More from this issue:

1. North Carolina Supreme Court Announces Harbison Applies When Defense Counsel Implies Defendant’s Guilt Without Prior Consent, by Douglas Ankney
2. Revocation Nation: Reincarceration for Technical Parole Violations in the Age of COVID-19, by Jean Trounstine
3. Federal Habeas Corpus: Time Limits for Filing, by Dale Chappell
4. First Circuit Announces Residual Clause of U.S.S.G. § 4B1.2(a)(2) When Applied Pre-Booker Is Unconstitutional Under Johnson, by Douglas Ankney
5. Why Coroners Often Blame Police Killings on a Made-Up Medical Condition, by Samantha Michaels
6. Cincinnati Police Department Agrees to Audit of Its DNA Database, by Douglas Ankney
7. Fourth and Fifth Circuits Reopen Decades-Old Cases for Habeas Relief Due to Brady Violations, by Dale Chappell
8. Time to Curb Police Unions, by Bill Barton
9. Massachusetts Supreme Court: Brady Requires Disclosure of Exculpatory Material Revealed During Immunized Testimony Before Grand Jury, by Douglas Ankney
10. Eighth Circuit Vacates Sentence After District Judge 
Interfered With Plea Negotiations and Made Disparaging 
Remarks About Federal Judiciary, by Douglas Ankney
11. Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts, by Anthony Accurso
12. California Court of Appeal Reverses Murder Conviction Because Superior Court Erred by Allowing Deceased’s Out-of-Court Statements Into Evidence, by Douglas Ankney
13. From the Editors
14. New Report Shows More Than Half of Wrongful Convictions Involved Misconduct by Police and Prosecutors, by Dale Chappell
15. Seventh Circuit: Prior Conviction Under Overbroad State Drug Statute May Be Used in Career Criminal Enhancement But Not For Prior Drug Crimes Enhancement, by Matthew Clarke
16. Hawai’i Supreme Court Announces Admissibility of Third-Party Culpability Evidence Is Same Relevancy Test That’s Applied for Other Evidence, Superseding Rabellizsa, by Douglas Ankney
17. Fifth Circuit: Consecutive Sentence for FTA Must Be Part of ‘Total Punishment,’ Not Merely a Stacked Sentence
18. Colorado Supreme Court: Felony DUI Conviction Requires ‘Mandatory Sentencing’ Triggering Right to Preliminary Hearing, by Anthony Accurso
19. Second Circuit: Nondescript Photo of Unidentified Black Male Insufficient Grounds to Conduct Investigatory Stop, by Anthony Accurso
20. Sixth Circuit Vacates First Step Act 
Resentencing Denial Where Court Failed 
to Consider Post-Sentencing Conduct, by Anthony Accurso
21. Federal Judges Beginning to Reject Geofence Warrants, by Anthony Accurso
22. Montana Supreme Court: Renter’s Privacy Not Diminished By Landlord’s Probationary Status, by Anthony Accurso
23. Fifth Circuit: Safety Valve Isn’t Up to the Government, by Dale Chappell
24. Maine Supreme Court: SORNA Ruled Ex Post Facto Punishment for Defendant, by Anthony Accurso
25. Seventh Circuit: Incompetent Advice to Reject Plea Offer Requires Evidentiary Hearing, by David M. Reutter
26. New Hampshire Supreme Court Announces Adoption of Lafler When Reviewing IAC Claims in Plea Bargain Cases, by Douglas Ankney
27. Colorado Supreme Court: Convictions for Murder and Attempted Murder Violate Double Jeopardy, by Douglas Ankney
28. Third Circuit Announces Resentencing Under First Step Act Requires Use of § 3553(a) Factors, by Dale Chappell
29. Kansas Supreme Court Reverses Conviction Where Trial Court Refused to Give Self-Defense Instruction, by Douglas Ankney
30. Ninth Circuit: California Conviction Under § 261.5(c) Not Predicate Offense For § 2252(b)(1) Enhancement, by Anthony Accurso
31. COVID-19 Has Profound Effect on Breadth and Scope of Law Enforcement Agencies, by Michael Fortino, Ph.D
32. Sixth Circuit Vacates Sentence Where Upward Variance Based on Criminal History Had Little Bearing on Instant Offense, by Douglas Ankney
33. Washington Supreme Court Announces Prohibition Against Blanket Shackling Policies at Pretrial Proceedings, by Anthony Accurso
34. Second Circuit Announces Compassionate Release Motion by Prisoner Not Constrained by Outdated Guideline § 1B1.13, Application Note 1(D), by Dale Chappell
35. Colorado Supreme Court Holds Successfully Completed Deferred Judgment Does Not Count as Conviction Barring Relief From Sex Offender Registration, by Matthew Clarke
36. $12 Million Settlement Against Louisville, Kentucky, by Edward Lyon
37. Review Board Has No Power Over NYPD, by Kevin Bliss
38. Shielding Police Identities: A Law That Cuts Both Ways, by Michael Fortino, Ph.D
39. Exodus of a Baker’s Dozen, by Edward Lyon
40. PBA Cards and the Problem with Police Discretion, by Jayson Hawkins
41. Proliferation of Police Drones Feeds Big Brother’s Need for Big Data, by Anthony Accurso
42. For-Profit Lexipol Takes Over Writing Departmental Policy for Public Safety, by Kevin Bliss
43. Thirty-Fourth Conviction Based on Bite Mark Forensics Overturned, by Kevin Bliss
44. Guilt by Google, by Jayson Hawkins
45. Technology and Police Reform, by Anthony Accurso
46. Would the Real Officer Friendly Please Stand Up?, by Casey Bastian
47. Government Enforcers Are Still Cops, by Jayson Hawkins
48. News in Brief

