More from this issue:

1. State Violence, Legitimacy, and the Path to True Public Safety, by David M. Kennedy
2. Floyd’s Family Might End Up Helping Pay Chauvin’s Retirement Benefits, by Kevin Bliss
3. How the Courts Are Using Compassionate Release to Fix Unfair Sentences, by Dale Chappell
4. Seventh Circuit: ‘Especially Compelling Justification’ Required for Same Maximum Sentence on Resentencing, by Dale Chappell
5. The Warrior Cop Mindset, by Edward Lyon
6. Seventh Circuit: Admissions to Pretrial Services Cannot Be Used to Prove Guilt, by Dale Chappell
7. SCOTUS: Counsel’s Failure to Uncover and Present Evidence in Mitigation at Capital Sentencing Requires Remand for Prejudice Determination, by Douglas Ankney
8. Indiana Supreme Court: Forcing Defendant to Unlock Smartphone Violates Fifth Amendment Right Against Self-Incrimination, by Douglas Ankney
9. California Supreme Court: ‘Honest and Upright Life’ Possible While in Custody for Expungement Purposes, by Anthony Accurso
10. Seventh Circuit Explains ‘Conduct That is Part of Common Scheme or Plan’ for Sentencing Purposes, by Douglas Ankney
11. Third Circuit: District Court Must Personally Address Defendant During Sentencing, by Douglas Ankney
12. Police Body Cams Are not a Cure-All, by Edward Lyon
13. Hawai’i Supreme Court Announces Police Officers May Not Testify That Driver Appeared Intoxicated, Overruling Toyomura, by Douglas Ankney
14. FBI Expands Ability to Surveil Social Media and Cellphone Location Data, by Douglas Ankney
15. Activists Seek Accountability by Pushing NYC to Make Footage From Traffic Cams Available for Archiving, by Douglas Ankney
16. SCOTUS Announces Large Portion of Oklahoma Remains Tribal Land in Which State Lacks Jurisdiction to Try Native Americans, by Douglas Ankney
17. California Court of Appeal Holds Canizales Decision Limiting Kill Zone Theory Applies Retroactively, by Matthew Clarke
18. Nationwide Police Misconduct Database Available to Public, by Kevin Bliss
19. Wrongfully Convicted Virginians Now Have Chance to Prove Innocence Due to Amendments to Writ of Actual Innocence, by Douglas Ankney
20. Sixth Circuit: Prosecutor’s Improper Comments and Counsel’s Failure to Object Require New Trial, by Dale Chappell
21. Second Circuit: Justice for Victims of Trafficking Act Applies on Per-Offender, not Per-Count Basis, by David Reutter
22. Fourth Circuit: Sentencing Procedurally Unreasonable Where Special Condition Not Explained and Mitigation Argument Not Addressed, by Matthew Clarke
23. Hawai’i Supreme Court: Showing Jury Video of Defendant Declining Officer’s Request to Reenact Crime Violates Right to Remain Silent, by Douglas Ankney
24. Extending the Surveillance State During the Pandemic, by Anthony Accurso
25. The Power of Filming Police, by Jayson Hawkins
26. Georgia Supreme Court: Counsel’s Failure to Inform Defendant of Absolute Right to Withdraw Plea Prior to Sentencing Ineffective Assistance, by David Reutter
27. Guard Your Digital Privacy to Keep Your Real Self Safe, by Anthony Accurso
28. Second Circuit Announces Categorical Approach Applies to State Convictions for Sentencing Enhancement Determination Under 21 U.S.C. § 841(b)(1)(B), by Matthew Clarke
29. Congress Unsure of Internet Data Collected by Government as PATRIOT Act Heads for Reauthorization, by Dale Chappell
30. What to Do if You’re Pepper-Sprayed, by Dale Chappell
31. After a Decade of Fighting, The Last Resort Exoneration Project Finally Frees Two Wrongfully Convicted of Murder, by Michael Fortino, Ph.D
32. Tenth Circuit Vacates Conviction, Rules Waiver of Trial Counsel Not Knowingly Made, by Dale Chappell
33. Colorado Supreme Court: Plea Proviso in § 18-1-409(1) Doesn’t Bar Appeal on Manner in Which Sentence Imposed, by David Reutter
34. Sixth Circuit Grants Habeas Relief for Defendant Shackled During Murder Trial Without On-the-Record Justification, by David Reutter
35. New York Police Continue Pattern of Arrests of Low-Level Crime During COVID-19 Crisis, by Derek Gilna
36. Report: Attorney Appointment a ‘Pay For Play’ Arrangement in Texas County, by Kevin Bliss
37. Hawai’i Supreme Court Announces Trial Courts Have Duty to Obtain Knowing and Voluntary Waiver of Penal-Responsibility Defense, by Douglas Ankney
38. Hawai’i Supreme Court: Dog Sniff Unrelated to Initial Traffic Stop Requires Suppression of Evidence, by Dale Chappell
39. Colorado Supreme Court Announces Framework for Distinguishing True Threat From Protected Speech Communicated Online, by Douglas Ankney
40. Tenth Circuit: Confession Involuntary Where FBI Agent Falsely Claimed to Be in Contact With Judge, and Defendant Could Shorten Sentence With Each Truthful Answer, by Douglas Ankney
41. Minn. Supreme Court Announces Rule for Analyzing Out-of-State Convictions for Public Safety Registry Requirement Purposes, by Anthony Accurso
42. Kentucky Supreme Court: Trial Court’s Ex Parte Discussion With Juror About Offered Bribe Was Structural Error, by Douglas Ankney
43. Seventh Circuit Holds First Step Act Applies to All Crack Offenses ‘As a Whole,’ Regardless of Crack Amounts, by Dale Chappell
44. Ban the Box not Applicable to COVID-19 Stimulus Aid, by Edward Lyon
45. Six eyewitnesses misidentified a murderer – here’s what went wrong in the lineup, by Laura Smalarz
46. The Lunacy of Qualified Immunity, by Edward Lyon
47. Tear Gas: Soldiers Prohibited From Using It in Warfare but Cops Using It Against Peaceful Protesters, by Douglas Ankney
48. I Cover Cops as an Investigative Reporter. Here Are Five Ways You Can Start Holding Your Department Accountable., by Andrew Ford
49. News in Brief
50. Problems With Predictive Policing, by Jayson Hawkins

