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 Douglas Ankney:

• Third Circuit Upholds Award of $265,000 to Prisoner 
Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025
• Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025
• $340,000 for Former Massachusetts Prisoner 
Whose Baby Was Stillborn, July 15, 2025
• New Jersey Supreme Court Refuses Guard’s Challenge to Firing 
for Failing to Report Kiss with Prisoner, July 15, 2025
• New York City Loses Bid to Withhold Jail Records, July 15, 2025
• Eleventh Circuit Announces New Deliberate Indifference 
Framework in Dismissing Georgia Prisoner’s Claim 
for Skipped Anti-Seizure Meds, July 15, 2025
• Washington Jail Settles DOJ Allegations of ADA Noncompliance 
in Failure to Treat Opioid Use Disorder, July 15, 2025
• Ohio Supreme Court Says Sheriff Must Get and Disclose 
Records of Private Contractors, July 15, 2025
• Third Circuit Rejects U.S. Sentencing Commission 
Amended Compassionate Release Policy, July 15, 2025
• South Carolina Prisoners Granted Class-Action Status in Suit 
Over Low Wages in Prison Industries Jobs, July 15, 2025

More from these topics:

• SCOTUS Announces Sentence ‘Has Not Been Imposed’ 
for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment 
but Sentence Subsequently Vacated, Aug. 1, 2025. Retroactivity, First Step Act, Resentencing, Recidivist Enhancements, Stacking Mandatory Minimum Sentences.
• California Court of Appeal: Trial Court Misconstrued Elements 
of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing, Aug. 1, 2025. Murder/Felony Murder, Resentencing, Failure to Prove.
• Illinois Supreme Court Announces Entering ‘Blind’ Guilty Plea Does Not Waive Defendant’s Right to Challenge Sentence, July 1, 2025. Guilty Plea, Violation of Plea Agreement, Contract Law Principles, Plea Agreements/Guilty Pleas, Validity of.
• Florida Prisoner Returns to Custody After Overturned Conviction Reinstated, May 1, 2025. False Statements/Perjury, Resentencing, Witnesses - Prior Statements/Testimony, Effect of Vacatur, Brady/Giglio/Jencks Act Issues.
• Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant, April 15, 2025. U.S. Sentencing Guidelines, Resentencing, Bank Fraud/Robbery/Theft, Probation, Parole & Supervised Release, Eligibility for Parole.
• Alabama Governor Commutes Death Sentence, April 1, 2025. Death Penalty/Death Row, Resentencing.
• California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025. Disclosure of Records, Police, Brady Violations, Murder/Felony Murder, Resentencing, Prior Conviction/Sentence/Incarceration, Evidence - Admissibility.
• Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025. Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment.
• First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners, Feb. 1, 2025. First Step Act, Resentencing, Credits.
• California Court of Appeal Announces Youthful Defendants Sentenced to Terms ‘Functionally Equivalent’ to LWOP Entitled to Resentencing Under § 1170(d), Feb. 1, 2025. Life without Parole (LWOP), Resentencing, Juvenile Offenses/Offenders.