violates State Constitution, by Richard Resch
41. Survival Tip: Don’t Call Cops If You’re Disabled, by Dale Chappell
42. San Francisco and San Diego Expunging Marijuana Convictions Under Prop 64
43. Ninth Circuit: Government Cannot Seize Cash Based Solely on Money’s Intended Use, by Christopher Zoukis
44. Unjust Sexual Offense Laws: Insanity and Hope, by Brenda Jones, Ken Abraham
45. Oregon Appeals Court: Defense Counsel Constitutionally Inadequate in Sexual Abuse Case, by Mark Wilson
46. Ninth Circuit Warns Prosecutors Against Interfering With Defendants’ Legal Representation; Reverses First-Degree Murder Convictions, by Richard Resch
47. $5.5 Million Verdict Against LAPD for Taser Death of Former Marine, by Derek Gilna
48. Overworked Missouri Public Defenders Fear Suspensions and Firing, by Mark Wilson
49. Prosecutor’s “Animosity” Toward Defense Leads Oregon Appeals Court to Vacate Convictions, by Mark Wilson
50. $9.5M Settlement Approved by Chicago City Council for Yet Another Excessive Force Case, by Derek Gilna

More from Richard Resch:

• From the Editor Everything You Always Wanted to Know About Holdings and Dicta*, March 15, 2025
• From the Editor, Dec. 15, 2024
• New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense, June 15, 2024
• SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024
• Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, March 15, 2024
• New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, March 15, 2024
• First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, Jan. 15, 2024
• Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired, Dec. 15, 2023
• Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023
• Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, Nov. 1, 2023

More from these topics:

• Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
• Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
• California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
• Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
• Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.
• Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, Dec. 1, 2024. Informants, Habeas Corpus, Informants and Paid Witnesses, False Testimony.
• Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup, Nov. 15, 2024. Failure to Treat, Conditions of Confinement, Hygiene Supplies, Disclosure of Records, Habeas Corpus.
• Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, Nov. 1, 2024. Habeas Corpus, Custodial Interrogations/Statements, Counsel - Right to.
• Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, Oct. 1, 2024. Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder.
• Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.