More from this issue:

1. Deliberately Convicting the Innocent: Exonerations Expose the Criminal Justice System’s Callous Indifference Toward Official Misconduct, by Douglas Ankney
2. Tenth Circuit: District Courts Have Authority to Decide What Constitutes ‘Extraordinary and Compelling Reasons’ for Compassionate Release After First Step Act, by Dale Chappell
3. Texas Court of Criminal Appeals: Warrantless Arrest Designed to Elicit a Confession Constitutes Flagrant Misconduct Requiring Suppression of Confession, by Douglas Ankney
4. Pennsylvania Supreme Court: Failure to Object to Improper Jury Instruction and Curative Instruction by Court Containing ‘Freudian Slip’ Constitutes IAC, by Anthony Accurso
5. Federal Habeas Corpus: Discovery and Expanding the Record, by Dale Chappell
6. Illinois Supreme Court Announces Person Seeking Certificate of Innocence Need Only Prove Innocence of Originally Prosecuted Theory of Offense, not Every Conceivable Theory, by Matthew Clarke
7. An Ignoble Process How High-Pressure Tactics and Flawed Investigative Techniques Created a Miscarriage of Justice, by Casey Bastian
8. Inflation Increases Likelihood of Felony Theft Charges, by David Reutter
9. Report Shows Cellphone Searches Common, by Jayson Hawkins
10. Iowa Supreme Court: Successful Adjustment to Sex Offender Registry Requirements Not a Reason to Deny Modification, by David Reutter
11. California Court of Appeal: Defendant Cannot Be Convicted of Robbery and Kidnapping to Commit Robbery for Same Act, by Anthony Accurso
12. Alaska Supreme Court: ‘Set Aside’ Conviction From 1997 Is Not ‘Conviction’ Triggering Lifetime ASORA Registration, by Anthony Accurso
13. Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, by Derek Gilna
14. Eleventh Circuit: Timely Filed Amended Fla. R. Crim. P. 3.850 Motion Tolls AEDPA Clock, Rejects State’s Proposed 30-Day Limitations Period, by Dale Chappell
15. Ninth Circuit Joins Five Other Circuits in Holding § 1B1.13 Doesn’t Apply to Compassionate Release Motions by Prisoners, by Dale Chappell
16. Cancel Culture Nothing New to Those on Sex Offense Registries, by Sandy Rozek
17. North Carolina Governor Announces Formation of Juvenile Sentence Review Board, by Douglas Ankney
18. The Era of Punitive Excess The criminal justice system is marred by an overreliance on excessive punishment, by Bruce Western, Jeremy Travis
19. Tenth Circuit: Warrantless Search of Truck Driver’s Home Not Justified Solely by Connection to Alien Smuggling, by Anthony Accurso
20. Sixth Circuit: State Court Committed Constitutional Error in Applying Ohio Rules of Evidence 606(B) to Deny Right to Fair Trial, by Dale Chappell
21. Direct Collateral Review Creates Path Around AEDPA Hurdles for State Prisoners Seeking Postconviction Relief, by Dale Chappell
22. Maine Supreme Court: Counsel’s Introduction of Victim’s Video Interview with Police Was Not ‘Sound Trial Strategy,’ Constituted IAC, by Dale Chappell
23. D.C. Circuit: Conflicted Counsel During Habeas Proceeding Requires Appointment of Conflict-Free Counsel, by David Reutter
24. Mississippi Supreme Court Reverses Conviction due to Double Jeopardy Violation Because of Mistrial Without Manifest Necessity in Initial Trial, by Matthew Clarke
25. Wyoming Supreme Court Abandons Alter Ego Rule in Relation to Defense-of-Another Claim, by Anthony Accurso
26. California Court of Appeal: § 3051’s Exclusion of One Strike Offenders from Youthful Offender Parole Hearings Violates Equal Protection, by Douglas Ankney
27. Seventh Circuit: Knowing and Intelligent Waiver of Miranda Rights Distinct and Separate Issue From Whether Statement Was Voluntary, by Douglas Ankney
28. Fifth Circuit: U.S.S.G. § 1B1.13 Policy Statement Not Applicable to Prisoner’s Motion for Compassionate Release, by Douglas Ankney
29. Illinois Supreme Court: Motion to Suppress Statements Granted Where Police Prolonged Traffic Stop to Investigate Offenses Unrelated to the Stop, by Douglas Ankney
30. Baltimore and St. Louis ‘Shoot Down’ Spy Planes, by Douglas Ankney
31. First Circuit: Government’s Mention of Co-Defendant’s Guilty Plea Before Jury Was Confrontation Clause Violation Warranting New Trial, by Anthony Accurso
32. SCOTUS Reaffirms Habeas Court Must Consider Entire Record Before ‘Disturbing’ a State Criminal Judgment, by Dale Chappell
33. West Virginia Supreme Court: Emergency Protective Order Not De Facto Search Warrant, by Douglas Ankney
34. Report: U.S. Border Patrol Not Nearly as Nice as It Claims, by Edward Lyon
35. Potentially Deadly War Gas Deployed Against Black Lives Matter Protesters, by Matthew Clarke
36. Tenth Circuit Joins Other Circuits, Holds § 1B1.13 Does Not Apply to Compassionate Release Motions Filed by Prisoners, by Dale Chappell
37. Kentucky Supreme Court: Blood Test Refusal Inadmissible as Evidence in DUI Case Even to Explain Why Prosecution Has No Scientific Evidence of Intoxication, by Matthew Clarke
38. News in Brief

