More from this issue:

1. The Clash Between Closed-Source Forensic Tools and the Confrontation Clause, by Anthony Accurso
2. Make Way for the Snitch State The All-Seeing Fourth Branch of Government, by Nisha Whitehead, John W. Whitehead
3. Massachusetts Supreme Judicial Court: Withholding Exculpatory Statement Change by Key Witness Constitutes Brady Violation, Requiring New Trial, by Matthew Clarke
4. Qualified Immunity Driven by Irrational Fear of Cops Being Held Personally Liable, by Dale Chappell
5. Wyoming Supreme Court: Fleeing Into Home After Traffic Offense Not Exigent Circumstance Justifying Warrantless Entry, by Anthony Accurso
6. SCOTUS: § 2(a) of Fair Sentencing Act Modifies Statutory Penalties Only for Subparagraphs (A) and (B) of 21 U.S.C. § 841(b)(1)— the Mandatory-Minimum Provisions, by Douglas Ankney
7. SCOTUS: ‘Exceeds Authorized Access’ Under the CFAA Means Accessing Areas of Computer That Are Off-Limits on Computer Otherwise Authorized to Access, by Douglas Ankney
8. Fourth Circuit: Sentence Vacated for Failure to Properly Analyze Leadership Role Factors, by Anthony Accurso
9. Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility, by Dale Chappell
10. Hawaii Supreme Court: Trial Counsel Must Inform Defendant That Deportation ‘Will Be Required’ for Plea to Aggravated Felony, IAC for Advising Deportation ‘Almost Certain’, by David Reutter
11. Study: Innocent Children Likely to Plead Guilty, by David Reutter
12. Fourth Circuit: District Court Must Recalculate Guidelines Sentencing Range and Conduct Analysis of § 3553(a) Factors Even if Same Sentence Would Be Imposed Under First Step Act, by Dale Chappell
13. "Sixth Circuit Grants Habeas Relief Because Trial Judge Redacted Key Portion of Witness’ Testimony Presented to Jury in Violation of Confrontation Clause", by Dale Chappell
14. JusticeText Software Helps Defense Attorneys Review Audiovisual Evidence, by Anthony Accurso
15. Seventh Circuit Finds Lack of Evidence, Grants Habeas Relief, and Orders ‘Immediate Release’, by Dale Chappell
16. Ninth Circuit: IAC Under Strickland Satisfies Rhines’ ‘Good Cause’ Standard to Stay Federal Habeas Petition, Allowing Exhaustion of State Court Remedies, by Dale Chappell
17. Wisconsin Supreme Court: Officer’s Retention of Driver’s License Without Reasonable Suspicion to Delay Until Arrival of Drug Dog Constitutes Unlawful Seizure, by Anthony Accurso
18. Tenth Circuit: Warrant Authorizing Search for Items ‘Involved in Crime’ Violates Fourth Amendment’s Particularity Requirement, Not Saved by Doctrine of Severability, by Anthony Accurso
19. The Legacy of Len Bias, by Jayson Hawkins
20. Massachusetts Supreme Court Revisits Lougee and Announces Framework for Determining When Pretrial Detention Prolonged Due to COVID Violates Due Process, by Douglas Ankney
21. North Dakota Supreme Court Holds Attempted Knowing Murder Is Non-Cognizable, by Matthew Clarke
22. California Court of Appeal: § 1170.95(e) Permits Trial Courts to Redesignate More Than One Underlying Felony in Resentencing Vacated Felony-Murder Conviction, by Douglas Ankney
23. North Carolina Court Rules That Felons Not in Prison Must Be Allowed to Vote, by Chuck Sharman
24. Seventh Circuit: Prosecutor’s Comments Not Supported by Evidence Denied Defendant Fair Trial, Affirms Habeas Relief, by Dale Chappell
25. Arizona Supreme Court: Trial Courts Have Broad Discretion to Disqualify Entire Prosecutor’s Office Based on Appearance of Impropriety, by Douglas Ankney
26. Mississippi Supreme Court: Failure to Timely File Motion to Suppress Confession Obtained as Result of Police Threats and Promises Constitutes Ineffective Assistance of Counsel, by Matthew Clarke
27. Federal Judge: ‘Offense of Conviction’ Under Guidelines Excludes Relevant Conduct for Sentencing, by Dale Chappell
28. Indiana Supreme Court Applies Recently Announced Proportionality Framework for In Rem Fines and Holds Forfeiture of $35,000 Land Rover Grossly Disproportionate to Underlying Offense in Violation of Eighth Amendment, Ending 7-Year Saga, by Douglas Ankney
29. Putting Police Use of Spy Tech Under Community Control, by Anthony Accurso
30. Seventh Circuit: Cronic Doesn’t Provide Exclusive Situations for its Application, Finds Attorney Abandonment at Sentencing Despite Counsel Being Physically Present, by Dale Chappell
31. Law Enforcement Underwhelmed by Clearview AI, by Anthony Accurso
32. Study Finds Lack of Uniformity in New DNA Technology, by Jayson Hawkins
33. 11th Circuit: District Court Must Demonstrate It Considered § 3553(a) Factors When Denying Motion for Compassionate Release, by Douglas Ankney
34. California Town Pays $6 Million to Family of Mentally Ill Man Tasered by Cop
35. Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes, by Douglas Ankney
36. California Supreme Court Announces Predicate Offenses for Gang Enhancement or Gang Participation Not Provable Using Expert Witness Testimony Without Personal Knowledge of Facts, by Matthew Clarke
37. Newark Police Didn’t Discharge a Single Firearm in 2020, and the Crime Rate Fell, by Jayson Hawkins
38. SCOTUS Reinstates Death Sentence Reversed by Eleventh Circuit, by Matthew Clarke
39. Study Finds Interactive Lineup Improves Accuracy of Eyewitness Identification, But Does It Also Increase Likelihood of False Identifications?, by Matthew Clarke
40. FBI Fails to Track Police Use of Force, by Jayson Hawkins
41. Concealed Exculpatory Evidence and New Palm Print Evidence Frees Wrongfully Convicted Man After 21 Years in Prison, by Douglas Ankney
42. News in Brief