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:

• Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
• Pennsylvania Supreme Court Announces Expert Testimony on Manner of Death Must Satisfy Same Reasonable-Degree-of-Certainty Standard Applicable to All Expert Opinions, Feb. 1, 2026. Forensic Sciences, Opinions and Expert Testimony, Expert and Opinion Testimony.
• Tiny Plants, Big Consequences: Moss Evidence in Courtrooms, Jan. 1, 2026. Forensic Sciences, Evidence - Circumstantial, Opinions and Expert Testimony, Evidence - Integrity/Reliability of, Scientific Testimony or Evidence.
• Zombie Forensics: Discredited Science Stalking the Courtroom, Dec. 15, 2025. DNA Testing/Samples, junk science, Forensic Sciences, Opinions and Expert Testimony.
• ‘Sexome’ Bacteria Offers New Path to Justice 
in Sexual Assault Cases Where 
DNA Is Not Present, May 15, 2025. Evidentiary Ruling, Forensic Sciences, Evidence - Integrity/Reliability of.
• Federal Facial Recognition Technology Fails Again, Feb. 1, 2025. Computer Searches, Evidentiary Ruling, Forensic Sciences.
• Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.
• Massachusetts Supreme Judicial Court Affirms Trial Court’s Exclusion of Expert Testimony on iPhone’s Frequent Location History Data as Not Sufficiently Reliable Under Daubert-Lanigan Standard, June 15, 2024. Cell Site Location Information ("CSLI"), Opinions and Expert Testimony, Daubert Standards.
• $500,000 Jury Award Cut to $250,000 for Pennsylvania Prisoner Brutally Beaten by Guards, June 1, 2024. Guard Brutality/Beatings, Damages, Opinions and Expert Testimony.
• New Jersey Supreme Court Excludes CSLI Testimony Based on Agent’s ‘Rule Of Thumb’ Method for Determining Defendant’s Location, Feb. 15, 2024. Cell-Phone Location/Tracking Data, Application, Opinions and Expert Testimony, Expert and Opinion Testimony.