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 Richard Resch:

• 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
• Massachusetts Supreme Judicial Court Announces Resende’s “Sequential Prosecution Rule” for Armed Career Criminal Sentencing Enhancement Is Binding Precedent, Not Dictum, Feb. 1, 2026
• SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026
• Aphantasia: Why Truthful Witnesses Can Sound Like Liars, Jan. 1, 2026
• 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
• Digital Parallel Construction: Detecting and Challenging Hidden AI, Jan. 1, 2026
• Eighth Circuit Announces Presidential Commutation Does Not Moot Challenge to Underlying Sentence, Jan. 1, 2026
• When AI Invents the Pixels: Challenging AI-Enhanced Video Evidence in Criminal Cases, Dec. 15, 2025
• SCOTUS Holds Sixth Amendment Requires Case-Specific Necessity Determination to Screen Child Witnesses, Rejecting Reliance on Mandatory State Statutes Based on Generalized Legislative Findings, Dec. 15, 2025
• Generative Suspicion: What Defense Lawyers Must Know About AI-Generated Police Reports, Nov. 15, 2025

More from these topics:

• SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
• SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
• 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.
• DOJ Leaves Louisiana Over-Detention Suit on Life Support, Two Others Granted Class-Action Status, Dec. 1, 2025. Class Certification, Habeas Corpus, Overdetention, Fourteenth Amendment, rights, Unlawful Detention.
• Maine Superior Court Order to Reform Public Defender System Paused on Appeal, Dec. 1, 2025. Indigent Defense, Injunctions, Habeas Corpus, Sixth Amendment, Counsel - Constructive denial of.
• 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.