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 Brooke Williams, Samata Joshi, Shawn Musgrave

More from Douglas Ankney:

• The Dramatic Increase in the Elderly Prison Population Is Fiscally and Morally Irresponsible, Oct. 1, 2026
• Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026
• California Supreme Court Announces Totality-of-Circumstances Framework Focused on Defendant’s Subjective Understanding Under § 1473.7(a)(1), Holding Immigration Consequences Advisement Is Relevant but Not Dispositive, Oct. 1, 2026
• Idaho Supreme Court Holds Conflicting Affidavits About Plea Acceptance Require Evidentiary Hearing on Ineffective-Assistance Claim, Oct. 1, 2026
• Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026
• Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, Sept. 1, 2026
• Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026
• Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026
• Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026
• Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026

More from these topics:

• Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
• Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
• Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
• Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
• Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
• Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
• 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.