More from Douglas Ankney:

• Former AZ Assistant AG Disciplined for Misconduct in Muslim Prisoner’s Lawsuit, Jan. 1, 2022
• Sixth Circuit: Only One Conviction May Result Under § 922(g) for Single Incident of Firearm Possession, Dec. 15, 2021
• Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof, Dec. 15, 2021
• New Jersey Supreme Court Announces Arrestees in Police Custody Have Reasonable Expectation of Privacy in Calls Made on Police Station Phone Absent Notice That Call Is Being Monitored or Recorded, Dec. 15, 2021
• Fourth Circuit: Long-Term Aerial Surveillance That Reveals ‘Whole of Individuals’ Movements’ Constitutes Search Without a Warrant, Violates Fourth Amendment, Dec. 15, 2021
• California Court of Appeal: Police Created Atmosphere of Custodial Interrogation Requiring Miranda Warnings Even Though Prearrest Interview Occurred in Teen Suspect’s Home, Dec. 15, 2021
• California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes, Dec. 15, 2021
• Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption, Dec. 15, 2021
• Second Circuit Declares Police Firearms Examiners Subject to Brady, Examiner Who Failed to Disclose Exculpatory Ballistics Report Not Entitled to Qualified Immunity, Dec. 15, 2021
• Ninth Circuit: California Law Prohibiting Recovery of Loss of Life Damages Inconsistent With § 1983, Dec. 15, 2021

More from these topics:

• California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes, Dec. 15, 2021. Juvenile Offenses/Offenders, Prior Felony Information, Relevant Conduct.
• Pennsylvania Supreme Court: Illegal Juvenile LWOP Sentence Undermined Validity of Later Conviction, Dec. 1, 2021. U.S. Sentencing Guidelines, Juvenile Offenses/Offenders, Probation, Parole & Supervised Release.
• Ohio, Now 24th State to End LWOP for Juveniles, Oct. 15, 2021. U.S. Sentencing Guidelines, Juvenile Offenses/Offenders.
• Study: Innocent Children Likely to Plead Guilty, Sept. 15, 2021. Disabled Prisoners, Juvenile Offenses/Offenders, Plea Bargaining.
• Michigan Moves to Restrict Shackling of Juveniles in Court, Aug. 4, 2021. Juvenile Offenses/Offenders, Shackles.
• Decades of Data Link Juvenile Lead Exposure and Criminal Behavior, July 15, 2021. Juvenile Offenses/Offenders.
• Tennessee Juvenile Murderer’s Sentence Commuted, Jan. 1, 2021. U.S. Sentencing Guidelines, Resentencing, Juvenile Offenses/Offenders.
• Sixth Circuit Upholds Summary Judgment Against 14-Year-Old Mentally Ill Pretrial Detainee, Raped by Guard in Solitary, May 21, 2020. Sexual Assault, Medical, Control Units/SHU/Solitary Confinement, Mental Health, Juvenile Offenses/Offenders.
• Sealed Records Open for View, April 15, 2020. State Legislation, Expungement/Removal, Juvenile Offenses/Offenders.
• U.S. v. Miguel, No. 01-10538 (9th Cir.) (338 F.3d 995) (July 23, 2003) (Judge Thomas G. Nelson), July 1, 2003. Punch And Jurists, Juvenile Offenses/Offenders.