More from Anthony Accurso:

• 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
• Fourth Circuit Reverses Denial of Counsel for “Low IQ” North Carolina Prisoner, March 1, 2025
• Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite, March 1, 2025
• New Mexico Settles Suit Alleging Failure To Implement Expanded Voting For Felons, March 1, 2025
• D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
• $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
• Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
• First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
• Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
• Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025

More from these topics:

• 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.
• Washington State Patrol Accused of Confusing Driver’s Brain Bleed for DUI, Dec. 15, 2024. Medical Neglect/Malpractice, DUI, False Exculpatory Statements.
• Massachusetts Supreme Judicial Court Casts Nearly 30,000 DUI Convictions in Doubt Due to ‘Egregious Government Misconduct’, Sept. 1, 2023. Government Misconduct, Wrongful Conviction, DUI.
• St. Joseph County Sheriff Pleads Guilty to Two Misdemeanors for Driving Drunk at a 100 mph and Carrying Concealed Weapon While Drunk, June 23, 2023. Police Misconduct, Police Chases, Traffic stop, DUI.
• “I Can’t Breathe!” – California Reaches Record $24 Million Civil Rights Settlement in Fatal Police Custody Incident Two Months Before George Floyd Uttered Same Plea, May 11, 2023. Settlements, Police--Excessive Force, Traffic stop, DUI.
• Warden Ousted from Troubled Alabama Prison After DUI Arrest, May 1, 2023. Guard Misconduct, DUI.
• Florida Supreme Court Settles Circuit Split, Holding Dual DUI Convictions Regarding Single Victim in Single Incident Violates Double Jeopardy, Feb. 15, 2023. Double jeopardy (Hearings), DUI.
• Oregon Prison Superintendent Pleads Guilty to Drunk Driving and Interfering With Arrest, Aug. 1, 2022. Guard Misconduct, DUI.
• Idaho Supreme Court Declares Clarke Merely Memorialized Constitutional Principle That Warrantless Arrest for Misdemeanor Completed Outside Officer’s Presence Violates State Constitution and Applies to Cases Prior to Clarke, Jan. 15, 2022. DUI, Warrantless Searches.
• The Many Roads to Relief Under Borden, Aug. 15, 2021. Mandatory Minimum Sentence, Possession or Use of Firearms.