More from this issue:

1. News in Brief
2. $750,000 Settlement for St. Louis County Cops Shooting Dog, by Jayson Hawkins
3. The Two-Edged Sword of DNA Exonerates Another Prisoner, by Edward Lyon
4. National Fingerprint Database Frees Man After 36 Years, by Jayson Hawkins
5. Free Speech Is Sometimes Expensive, by Edward Lyon
6. New York City Cops Can Always Tell by Just the Smell, by Edward Lyon
7. Man Freed Who Sat in Prison Nearly 30 Years While Prosecutors Withheld Evidence of Innocence, by Dale Chappell
8. Payouts for Police Misconduct Claims Rise While Number of Claims Appear to Fall, by Douglas Ankney
9. Michigan Supreme Court Reverses Criminal Sexual Conduct Convictions in Two Consolidated Cases Due to Improperly Admitted Expert Testimony, by Douglas Ankney
10. High Bail Amounts Lead to Sharp Increase in Franklin, PA, Jail Population, by Dale Chappell
11. New Law Makes It Harder for California’s Cops to Get Away with Killing People, by Douglas Ankney
12. Not Guilty but Punished Anyway, by Douglas Ankney
13. Maryland Court of Appeals Announces Circuit Court Retains Authority to Exercise Its Revisory Power for Up to Five Years After Granting Belated Postconviction Motion, by Douglas Ankney
14. Indiana Supreme Court: Postconviction Petition Addressing Only Issues From New Trial, New Sentencing, or New Appeal From Federal Court via Habeas Proceedings Is Not a Second Petition Under State Law, by Douglas Ankney
15. Ninth Circuit: Federal Sentencing Court Must Hear Defendant Before Determining If Acceptance of Responsibility Reduction Applies, by David Reutter
16. Sixth Circuit Grants § 2254 Habeas Relief in Unusual Case of Attorney Failing to Initiate Plea Negotiations, by Douglas Ankney
17. Law Professor Peeks at Prosecutor’s Veiled DNA Database, by Douglas Ankney
18. Fifth Circuit: Practices of Orleans Parish Judges in Collecting Fines and Fees Violates Due Process, by Douglas Ankney
19. Seventh Circuit Vacates Conviction and Remands for a Franks Hearing, by Douglas Ankney
20. California Supreme Court Holds Discovery Statute Requiring ‘Good Cause’ Not Applicable When Evidence Held by Court, by Dale Chappell
21. Minnesota Supreme Court Announces Heightened Pleading Standard for Birchfield/Johnson Claims Raised in Collateral Postconviction Proceedings, by Douglas Ankney
22. Missouri Supreme Court Clarifies Defendant Is Entitled to Self-Defense Instruction When Substantial Evidence Supports Instruction Regardless of Whether Defendant Presented Evidence Contrary to Self-Defense, by Douglas Ankney
23. Ninth Circuit Reverses Convictions Where Trial Court Failed to Provide Oral Jury Instructions, by Chad Marks
24. Tenth Circuit: ‘Relevant Background Law’ Trumps Unclear Record in Granting § 2255 Relief From Johnson Error, by Michael Berk
25. Another notable (but ultimately disappointing) ruling about sentence reductions under § 3582(c)(1)(A) after FIRST STEP Act, by Professor Douglas A. Berman
26. Maryland Court of Appeals Abrogates Rule Requiring Corroboration of Accomplices’ Testimony and Announces New Rule, by Douglas Ankney
27. In Landmark Opinion, Colorado Supreme Court Announces Courts May Not Sentence Defendant to Both Prison and Probation in Multi-Count Cases, by Richard Resch
28. 9th Circuit: Sentence Under 18 U.S.C. § 3583(k) Violated Ex Post Facto Clause When Underlying Offense Was Committed in 2005, by Douglas Ankney
29. California Supreme Court: Where Electronics Search Condition of Probation Is Not Reasonably Related to Future Criminality, Condition Is Invalid, by Douglas Ankney
30. Risk Assessments in Cook County Ineffective, by Jayson Hawkins
31. $2.4 Million Paid by Sacramento in Wrongful Death Suit of Stephon Clark, by Kevin Bliss
32. Second Circuit: Federal Habeas Relief Warranted Where State Trial Court’s Evidentiary Rulings Deprived Defendant of Right to Present a Complete Defense, by Douglas Ankney
33. South Carolina Supreme Court Grants New Trial Based on IAC Because of Botched Alibi Defense, by Dale Chappell
34. Massachusetts Supreme Court Suppresses Evidence Obtained After Miranda Warnings Translated into Spanish Deemed Incapable of Conveying Meaningful Advice, by David Reutter
35. Civil Death Laws: When Life is Death, by Jayson Hawkins
36. 10th Circuit: Child Porn Stored on Multiple Devices Constitutes One Count of Possession Under 18 U.S.C. § 2252A(a)(5)(B), by Douglas Ankney
37. Tell Me What I Want to Hear, Not What I Need to Hear: How Confirmation Bias Causes Wrongful Convictions, by Dale Chappell
38. Flaws in Mobile Phone Records Free Danish Prisoners, by Jayson Hawkins
39. Second Circuit Clarifies Conditions for Releasing a Defendant on Bail to Home Detention With Private Armed Security Guards, by Douglas Ankney
40. Eighth Circuit Vacates Sentence for Improper Supervision Length After ACCA Enhancement Removed, by Anthony Accurso
41. Oregon Supreme Court Explains PCR ‘Escape Clause’ Availability for Untimely Filed Petitions, by Mark Wilson
42. Roadmap for Filing a Second or Successive § 2255 Motion Under Davis, by Dale Chappell
43. Law Crazy, Government’s Insatiable Desire to Criminalize All Facets of Life, by Edward Lyon
44. Why Juries Need Expert Help Assessing Jailhouse Informants, by Alexandra Natapoff
45. Massachusetts Supreme Court Suppresses Evidence Obtained Following Illegally Prolonged Traffic Stop, Orders New Trial, by Douglas Ankney
46. How the Secretive 'Discipline' Process for Federal Prosecutors Buries Misconduct Cases, by Shawn Musgrave, Samata Joshi, Brooke Williams

