More from this issue:

1. News in Brief
2. Record Number of Exonerations Prompts Michigan AG to Create Conviction Integrity Unit, by Douglas Ankney
3. $21 Million Settlement for Wrongfully Convicted Man Released After 39 Years in Prison, by Douglas Ankney
4. Police, Prosecutor Misconduct Continues Unabated as Evidenced by Record Number of Exonerations in 2018, by Douglas Ankney
5. Report: Google Can Track You Even When Your Phone’s Off, by Anthony Accurso
6. New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail, by David Reutter
7. $270,000 Awarded to Grandmother Brutalized by Pennsylvania Cops, by Edward Lyon
8. $1 Million Settlement for NYC Crime Lab Tech Who Blew Whistle on Use of Untested DNA Tests for Decades, by Edward Lyon
9. Wisconsin Supreme Court Holds That Statute Doesn’t Require Habeas Petitioner to Plead Timeliness, Overruling Smalley v. Morgan, by Douglas Ankney
10. Report Finds Lack of Reporting on Deaths in Law Enforcement Custody, Even After Landmark Legislation, by Steve Horn
11. Study Details the Effect of Brain Scan Evidence on Sentencing, by Anthony Accurso
12. NYC Program Helps Former Prisoners Realize Their Dream
13. ‘They need to be marked for life’, by Sandy Rozek
14. The FBI Polices Itself Like Kids Guarding a Candy Store, by Edward Lyon
15. Fifth Circuit: Confrontation Clause Violated When Officer’s Testimony Relates Incriminating Information Received From Non-Testifying Informant, by Douglas Ankney
16. Eighth Circuit Overlooks Procedural Default, Orders Immediate Release From Excessive ACCA Sentence Based on Prior Sex Offense, by Michael Berk
17. New York City’s Bail Success Story, by Bill Barton
18. Ninth Circuit: Running From Police Alone Doesn’t Give Rise to Reasonable Suspicion Justifying Stop and Frisk, by Douglas Ankney
19. Georgia Supreme Court Announces New Evidence Code Abrogates Categorical Exclusionary Rule of Mallory, by Douglas Ankney
20. Under Marsy’s Law, Police Using Violence Can Claim ‘Victim’ Status, by Edward Lyon
21. Private Citizens Carrying Guns Commit Fewer Crimes Than Cops, by Douglas Ankney
22. Massachusetts Supreme Court: Discharge From Civil Commitment 
Required When Examiners Conclude Defendant Is Not Sexually Dangerous, by Douglas Ankney
23. FAMM, Washington Lawyers’ Committee, NACDL Launch Compassionate Release Clearinghouse
24. Seventh Circuit Orders Grant of Successive § 2255 Motion and 
Resentencing in Pre-Booker Mandatory Guidelines Case Involving Elements Clause’s Definition of ‘Crime of Violence’, by Chad Marks
25. West Virginia Supreme Court Announces Parole Eligibility Statute for Prisoners Who Committed Crimes as Minors is Retroactive, by Douglas Ankney
26. California Supreme Court: Prop 47 Requires Dismissal of Conviction Based on a Predicate Felony That Is Later Reduced to a Misdemeanor, by Douglas Ankney
27. Hawai’i Supreme Court Remands for Resentencing Where Circuit Court Considered Defendant’s Refusal to Admit Guilt in Imposing Consecutive Sentences, by Douglas Ankney
28. Maryland Court of Appeals Rules That Courts Must Ask Non Compound ‘Strong Feelings’ Question Upon Request During Voir Dire, by Douglas Ankney
29. Fourth Circuit: Cannot Substitute Career Offender Predicate on Collateral Review, by Anthony Accurso
30. Court Extends McQuiggin Actual Innocence Exception to Defaulted Legal Claim, Vacates § 924(c) Conviction, by Dale Chappell
31. Pennsylvania Supreme Court Holds Consent to Search Does Not Include K-9 Sniff When No K-9 Present When Consent Given and Wait 40 Minutes for Its Arrival, by Dale Chappell
32. Fifth Circuit: Plain Error Requiring Resentencing Where Court Didn’t Give Defendant Chance to Speak at Sentencing Hearing and Prospective Allocution Provided Added Details to Lead Reasonable Judge to Reconsider Harsh Sentence, by Michael Berk
33. Court Reporters Likely Fail to Accurately Transcribe Testimony for Speakers of ‘African American English’, by Anthony Accurso
34. Bucklew v. Precythe, by Michael Avery
35. From the Editor: Compassionate Release for Extraordinary and Compelling Reasons, by Richard Resch
36. Parole a Detriment to Rehabilitation; ‘Less Is More’ Reform Sensible, by Kevin Bliss
37. Minnesota Supreme Court Holds ‘Stalking-by-Mail’ and ‘Mail-Harassment’ Statutes are Facially Overbroad, by Douglas Ankney
38. Fifth Circuit: Denial of Habeas Petition as Successive Reversed Where Second Petition Challenges a Separate Judgment, by Same Court, Not Covered in First Petition, by Chad Marks
39. ‘DNA Mixtures,’ ‘Touch DNA,’ and Software-Enhanced Forensic DNA Analysis, by Michael Berk
40. Sixth Circuit Holds Chalking Car Tires for Parking Enforcement Constitutes a Search Under Fourth Amendment, by Matthew Clarke
41. SCOTUS Announces Death of ‘Categorical Approach’ by Invalidating 18 U.S.C. § 924(c)(3)(B) as Unconstitutionally Vague, by Richard Resch
42. Massachusetts Supreme Judicial Court: Consent to Search Does Not Attenuate Seized Evidence From Taint of Illegal Search of CSLI, by Douglas Ankney
43. Exonerations: From Wrongful Conviction to Release and Beyond, by Edward Lyon

