More from this issue:

1. Secret ATF Slush Fund Dispensed Millions, by Christopher Zoukis
2. Ohio Supreme Court: Dismissal Without Prejudice Is a Final and Appealable Order, by Dale Chappell
3. The Fair Punishment Project Details an “Epidemic of Brady Violations”, by Christopher Zoukis
4. Misdemeanor Defendants Facing Jail Time Not Told They Have a Right to Counsel, Bar Association Finds, by Topher Sanders
5. Cryptocurrency Leveraged to Help People Make Bail, by Derek Gilna
6. What Is the Number One Duty of a Police Officer?, by Christopher Zoukis
7. Deaths From Police Shootings Outstrip Deaths From Terrorists Attacks, Wars, by Derek Gilna
8. Massachusetts Breathalyzer Malfunctions, Evidence Withheld
9. Fifth Circuit Vacates Sex Offender Supervised Release Conditions, by Mark Wilson
10. Eighth Circuit Reverses Convictions Due to Constructive Amendment of Charges, by Mark Wilson
11. Louisiana Prosecutors’ Traffic Ticket Industry Diverting Funds From Public Defenders, by David Reutter
12. “My Phone Was My Life”—Challenging Warrantless Border Searches of Devices, by Dale Chappell
13. Fourth Circuit Vacates Brady Claim Denial in Capital Case and Rebukes Prosecutors, by Richard Resch
14. 10th Circuit Suppresses Evidence Based on Overbroad Protective Sweep Under Buie, by Richard Resch
15. Georgia Hearsay Admissible Under Co-Conspirator Exception, by Mark Wilson
16. Kentucky Supreme Court Clarifies Adoptive Admission Exception to Hearsay Rule, by Christopher Zoukis
17. Colorado Supreme Court: Criminal Defendant Seeking to Fire Paid, Retained Counsel for Court-Appointed Counsel Need Not Show Good Cause, by Christopher Zoukis
18. North Dakota Supreme Court: Warrantless Urine Test Incident to Arrest for DUI Is Unconstitutional Search, by David Reutter
19. Compensating the Exonerated: State Laws Are Arbitrary and Senseless, by Christopher Zoukis
20. Oregon Court Vacates Order Refusing to Seal Arrest Record, by Mark Wilson
21. Vermont Guilty Plea Requires Defendant to Personally Acknowledge Factual Basis for Each Element of the Offenses Charged, by Mark Wilson
22. More Than Half of 2015 Police Killings Not Properly Documented in Government Data, by Christopher Zoukis
23. Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests, by Christopher Zoukis
24. 50 Alabama Cities Reform Bail Practices for Poor, by David Reutter
25. Eighth Circuit Upholds Warrantless Search of Cellphone Owned by Person on Supervised Release Due to Diminished Expectation of Privacy, by Mark Wilson
26. Government Attempt to Shoehorn Union Activity into Hobbs Act Violation Rejected by First Circuit, by Christopher Zoukis
27. 11th Circuit Rules Counsel Deficient for Failing to Challenge “Usable” Amount in Drug Case, by David Reutter
28. Washington Supreme Court Grants Full Evidentiary Hearing for Civilly Committed SVP, by Mark Wilson
29. In Historic Move, 15 Cases Related to Crooked Chicago Cop Thrown Out, by Christopher Zoukis
30. Oregon Supreme Court Rules Warrantless Entry Into Home in Effort to Obtain Nonconsensual BAC Evidence Not Exigent Circumstance, by Mark Wilson
31. Ohio Supreme Court Holds Exclusion of Evidence Inappropriate Remedy for Violation of Knock-And-Announce Principle Where Search Warrant Issued, by Mark Wilson
32. Georgia Supreme Court Reverses Armed Robbery Conviction, Defendant Lacked Dominion, by Dale Chappell
33. Oregon Court of Appeals Rules Defendant’s Motion to Suppress Satisfied Uniform Trial Court Rule 4.060(1)
34. The Insanity Defense: It’s Not What You Think, by Christopher Zoukis
35. Second Circuit: Arrest for Not Leaving Sidewalk Entitled to Qualified Immunity, by Mark Wilson
36. New York Court of Appeals: Criminal Trial Judge Cannot Also Be Sole Appellate Judge
37. $5.5 Million Verdict Against Los Angeles Police Department for Taser Death
38. Equivocal Request for Counsel Requires Police to Seek Clarification of Suspect’s Intent Under Oregon Law
39. Stingray Technology Lets G-Men Into Your Pocket (and Your House, and Your Car...), by Christopher Zoukis
40. Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1, by Kent Russell, Tara Hoveland
41. Confronting the Myth in Police-Suspect Knife Confrontations, by Derek Gilna
42. Yes, Lawsuits Are Expensive—But So Is Police Misconduct, by Antonio Romanucci
43. $44.7 Million Awarded to Man Shot by Intoxicated Chicago Police Officer With Troubled History, by Derek Gilna
44. District Attorney in New York and Aide Indicted for Covering up Beating by Police Chief, by Derek Gilna
45. From the Editor, by Richard Resch
46. Eighth Circuit: Illinois Burglary Conviction Not Valid Predicate Offense for ACCA Purposes
47. News in Brief
48. Have the Wars on Drugs and Terror Transformed the U.S. Into a Police State?, by Derek Gilna