More from Douglas Ankney:

• Third Circuit Upholds Award of $265,000 to Prisoner 
Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025
• Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025
• $340,000 for Former Massachusetts Prisoner 
Whose Baby Was Stillborn, July 15, 2025
• New Jersey Supreme Court Refuses Guard’s Challenge to Firing 
for Failing to Report Kiss with Prisoner, July 15, 2025
• New York City Loses Bid to Withhold Jail Records, July 15, 2025
• Eleventh Circuit Announces New Deliberate Indifference 
Framework in Dismissing Georgia Prisoner’s Claim 
for Skipped Anti-Seizure Meds, July 15, 2025
• Washington Jail Settles DOJ Allegations of ADA Noncompliance 
in Failure to Treat Opioid Use Disorder, July 15, 2025
• Ohio Supreme Court Says Sheriff Must Get and Disclose 
Records of Private Contractors, July 15, 2025
• Third Circuit Rejects U.S. Sentencing Commission 
Amended Compassionate Release Policy, July 15, 2025
• South Carolina Prisoners Granted Class-Action Status in Suit 
Over Low Wages in Prison Industries Jobs, July 15, 2025

More from these topics:

• Third Circuit: No ‘Constructive Possession’ of Firearm Discovered in Trunk of Vehicle Six Months After Defendant’s Arrest, 
During Which Time He Was Incarcerated and Vehicle Impounded in Tow Lot Whose Sole Security Feature Was a Locked Gate, July 1, 2025. Preponderance of the Evidence Standard, Possession or Use of Firearms, Collective Knowledge Doctrine.
• California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025. Prison Gangs, Kidnapping, Abduction or Unlawful Restraint, Insufficiency of the Evidence, Sentence Enhancements/Departures, Gang Membership.
• Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024. U.S. Sentencing Guidelines, Possession or Use of Firearms, Vicarious Liability, Safety Valve.
• Fourth Circuit Reinstates HRDC’s RICO Claim Against Securus and ViaPath, May 1, 2024. RICO, Telephone Rates, Civil RICO, HRDC Litigation, Securus, Global Tel*Link Corp.
• Former Supervisor of D.C. Metro PD Intelligence Indicted for Tipping off Leader of Proud Boys About Impending Arrest, June 23, 2023. Gang Policies, Police/Govt Misconduct, Gang Membership.
• L.A. County Sheriff’s Deputy Who Sued Over Presence of ‘The Executioners’ Deputy Gang Is Member of Another Deputy Gang Called ‘The Gladiators’, June 21, 2023. Gang Policies, Excessive Force (Police), Gang Membership.
• Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions, June 15, 2023. Firearms Owners' Protection Act, Possession or Use of Firearms, Knowingly and Voluntarily Made.
• Dozens of LA Sheriff’s Deputies Suspected of Gang Membership Ordered to Show Gang Tattoos and Snitch on Fellow Cops, May 22, 2023. Gang Policies, Police, Gang Membership, Tattoo Evidence.
• California Court of Appeal: Kill-Zone Theory Principles Articulated in Canizales Are Retroactive to Judgments That Were Final at Time of Decision, Jan. 15, 2023. junk science, Gang Membership.
• First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Offense Insufficient, Aug. 15, 2022. Possession or Use of Firearms, Knowingly and Voluntarily Made.