More from this issue:

1. Changing Perception, Changing The Law, by Jean Trounstine
2. California Supreme Court Finds IAC, Vacates Conviction in LAPD Officer’s Murder Case (Again) – 36 Years Later, by Dale Chappell
3. Ninth Circuit Opens Door for Savings Clause Relief, Recognizes ‘Actual Innocence’ for Mandatory Career Offender Sentences, by Dale Chappell
4. Seventh Circuit: Trial Judge Violated 5th Amendment by Modifying Instructions to Allow Jury to Convict on Offenses Not Charged in Indictment, by Douglas Ankney
5. Attacking the Guilty Plea: The Ineffective Assistance of Counsel Standard, by Dale Chappell
6. Suspending the Constitution: Police State Uses Crises to Expand Its Lockdown Powers, by John W. Whitehead
7. SCOTUS: ‘Serious Drug Offense’ Under ACCA Is Self-Defining, Match with Equivalent Federal Offense Not Required, by Dale Chappell
8. Kansas Supreme Court Holds Threat of Violence Statute Violates First Amendment to Extent it Criminalizes ‘Reckless’ Conduct, by Dale Chappell
9. SCOTUS: Advocating for Shorter Sentence Sufficient to Preserve Claim that Sentence Imposed Greater Than Necessary to Comply With 18 U.S.C. § 3553(a), by Douglas Ankney
10. New York Court of Appeals Orders Resentencing Because Trial Court Relied on Testimony from Improperly Unsealed Record, by Douglas Ankney
11. California Court of Appeal: Senate Bill 1437 Abrogates ‘Natural and Probable Consequences Doctrine’ in Attempted Murder Prosecutions and Applies Retroactively to Cases on Appeal, by Douglas Ankney
12. Sixth Circuit: Cardiologist’s Right to Due Process Violated Where District Court Ordered Government to Not Disclose Third Party’s Expert Evaluation of Medical Care Provided by Him, by Douglas Ankney
13. En Banc Ninth Circuit Provides Guidance on When Amended Habeas Petition ‘Relates Back’ to Original Claims to Avoid Dismissal as Untimely, by Dale Chappell
14. First Circuit: Home Search Affidavit Failed to Establish Nexus of Crime and Evidence, by David Reutter
15. First Circuit: Securing a Weapon Not Used in Offense Is Not Exigent Circumstance Permitting Warrantless Entry and Search of Suspect’s Home, by Anthony Accurso
16. Massachusetts Supreme Judicial Court Reverses Murder Conviction Due to Insufficient Evidence, by Douglas Ankney
17. Fifth Circuit Settles In-Circuit Confusion, Holds Implicit Extension of Time to File State Appeal Tolls AEDPA Clock to File Federal Habeas Petition, by Dale Chappell
18. Second Circuit Holds Denial to Proceed Under Pseudonym by Magistrate Judge Is Immediately Appealable, by Dale Chappell
19. Pennsylvania Prosecutors Cash in on Low-Level Drug Crimes, by Edward Lyon
20. Former Florida Deputy Jailed for Fabricating Drug Evidence, by David Reutter
21. Prosecutors Overrepresented Among Federal Judges, by Jayson Hawkins
22. ‘Travel Papers’ and the Pandemic Patriot Act 2.0, by Daisy Luther, The Organic Prepper
23. FBI ‘Assessing’ Black Americans, by Jayson Hawkins
24. Seventh Circuit: Unsupported CI Statements Insufficient to Justify Higher Drug Quantity for Sentencing, by Dale Chappell
25. California Supreme Court: Refusing to Testify Insufficient to Constitute Accessory After the Fact, by Anthony Accurso
26. Ninth Circuit: Proposition 47 Creates New, Intervening Judgment to Allow Another Federal Habeas Petition Attacking Entire Case, by Dale Chappell
27. Coronavirus: Will Courts Continue To Operate, Preserving the Rule of Law?, by Austin Sarat, Professor of Jurisprudence and Political Science, Amherst College, The Conversation
28. Seventh Circuit Vacates Sentence for Failure to Explain Extreme Departure of Guidelines Range, by Anthony Accurso
29. Washington Supreme Court Announces PRP Petition ‘Final’ Upon Issuance of Certificate of Finality to Allow Tolling of Federal Habeas Clock, by Dale Chappell
30. Repeat Offenders May Be the Result of Different Brain Composition, by Michael Fortino, Ph.D
31. Hawaii Lawmakers Propose Transparency from Prosecutors, by David Reutter
32. New Fingerprint Test Can Distinguish Whether Person Ingested Cocaine or Only Touched It, by Douglas Ankney
33. Wyoming Supreme Court Finds IAC Where Counsel Failed to Challenge Prolonging of Traffic Stop After Citation Completed, by Anthony Accurso
34. North Carolina Supreme Court Announces Defendant Can Forfeit Right to Counsel by Egregious Misconduct; Trial Court May Forgo Compliance with N.C.G.S. § 15A-1242, by Douglas Ankney
35. Report: LAPD Engaged in Racial Profiling in Traffic Stops, by Kevin Bliss
36. Fingerprint Analysis: High Stakes, Low Qualifications, by Jayson Hawkins
37. California Supreme Court: Defendant Doesn’t Forfeit Claim for Failing to Object to Expert’s Testimonial Hearsay at Trial That Occurred Before Sanchez Was Decided, by Anthony Accurso
38. Big Brother Is ... Tracking You, by Douglas Ankney
39. DNA Contamination Threatened Conviction of Innocent Man, by Kevin Bliss
40. Georgia Supreme Court Reverses Dismissal of Second State Habeas Petition, by Douglas Ankney
41. Citizens in California Can No Longer be Prosecuted for Refusing to Risk Their Lives Assisting Police, by Douglas Ankney
42. Sealed Records Open for View, by Kevin Bliss
43. News Websites Rethink Using Mugshots as Click-Bait, by Dale Chappell
44. Advanced DNA Technology Helps Free Innocent Georgia Man After Nearly 18 Years in Prison, by Edward Lyon
45. In the Criminal Justice System, Big Brother Gets Bigger Every Day, by Douglas Ankney
46. City of Grand Rapids to Pay Marine $190,000 After He Was Unlawfully Detained as ‘Illegal Foreign National’, by Douglas Ankney
47. ‘Constitutional Crisis’ Still Exists Despite California Supreme Court Ruling on Opening Access to Law Enforcement Brady Lists, by Dale Chappell
48. California’s Killer Cops, by Douglas Ankney
49. Complexity and Lack of Standardization Makes Crime Statistics Less Useful, by Matthew Clarke
50. Chicago’s ‘Despicable’ Red-Light Camera System Exposed, by Douglas Ankney
51. How to Clear Your Record of Marijuana Charges in Illinois, by Dale Chappell
52. New York Police Department Plays Loose with Freedom of Information Act Laws, by Kevin Bliss
53. Could a Second Chance be the Answer?, by Kevin Bliss
54. Wrongfully Convicted NY Man Freed After 24 Years, by Jayson Hawkins
55. News in Brief
56. Chicago Police Department Ordered to Release 49 Years of Misconduct Files, by Matthew Clarke

