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. California Court of Appeal: Counsel Ineffective for Failure to Investigate Mental Health History, by Douglas Ankney
8. Seventh Circuit Joins Other Circuits Holding Any Crack Cocaine Offense Under § 841 Qualifies for First Step Act Relief, by Dale Chappell
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 Raid on Data Scientist’s Home Underscores Outdated Technology Laws and Unjustifiable Police Use of Force, by Anthony Accurso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. Texas Supreme Court Announces Factual-Sufficiency Standard of Review in SVP Determinations, by Douglas Ankney
20. Ohio Supreme Court: ‘Avoid Impregnating a Woman’ as Probation Condition for Failing to Pay Child Support Unreasonable, by Dale Chappell
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. First Circuit: Rehaif Error Rendered Guilty Plea Invalid, by Dale Chappell
37. Walter Forbes of Michigan Exonerated After 37 Years in Prison, by Kevin Bliss
38. The Need for Legislation Governing Police Use of Robots, by Douglas Ankney
39. News in Brief

More from Anthony Accurso:

• Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, May 1, 2025
• 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

More from these topics:

• 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.
• Virginia Parole Board Skirts New Transparency Rules, Governor Walks Back Expanded Sentence Credits—Again, March 1, 2025. Local Rules, U.S. Sentencing Guidelines, Probation, Parole & Supervised Release, Credits.
• Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
• 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.
• Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025. State Law Claims, Wrongful Use of Force, Firearms.
• The Murky Waters of Parole, Feb. 1, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release.
• Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires, Jan. 15, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Resentencing, Revocation Proceedings, Overreaching.
• After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, Jan. 15, 2025. U.S. Sentencing Guidelines, Conspiracies, Attempts, Solicitations, Attempts/Incomplete Acts, Credits, Sentences - Adjustments and Departures.
• Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation, Dec. 15, 2024. U.S. Sentencing Guidelines, Revocation Proceedings.
• California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment, Dec. 15, 2024. Retroactivity, U.S. Sentencing Guidelines.