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. Seventh Circuit: Admissions to Pretrial Services Cannot Be Used to Prove Guilt, by Dale Chappell
6. The Warrior Cop Mindset, by Edward Lyon
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. Activists Seek Accountability by Pushing NYC to Make Footage From Traffic Cams Available for Archiving, by Douglas Ankney
15. FBI Expands Ability to Surveil Social Media and Cellphone Location Data, 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. Sixth Circuit: Prosecutor’s Improper Comments and Counsel’s Failure to Object Require New Trial, by Dale Chappell
20. Wrongfully Convicted Virginians Now Have Chance to Prove Innocence Due to Amendments to Writ of Actual Innocence, by Douglas Ankney
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. The Power of Filming Police, by Jayson Hawkins
25. Extending the Surveillance State During the Pandemic, by Anthony Accurso
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. 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
28. Guard Your Digital Privacy to Keep Your Real Self Safe, by Anthony Accurso
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: Dog Sniff Unrelated to Initial Traffic Stop Requires Suppression of Evidence, by Dale Chappell
38. Hawai’i Supreme Court Announces Trial Courts Have Duty to Obtain Knowing and Voluntary Waiver of Penal-Responsibility Defense, by Douglas Ankney
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. Seventh Circuit Holds First Step Act Applies to All Crack Offenses ‘As a Whole,’ Regardless of Crack Amounts, by Dale Chappell
43. Kentucky Supreme Court: Trial Court’s Ex Parte Discussion With Juror About Offered Bribe Was Structural Error, by Douglas Ankney
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. Tear Gas: Soldiers Prohibited From Using It in Warfare but Cops Using It Against Peaceful Protesters, by Douglas Ankney
47. The Lunacy of Qualified Immunity, by Edward Lyon
48. I Cover Cops as an Investigative Reporter. Here Are Five Ways You Can Start Holding Your Department Accountable., by Andrew Ford
49. Problems With Predictive Policing, by Jayson Hawkins
50. News in Brief

More from Dale Chappell:

• How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
• Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
• Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
• Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
• Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
• The Death of the Savings Clause, May 15, 2024
• Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
• Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
• Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
• Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023

More from these topics:

• Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
• Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W, March 15, 2025. Ineffective Assistance of Counsel, Motions To Suppress, Conflict of Interest.
• SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process, March 15, 2025. AEDPA, Denial of Due Process.
• How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025. AEDPA, Collateral Order Exception.
• Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
• Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home, Feb. 1, 2025. Ineffective Assistance of Counsel, Motions To Suppress, Searches - Home/Curtilage, Suppression.
• Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025. AEDPA, Procedural Reasonableness, Reasonableness of Sentence.
• Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
• Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defendant About Mandatory Sentences If Plea Offer Rejected, Dec. 15, 2024. Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Mandatory Minimum Sentence, Plea Agreements/Guilty Pleas, Rejection.
• Delaware Supreme Court: Counsel Ineffective for Failing to Challenge Search of Cellphone Where Consent Was Ambiguous and Warrant Constituted a General Warrant, Nov. 1, 2024. Ineffective Assistance of Counsel, Searches - Cellphones/Computers/Internet, Warrants - Requirements/Scope/Exceptions.