More from Chad Marks:

• Use of Solitary Confinement During Pandemic Detrimental To Prisoners and Not Slowing Spread of COVID-19, May 1, 2021
• COVID-19 Inspired Ban on Prison Visits in Texas Ends, April 1, 2021
• Sequel: Three Additional Federal Executions Before Trump Left Office, March 1, 2021
• Connecticut: Summary Judgment Denied in Deliberate Indifference Case Where Facial Lesion Turned Out To Be Skin Cancer, Nov. 1, 2020
• Ford Foundation President’s Support to Replace Rikers With Other Jails Criticized, Oct. 1, 2020
• Wisconsin: Court Dismisses Prisoners’ Suit Over Asbestos, Mold on Procedural Grounds, Sept. 1, 2020
• New Jersey: Commission Recommends State Take 100 Steps to Improve Re-Entry for Ex-Prisoners, Sept. 1, 2020
• New York: Prisoner Kills Himself After Brutal Beating by Guards, Aug. 1, 2020
• Jury Award $700,000 to Maryland Prisoner Assaulted by Guards, Aug. 1, 2020
• Is the Death Penalty Slowly Dying Across the Nation?, June 15, 2020

More from these topics:

• Illinois Supreme Court Announces Conviction 
for Attempted First Degree Murder Requires 
‘Intent to Kill Without Lawful Justification, Aug. 1, 2025. Jury Instructions, Ineffective Assistance of Counsel, Inconsistent.
• South Carolina Supreme Court Announces Traditional 
Four-Element Standard for When Person Has Right 
to Use Deadly Force in Self-Defense Not Applicable 
to Non-Deadly Force Self-Defense Analysis, May 15, 2025. Defenses, Jury Instructions.
• Minnesota Supreme Court Clarifies Standard for Determining Whether a Defendant Is Entitled to Jury Instructions 
on Self-defense and Defense of Others, May 15, 2025. Defenses, Jury Instructions, Jury Instructions in Jury Room.
• Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025. Jury Instructions, Evidence - Failure to Disclose.
• Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025. Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment.
• Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, Oct. 1, 2024. Defenses, Jury Instructions, Motive/Opportunity/Intent/Identity Evidence.
• Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1), June 15, 2024. Jury Instructions, Essential Elements of Crime, Mens Rea Element, Elements of Offense, Failure to Instruct on Scienter Requirement.
• Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, Dec. 15, 2023. Jury Instructions, Criminal Procedure, Fair Trial, Verdicts.
• California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-­Murder Theory, Oct. 1, 2023. Jury Instructions, New Trial Motions, Murder/Felony Murder.
• New York Court of Appeals Announces When an Alternate Juror Is ‘Discharged’ and no Longer ‘Available for Service’, May 15, 2023. Jury Instructions, Jurors - Alternates.