More from this issue:

1. SCOTUS ‘Shadow Docket’ Secretly Pushes Agendas, Issues Major Rulings Without Argument or Public Knowledge, by Dale Chappell
2. The Junk Science Cops Use to Decide You’re Lying, by Jordan Smith
3. From the Editors
4. California Court of Appeal Grants Habeas Relief Over Failure to Instruct Jury on ‘Heat of Passion’, by Dale Chappell
5. Attacking the Guilty Plea: The Art of Withdrawing a Guilty Plea, by Dale Chappell
6. Fourth Circuit: Releasee Under First Step Act Can’t ‘Bank’ Extra Time Spent in Prison Toward Future Supervised Release Violation, by Dale Chappell
7. New Hampshire Supreme Court Announces Defendant Not Required to Identify Evidentiary Support for Noticed Defense, by Douglas Ankney
8. Sixth Circuit Reverses District Court’s Grant of Summary Judgment to Defendants in § 1983 Suit Against City and Police Officers, by Douglas Ankney
9. Ninth Circuit Clarifies Use of Rule 60(b) for Changes in Law, by Dale Chappell
10. Nebraska Supreme Court Announces Remand for New Sentencing Hearing Appropriate Remedy for Enhanced Vehicular Homicide Sentence Without Evidence of Prior Convictions, by Douglas Ankney
11. Study Exposes Public Defender Plea Negotiation Practices and Suggests New Negotiation Theory, by David Reutter
12. Colorado Supreme Court Announces New Rules for Awarding Presentencing Credit, by Anthony Accurso
13. Government Agencies Expand Use of Private Companies to Bypass Constitution, by Casey Bastian
14. California Supreme Court Announces New Time Limit for Habeas ‘Appeal’ Stages, Clarifying Tolling for Federal Habeas Petitioners, by Dale Chappell
15. Defense Officials: Law Enforcement in Military Garb not Appropriate, by Casey Bastian
16. South Carolina Supreme Court: Failure to Give Logan Instruction Not Harmless Error Where Evidence Almost Entirely Circumstantial, by Douglas Ankney
17. Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders, by Dale Chappell
18. Colorado Supreme Court: Prosecution Prohibited From Arguing Defendant’s Failure to Retreat Showed Lack of Fear, Undermining Claim of Self-Defense, by Douglas Ankney
19. Seventh Circuit: District Court Abused Discretion by Denying Relief Without First Considering Recalculations Under First Step Act, by Douglas Ankney
20. California Supreme Court Vacates LWOP Sentence After Its Recent Cases Clarifying ‘Special Circumstance’ Murder, by Dale Chappell
21. Arizona Supreme Court Announces Cumulative Error Framework for Reviewing Multiple Instances of Prosecutorial Misconduct, by Douglas Ankney
22. Indiana Supreme Court: Must Be Immediate Causal Connection Between Confrontation and Other Crime by Defendant to Negate Self-Defense, by Douglas Ankney
23. Seventh Circuit: Sentences for ‘Non-Covered’ Offenses Can Also Be Reduced Under First Step Act, by Dale Chappell
24. Ninth Circuit: Police Violate Fourth Amendment Executing Administrative Warrant Where Primary Purpose Is Gathering Evidence for Criminal Investigation, by Douglas Ankney
25. Interactions Between Diabetics and Law Enforcement Can Become Life-Threatening, by Casey Bastian
26. Fourth Circuit Grants ‘SOS’ § 2254 Petition Attacking Three-Decade-Old Murder Conviction Based on New Evidence, by Dale Chappell
27. Washington Federal Court: Looking at Lock Phone Screen Requires Warrant, by Anthony Accurso
28. North Carolina Supreme Court: Defendant Can’t Be Convicted of Both Habitual Misdemeanor Assault and Felony Assault for Same Act, by Douglas Ankney
29. Michigan Supreme Court: Probation Compliance Check During Unlawfully Extended Probation Was Unauthorized Warrantless Search, by Matthew Clarke
30. Medical Experts Publish Guidelines on SUDC, by Douglas Ankney
31. Successful Alternatives to Armed Police Response, by Edward Lyon
32. Tenth Circuit: District Court Plainly Erred in Giving Erroneous Constructive Possession of Firearm Instruction, Conviction Reversed, by Douglas Ankney
33. Second Circuit: District Court’s Failure to Offer Explanation for Its Sentence Constitutes Plain Error, by Douglas Ankney
34. SCOTUS Goes Live on Camera, by Jayson Hawkins
35. Maryland Court of Appeals Announces Reasonableness Standard in Providing Advice of Rights to Non-English Speaking Drivers, by David Reutter
36. Seventh Circuit: Rehaif Creates Defense and Invalidates Defendant’s Guilty Plea, by David Reutter
37. Chicago’s Police Torture Reparations, by Jayson Hawkins
38. New Jersey Supreme Court: Juror Excused After Partial Verdict Requires Mistrial on Remaining Counts, by Dale Chappell
39. Policing and Racial Bias, by Kevin Bliss
40. How COVID-19 Forces New Releasees Into ‘Survival Mode’, by Dale Chappell
41. From Detroit: How Not to Use Facial Recognition in Policing, by Anthony Accurso
42. New Colorado Law Kills Qualified Immunity for Cops, by Dale Chappell
43. Minnesota Cops Use Contact Tracing to Track Protestor Networks, by Anthony Accurso
44. When Police Caught Lying, the Spin Begins, by Edward Lyon
45. Minneapolis: Use of Force Against Blacks 7 Times Higher Than That for Whites, by Kevin Bliss
46. Risk Assessment Tools Perpetuate Inherent Biases and Prejudices, by Kevin Bliss
47. New York Police Act With Impunity During Protests, by Kevin Bliss
48. New ‘Barcode’ System Puts DNA Sample to the Authenticity Test, by Anthony Accurso
49. Police Violence and the 14th Amendment, by Jayson Hawkins
50. Police Unions Buy Their Way Out of Reform, by Kevin Bliss
51. News in Brief
52. Protecting Your Phone at Protests, by Douglas Ankney

