More from this issue:

1. News in Brief
2. 10th Circuit: Observation of Stack of 15 Credit Cards Does Not Provide Police With Probable Cause to Examine Name on Cards for Evidence of a Crime, by Christopher Zoukis
3. Idaho Supreme Court Orders Acquittal for Insufficient Identification of Drug, by Matthew Clarke
4. $10 Million Award for California Man Wrongfully Imprisoned, by Derek Gilna
5. Ninth Circuit: Violations Alleged After Expiration of Supervised Release Term Must be Factually Related to Pre-Expiration Allegation, by Richard Resch
6. Delaware Supreme Court Describes What Constitutes ‘Effective’ Counsel at Sentencing, by Dale Chappell
7. Golden State Killer Suspect Arrest Opens Floodgates for Law Enforcement Use of DNA Websites, by Steve Horn
8. Pennsylvania Supreme Court Holds Any Search of Cellphone Requires Warrant, by Dale Chappell
9. Wyoming Supreme Court Adopts ‘Castle Doctrine’ for Cohabitants, by Dale Chappell
10. Ninth Circuit Reverses Conviction for Transporting an Illegal Alien Due to Improper Jury Instruction, by Christopher Zoukis
11. Eleventh Circuit Clarifies When a Court Must Conduct Resentencing Following § 2255 Relief, by Dale Chappell
12. California Court of Appeal Rejects Gang Enhancement Based on Expert Witness’ Case-Specific Hearsay Evidence, by Christopher Zoukis
13. Third Circuit Reverses Occupational Restriction in Excess of Statutory Maximum for Supervised Release, by Matthew Clarke
14. New Mexico Supreme Court Reverses Convictions Based on Double Jeopardy Violations, by Christopher Zoukis
15. Virginia Supreme Court Grants Relief Under Revised Actual Innocence Statute, by Dale Chappell
16. Colorado High Court Clarifies Crime-Fraud Exception to Attorney-Client Privilege, by Dale Chappell
17. Florida Supreme Court Announces SOL Defense Must be Raised at Trial to Preserve Issue for Direct Appeal, by Richard Resch
18. California Supreme Court Vacates Conviction and Death Sentence After Experts Recant Testimony, by Dale Chappell
19. Colorado Supreme Court: ‘Entry of Judgment’ for New Trial Motion Means Both Conviction and Imposition of Sentence, by Dale Chappell
20. Vermont Supreme Court: Defendant Cannot be Compelled to Submit to Competency Evaluation by State’s Expert, by David Reutter
21. Ninth Circuit: California Carjacking Not a Crime of Violence Post-Johnson, by Christopher Zoukis
22. Ohio Supreme Court: Prisoner Entitled to Results of Post-Conviction DNA Profile, by Matthew Clarke
23. No Increase in Murder Rate for Civilians or Police Following Abolition of Death Penalty, by Matthew Clarke
24. Execution Numbers Down in 2017, by Christopher Zoukis
25. Minnesota Supreme Court: Prisoner Entitled to Appointed Attorney for One Review of Conviction, Even When It’s Not a Direct Appeal, by Christopher Zoukis
26. Web-Based Database Exposes Depth and Breadth of Police Criminality, by Derek Gilna
27. Sixth Circuit: Statute of Limitations for § 1983 Claim Accrues When Criminal Proceedings are Terminated, by Christopher Zoukis
28. DOJ: Police Shooting Family Dogs has Become ‘Epidemic’, by Dale Chappell
29. New Mexico Supreme Court Holds SCOTUS Prohibition Against Warrantless Blood Tests in DWI Cases Applies Retroactively, by Matthew Clarke
30. S.C. Supreme Court Rules Counsel’s Failure to Recognize Ex Post Facto Issue in Advising Defendant to Accept Plea Deal Constituted IAC, by Dale Chappell
31. Alabama’s Most Populous County Reaches Bail Reform Settlement, But Problems Could Persist, by Steve Horn
32. Sixth Circuit Suppresses Evidence Where Triggering Event Specified in Anticipatory Search Warrant Never Occurred, by Richard Resch
33. Philly Prosecutor’s ‘Do Not Call’ List Released; Names Cops Not to Call to the Stand, by Christopher Zoukis
34. Ohio Supreme Court: Policy of Inventory Search Upon Arrest Does Not Empower Police to Retrieve Property from Area Protected by Fourth Amendment, by Dale Chappell
35. Texas Court of Criminal Appeals: Lawyer’s Failure to Advise Client of Opinion Making It Impossible for State to Meet Its Burden of Proof Constitutes Ineffective Assistance of Counsel, by Matthew Clarke
36. Do Black Lives Matter in the Supreme Court?, by Michael Avery
37. SCOTUS Adopts ‘Look Through’ Methodology for Federal Courts in Determining State Court’s Rationale for Unexplained Habeas Decision, by Richard Resch
38. Cell-Site Simulators: Police Use Military Technology to Reach out and Spy on You, by Christopher Zoukis

