More from this issue:

1. Qualified Immunity - A Legal, Practical, and Moral Failure, by Jay Schweikert
2. Ninth Circuit Reverses Dismissal of Suit Challenging Idaho’s Sex Offender Registration Law, by Douglas Ankney
3. Column: Raising Successful Federal Habeas Corpus Claims, by Dale Chappell
4. Tenth Circuit Vacates Enhancement for Prior Crime of Violence Because it Wasn’t Independently Eligible to Receive Criminal History Points, by Anthony Accurso
5. California Court of Appeal: Trial Court Abused Discretion by Denying Romero Motion and Life Sentence for Attempted Robbery Is Cruel and Unusual Under State Constitution, by Douglas Ankney
6. Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government, by Matthew Clarke
7. Seventh Circuit Joins Other Circuits Holding Any Crack Cocaine Offense Under § 841 Qualifies for First Step Act Relief, by Dale Chappell
8. California Court of Appeal: Counsel Ineffective for Failure to Investigate Mental Health History, by Douglas Ankney
9. Michigan Supreme Court: Police Must Limit Search of Cellphone Data to Uncovering Evidence of the Criminal Activity Alleged in Warrant, by Douglas Ankney
10. Fifth Circuit: No Qualified Immunity When Police Fatally Beat Unresisting Man Suffering Mental Health Crisis, by Matthew Clarke
11. North Carolina Supreme Court: Superior Court Abused Discretion by Flatly Prohibiting Questions on Racial Bias During Voir Dire, by Douglas Ankney
12. Texas Court of Criminal Appeals: Witness Testifying Remotely Via Two-Way Video Without Sufficient Reason Violates Confrontation Clause, by Douglas Ankney
13. Fifth Circuit: District Court Cannot Delegate to Probation Officer Authority to Impose Inpatient Treatment, by Douglas Ankney
14. Kansas Supreme Court: Wrong Standard Used in Review of Plea Withdrawal Motion Requires Remand, by David Reutter
15. Indiana Supreme Court: Speedy Trial Right Violated After 6.5 Years Without Retrial, by Anthony Accurso
16. Raid on Data Scientist’s Home Underscores Outdated Technology Laws and Unjustifiable Police Use of Force, by Anthony Accurso
17. Nevada Supreme Court: Defendant Has Right to Withdraw Plea Where He Wasn’t Informed of Range of Possible Punishments, by Douglas Ankney
18. Voters Speak: Dump Tough-On-Crime Prosecutors, Boost Police Oversight, by Dale Chappell
19. Ohio Supreme Court: ‘Avoid Impregnating a Woman’ as Probation Condition for Failing to Pay Child Support Unreasonable, by Dale Chappell
20. Texas Supreme Court Announces Factual-Sufficiency Standard of Review in SVP Determinations, by Douglas Ankney
21. California Court of Appeal: SB 136 Makes Plea Agreement Containing Prior Prison Enhancement Unenforceable, by Douglas Ankney
22. ACLU Spotlights FBI’s Encryption-Breaking Tool in Freedom of Information Suit, by Derek Gilna
23. North Carolina Supreme Court: Testimony That Improperly Bolstered Victim’s Credibility Was Plain Error, by Douglas Ankney
24. Second Circuit Clarifies What Constitutes ‘Possession of a Dangerous Weapon’ and ‘Physical Restraint’ Under the Guidelines, by Dale Chappell
25. Ohio Supreme Court: Jury Must Find Use of Force, Not Sentencing Court, for Mandatory Minimum Sentences, by Anthony Accurso
26. San Francisco Forensic Analyst’s Arrest on Drug Charges Exposes Flawed Lab, by Derek Gilna
27. Montana Supreme Court: Five-Year Delay Violates Speedy Trial and Is Presumptively Prejudicial, by Douglas Ankney
28. SCOTUS: RFRA’s ‘Appropriate Damages’ Includes Monetary Awards, by Douglas Ankney
29. First Circuit Joins Sister Circuits Holding Hobbs Act Robbery Conspiracy not Crime of Violence for 924(c), by Dale Chappell
30. Fatal Shootings by Police Rarely Prosecuted, by Jayson Hawkins
31. Misinformation and the Carceral State, by Jayson Hawkins
32. Massachusetts Supreme Judicial Court Announces Blood Alcohol Test Results From Blood Drawn Under Court Order but Without Consent Is Inadmissible, by Matthew Clarke
33. A 22-Year-Long Path to Justice, by Jayson Hawkins
34. Police Departments Buying Teslas, by Anthony Accurso
35. Mens Rea: Criminal Liability Should Equal Criminal Intent, by Casey Bastian
36. Walter Forbes of Michigan Exonerated After 37 Years in Prison, by Kevin Bliss
37. First Circuit: Rehaif Error Rendered Guilty Plea Invalid, by Dale Chappell
38. The Need for Legislation Governing Police Use of Robots, by Douglas Ankney
39. 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:

• Hawai’i Supreme Court Announces Totality-of-the-Circumstances Good-Cause Standard Governing State Motions to Continue Based on Witness Unavailability, Aug. 1, 2026. Motions To Suppress, Speedy Trial Clock - Tolling of, Periods of Delay, Excludable Time.
• Colorado Supreme Court Holds Prosecutor’s Interlocutory Appeal of Evidentiary Ruling Lacked Arguable Merit, Did Not Toll Speedy Trial Deadline, and Violated Defendant’s Right to Speedy Trial, May 1, 2026. Appealable Issues/Orders, Interlocutory Appeals, Speedy Trial Clock - Tolling of, Statutory Construction/Interpretation, Prejudice - Potential for Undue.
• Second Rapper Stabbed in Atlanta Jail During Record-Long Trial, Jan. 15, 2025. Prison Gangs, Overcrowding, Speedy Trial Clock - Tolling of, Civil Rights Violations.
• In Oregon Case, Ninth Circuit Limits Pretrial Detention Without Counsel to Seven Days, Nov. 15, 2024. Appointment of Counsel, Pretrial Detention and Detainees, Speedy Trial Clock - Tolling of.
• New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock, July 15, 2024. Speedy Trial Clock - Tolling of, Periods of Delay, Delays in Prosecution of Case, Excludable Time, Discovery and Inspection, Discovery - Lateness of.
• Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention, May 15, 2023. Pretrial Detention and Detainees, Bail/Pretrial Release, Speedy Trial Clock - Tolling of.
• Washington Racks Up More Than $98 Million in Fines for Failure to Timely Hold Competency Hearings, April 1, 2023. Speedy Trial Clock - Tolling of, Competency Hearing, Fines.
• Seventh Circuit Says Fourth Amendment Does Not Require Bail Hearing Within 48 Hours of Arrest, March 1, 2023. Speedy Trial Clock - Tolling of, Right to Bail Hearing.
• Texas Court of Criminal Appeals Announces Overruled Motion for New Trial May Be Amended With Court’s Leave Within 30-Day Period After Sentenced Imposed, June 15, 2022. New Trial Motions, Speedy Trial Clock - Tolling of.
• Mississippi Supreme Court: Failure to Timely File Motion to Suppress Confession Obtained as Result of Police Threats and Promises Constitutes Ineffective Assistance of Counsel, Sept. 15, 2021. Ineffective Assistance of Counsel, Speedy Trial Clock - Tolling of.