More from Douglas Ankney:

• Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025
• Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025
• Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025
• Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication, March 15, 2025
• California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed, March 15, 2025
• Nevada Supreme Court: Theft Offenses and Possessing or Receiving Stolen Property Offenses Are Mutually Exclusive and Double Jeopardy Protections Bar Conviction for Both Offenses When Based on Same Conduct, March 15, 2025
• 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
• $100,000 Settlement Reached in New York Prisoner’s Solitary Confinement Suit, After Jury for First Time Finds Practice Violates Eighth Amendment, March 1, 2025
• Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
• Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025

More from these topics:

• Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken, Oct. 1, 2024. Procedural Default/Error, Right to Testify, Right to Testify/Remain Silent.
• U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, Jan. 15, 2024. AEDPA, Procedural Default/Error, Proving Cause, Capital Cases, Procedural Error, Effective Assistance of Counsel, Counsel - Right to, Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness, Right to Counsel.
• Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review, Oct. 1, 2023. First Step Act, Procedural Default/Error, Resentencing.
• SCOTUS Announces Statute of Limitations for § 1983 Claim Challenging State’s Postconviction DNA Testing Procedures Begins to Run Upon Completion of State-Court Litigation, Including Appeals, May 15, 2023. DNA Testing/Samples, Procedural Default/Error.
• Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty Plea, April 15, 2023. Procedural Default/Error, Conspiracies, Attempts, Solicitations, Knowingly and Voluntarily Made.
• Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion, April 15, 2023. Frivolous Litigation (PLRA), First Step Act, Procedural Default/Error.
• SCOTUS: Arizona Supreme Court’s Interpretation of State Procedural Rule so ‘Novel and Unforeseeable’ It’s Not ‘Adequate’ to Preclude SCOTUS Review of Federal Death-Penalty Claim, March 15, 2023. Death Penalty, Procedural Default/Error.
• Fifth Circuit: District Court Erred in Finding That a Fourth Amendment Stop Did Not Occur, Jan. 15, 2023. Procedural Default/Error, Terry Stops.
• Florida Supreme Court: Trial Courts Have Authority to Correct Sentencing Errors, But Subject to Time Limits, Jan. 1, 2023. U.S. Sentencing Guidelines, Procedural Default/Error, Timeliness.
• Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar, Sept. 15, 2022. AEDPA, Procedural Default/Error.