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. 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
16. 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
17. Fifth Circuit: Consecutive Sentence for FTA Must Be Part of ‘Total Punishment,’ Not Merely a Stacked Sentence
18. Second Circuit: Nondescript Photo of Unidentified Black Male Insufficient Grounds to Conduct Investigatory Stop, by Anthony Accurso
19. Colorado Supreme Court: Felony DUI Conviction Requires ‘Mandatory Sentencing’ Triggering Right to Preliminary Hearing, by Anthony Accurso
20. Sixth Circuit Vacates First Step Act 
Resentencing Denial Where Court Failed 
to Consider Post-Sentencing Conduct, by Anthony Accurso
21. Montana Supreme Court: Renter’s Privacy Not Diminished By Landlord’s Probationary Status, by Anthony Accurso
22. Federal Judges Beginning to Reject Geofence Warrants, 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:

• 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:

• South Dakota Supreme Court Affirms Prisoner’s Simple Assault on Guard Conviction Despite Four-Second Skip in Surveillance Video Footage, Oct. 1, 2026. Jury Instructions, Double jeopardy, Failure to Object, Evidence - Integrity/Reliability of, Denial of Due Process.
• Oregon Supreme Court Announces Trial Courts Must Give Complete Oral Final Jury Instructions at Conclusion of Trial, Preliminary Instructions Cannot Substitute for the ORCP 59 B Charge, May 1, 2026. Jury Instructions, Jury Instructions in Jury Room, Grounds for Relief, Denial of Due Process, Right to Testify/Remain Silent.
• Aphantasia: Why Truthful Witnesses Can Sound Like Liars, Jan. 1, 2026. Jury Instructions, False Statements/Perjury, Self-Authentication, Voir Dire, Evidence - Integrity/Reliability of, Eyewitness Identification, Character/Reputation/Propensity.
• California Supreme Court Announces Pre-2009 Provocative Act Murder Convictions Are Not Categorically Ineligible for Resentencing Under § 1172.6, Dec. 15, 2025. Jury Instructions, Retroactivity, Murder/Felony Murder, Accessories and Accomplices.
• Third Circuit: Where Prosecutor “Flooded” Jury Trial With Evidence of Defendant’s Prior Bad Acts, Counsel Was Constitutionally Ineffective in Not Seeking Contemporaneous Limiting Instructions and Not Objecting When Evidence Went Beyond Limited Purpose –, Oct. 15, 2025. Jury Instructions, Strickland Standard, Failure to Preserve Challenge, Motive/Opportunity/Intent/Identity Evidence, Bad Acts Evidence.
• Illinois Supreme Court Announces Conviction 
for Attempted First Degree Murder Requires 
‘Intent to Kill Without Lawful Justification, Aug. 1, 2025. Jury Instructions, Ineffective Assistance of Counsel, Inconsistent.
• South Carolina Supreme Court Announces Traditional 
Four-Element Standard for When Person Has Right 
to Use Deadly Force in Self-Defense Not Applicable 
to Non-Deadly Force Self-Defense Analysis, May 15, 2025. Defenses, Jury Instructions.
• Minnesota Supreme Court Clarifies Standard for Determining Whether a Defendant Is Entitled to Jury Instructions 
on Self-defense and Defense of Others, May 15, 2025. Defenses, Jury Instructions, Jury Instructions in Jury Room.
• Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025. Jury Instructions, Evidence - Failure to Disclose.
• 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.