More from Kent Russell:

• Habeas Hints: Discovery on Habeas Corpus, May 15, 2019
• Habeas Hints: SCOTUS Review 2017-18, Jan. 17, 2019
• Habeas Hints: Evaluating and Initiating IAC Claims, Nov. 28, 2018
• Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1, Jan. 19, 2018
• Habeas Hints: SCOTUS Review 2016–17, Nov. 16, 2017
• Habeas Hints, Oct. 26, 2015
• Habeas Hints: Supreme Court Habeas Review 2014, Nov. 8, 2014
• Habeas Hints: Evidentiary Hearings, May 15, 2006
• Habeas Hints: How to Get DNA Testing, Feb. 15, 2006
• Habeas Hints, Sept. 15, 2005

More from Tara Hoveland:

• Habeas Hints: Discovery on Habeas Corpus, May 15, 2019
• Habeas Hints: SCOTUS Review 2017-18, Jan. 17, 2019
• Habeas Hints: Evaluating and Initiating IAC Claims, Nov. 28, 2018
• Habeas Hints: Understanding and Satisfying the Strickland Test for IAC, May 15, 2018
• Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1, Jan. 19, 2018
• Habeas Hints: SCOTUS Review 2016–17, Nov. 16, 2017

More from these topics:

• California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
• First Circuit Announces Modification of Juvenile’s Life-­Without-­Parole Sentence to Parole-­Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-­in-­Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
• Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026. Habeas Corpus, Overdetention, Effect of Vacatur, Credits, Concurrent and Consecutive Sentences.
• Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
• First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, Nov. 15, 2025. Defenses, Limitations, Habeas Corpus, Double jeopardy, Knowingly and Intelligently.
• Texas Court of Criminal Appeals Announces Defendants on Appeal Bonds for Fine-Only Class C Misdemeanors Are “Restrained” for Purposes of Seeking Habeas Relief, Nov. 15, 2025. Habeas Corpus, Collateral Consequences, Pending Appeal/Sentencing, Statutory Construction/Interpretation, Authority and Jurisdiction.
• Eighth Circuit Announces § 2255 One-­Year Limitations Period Begins to Run in Deferred-­Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount, Nov. 15, 2025. Limitations, Habeas Corpus, Restitution, AEDPA.
• SCOTUS Overturns Oklahoma Prisoner’s Death Sentence After More than 25 Years on Death Row, Nov. 1, 2025. Ex Post Facto, Good Time, Wrongful Conviction, Habeas Corpus, Wrongful Imprisonment, Pardons/Clemency, First Step Act, Civil Asset Forfeiture Reform Act (CAFRA), Specific Offenses, Controlled Substances, Weapons, Accuracy of Information, Depraved Indifference Murder, Evidence - Circumstantial, Theft, Failure to Disclose, Perjury/Perjured Testimony, Evidence - Failure to Disclose, New Trial - Motions for, Pleas Linked to Cooperation, Evidence - Destruction/Fabrication/Manipulation of, Selective Prosecution/Enforcement, Improper Comments, Official Report, Withholding of Exculpatory Evidence, Exculpatory Evidence - Disclosure Obligations.
• Fourth Circuit Rules in Favor of Prisoner’s Eligibility for Time Credits, Nov. 1, 2025. Good Time, Habeas Corpus, First Step Act, Bureau of Prisons (BOP), Statutory Construction/Interpretation, Death/Bodily Injury, Sentencing Findings.
• Eleventh Circuit Overturns 1990 Alabama Death Sentence Over Racially Biased Jury Selection; ACLU Report Shows It Is Still Happening, Nov. 1, 2025. Racial Discrimination, Habeas Corpus, Death Penalty, Batson Claims, Racial Bias Exception.