More from Michael Berk:

• Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review, March 18, 2020
• Texas Court of Criminal Appeals Announces New Test in Comparing Out-of-State Priors for Sentence Enhancement for Repeat Sex Offenders, Feb. 19, 2020
• Tenth Circuit: ‘Relevant Background Law’ Trumps Unclear Record in Granting § 2255 Relief From Johnson Error, Nov. 18, 2019
• Ninth Circuit: Drug Quantity in PSR Adopted by Sentencing Court not Binding in § 3582(c)(2) Sentence Reduction Proceedings, Oct. 16, 2019
• Arrest for Shouting ‘F—k You’ to Arkansas Trooper Violates First and Fourth Amendments Rights, Eighth Circuit Rules, Sept. 17, 2019
• Change to New York Misdemeanor Definition May Benefit Non-Citizens, Aug. 19, 2019
• Eighth Circuit Overlooks Procedural Default, Orders Immediate Release From Excessive ACCA Sentence Based on Prior Sex Offense, July 17, 2019
• Fifth Circuit: Plain Error Requiring Resentencing Where Court Didn’t Give Defendant Chance to Speak at Sentencing Hearing and Prospective Allocution Provided Added Details to Lead Reasonable Judge to Reconsider Harsh Sentence, July 16, 2019
• ‘DNA Mixtures,’ ‘Touch DNA,’ and Software-Enhanced Forensic DNA Analysis, July 16, 2019
• Suspected Mishandling of DNA Tests Puts Cases on Hold in Fort Worth, Texas, May 15, 2019

More from these topics:

• Sixth Circuit Strikes Retroactive Application of Parts of Tennessee’s Sweeping Sex Offender Registration, Verification, and Tracking Law, Oct. 1, 2024. Sex Offender Registration, Retroactivity.
• Louisiana Becomes First State in Nation to Allow Judges to Order Surgical Castration for Sex Offenders, Oct. 1, 2024. Sex Offenders (Discrimination), Surgery, Sex Offender Treatment, Chemical Castration.
• Minnesota Sex Offender Program: The Indefinite Detention of the Reviled, Aug. 1, 2024. Sex Offender Registration, Civil Commitment, Sex Offender Classification.
• Oregon Parole Board Ordered to Consider Sex-Offense-Free Time When Setting Sex Offender Notification Levels, July 1, 2024. Sex Offender Registration, Sex Offender Registration and Notification Act, Sex Offender Classification.
• New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, May 15, 2024. Sex Offender Registration.
• Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, April 15, 2024. Sex Offender Registration, U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Military.
• West Virginia Pretrial Detainee’s Lawsuit for Sexual Abuse Survives Dismissal Stage, Jan. 1, 2024. Prisoner-Prisoner Assault, Sex Offenders (Discrimination), Failure to Protect (General).
• Convicted Sex Offender Now a Licensed Attorney in Washington State, Oct. 15, 2023. Sex Offenders (Discrimination), Attorneys.
• Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023. Transfers, Sex Offenders (Discrimination), Arraignment Delay, Immunity - Absolute and Qualified.
• Third Circuit Unbothered by Pennsylvania’s Discrimination Against Sex Offenders in Denying Parole to Halfway Houses, April 1, 2023. Parole Board Misconduct, Sex Offenders (Discrimination), halfway houses.