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:

• Ninth Circuit Holds Martinez May Excuse Nevada’s Timeliness and Successive-Petition Bars for Trial Ineffective Assistance Claims, Oct. 1, 2026. Ineffective Assistance of Counsel, Cause and Prejudice, Counsel - Right to, Statutes of Limitation and Laches.
• Idaho Supreme Court Holds Indigent Parents Have Constitutional Right to Counsel at Public Expense, July 1, 2026. Court Access, Appeals/Appellate Jurisdiction, Constitutional Challenges/Law, Counsel - Right to, Civil Rights Actions or Offenses/Bivens Actions.
• Oregon Supreme Court Announces Bright-Line Rule Requiring Dismissal Without Prejudice When State Fails to Appoint Counsel for Eligible Criminal Defendant Within 60 Days in Misdemeanor Cases or 90 Days in Felony Cases Post-Arraignment, March 1, 2026. Appointment of Counsel, Public Defenders, Indigent Defense, Constitution, state, Counsel - Right to.
• Rhode Island Supreme Court Announces Indigent First-Time Applicant for Postconviction Relief Entitled to Counsel Even 
When Not Requested; Superior Court Must Determine 
Whether Applicant Intended to Waive Right to Counsel and 
Whether Done Knowingly, Vol, May 15, 2025. Appointment of Counsel, Counsel - Right to, Counsel - Constructive denial of.
• Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or Plea Hearing, Feb. 1, 2025. Counsel - Right to, Knowingly and Voluntarily Made.
• Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, Nov. 1, 2024. Habeas Corpus, Custodial Interrogations/Statements, Counsel - Right to.
• U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, Jan. 15, 2024. AEDPA, Procedural Default/Error, Proving Cause, Capital Cases, Procedural Error, Effective Assistance of Counsel, Counsel - Right to, Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness, Right to Counsel.
• After Mississippi Supreme Court Announcement, Courts Unprepared to Ensure Poor Defendants Have a Lawyer Throughout the Criminal Process, Dec. 15, 2023. Appointment of Counsel, Counsel - Right to.
• Eighth Circuit: Defendant Facing Revocation of Supervised Release Did Not Knowingly and Voluntarily Waive Right to Counsel Where Appointed Counsel Admittedly Knew Nothing About Case and Advised Choosing Between ‘Big House or the Nut House’, April 15, 2023. Appointment of Counsel, Mental Health, Knowingly and Intelligently, Counsel - Right to.
• New Jersey Supreme Court: Allowing Jury to Hear Defendant’s Invocation of Right to Counsel in Recorded Statement Together With Prosecutor Inferring Guilt Based on Request for Counsel Entitles Defendant to New Trial, March 15, 2023. Jury Instructions, New Trial Motions, Counsel - Right to, Perjury/Perjured Testimony.