More from Dale Chappell:

• Arguing Successful Federal Habeas Corpus Claims, June 1, 2025
• How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
• Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
• Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
• Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
• Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
• The Death of the Savings Clause, May 15, 2024
• Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
• Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
• Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023

More from these topics:

• Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
• Surveillance for Sale: The Data Broker Loophole and the Fourth Amendment After Chatrie, July 1, 2026. Fourth Amendment, rights, Police State-Surveillance, Electronic Surveillance, Federal Funds, Tainted Funds.
• The Constitution for Sale: FBI Confirms Resumption of Data Broker Dragnets, June 1, 2026. Fourth Amendment, rights, Warrantless Searches, Cell-Phone Location/Tracking Data, Electronic Surveillance, Privacy Act/Rights.
• SCOTUS Clarifies Emergency-Aid Home Entries Require Only an “Objectively Reasonable Basis for Believing” an Occupant Faces Serious Danger, Rejecting a Probable-Cause Standard and Montana’s Terry-Like Caretaker Test, Feb. 1, 2026. Fourth Amendment, rights, Probable Cause, Exigent Circumstances, Warrantless Searches, Motions To Suppress.
• Flock’s Gunshot Sensors Are Expanding to “Distress” Sounds, Feb. 1, 2026. Fourth Amendment, rights, Police State-Surveillance, Electronic Surveillance, Recordings, Privacy Act/Rights.
• Massive $112 Million Jury Verdict for Detainees Held in New York Jail Past Release Date on ICE Detainers, Jan. 1, 2026. Fourth Amendment, rights, Detention - Generally, Unlawful Detention, Immunity - Sovereign/Municipal, Damages - Compensatory.
• Pennsylvania Supreme Court (Opinion Announcing the Judgment of the Court): No Reasonable Expectation of Privacy in Unprotected Google Searches, Jan. 1, 2026. Fourth Amendment, rights, Probable Cause, Searches - Cellphones/Computers/Internet, Privacy Act/Rights, State Constitutional Claims.
• Ninth Circuit Announces Abandonment Doctrine Applies to Cellphones but Courts Must Analyze Intent to Abandon Device Separately From Intent to Abandon Data, Dec. 15, 2025. Fourth Amendment, rights, Cell-Phones, Motions To Suppress, Digital Devices, Seizure.
• For Delay in Summoning Medical Care for Detainees, Alabama Jailers Granted Immunity But California Trooper Headed to Trial, Nov. 1, 2025. Failure to Treat, Qualified Immunity, Medical Neglect/Malpractice, Fourth Amendment, rights, Deliberate Indifference.
• Drones and License Plate Readers: Police Creating Warrantless Aerial Surveillance Networks, Oct. 15, 2025. Fourth Amendment, rights, Police State-Surveillance, Warrantless Searches, Curtilege, Electronic Surveillance.