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 John W. Whitehead, Nisha 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. North Dakota Supreme Court Holds Attempted Knowing Murder Is Non-Cognizable, by Matthew Clarke
21. Massachusetts Supreme Court Revisits Lougee and Announces Framework for Determining When Pretrial Detention Prolonged Due to COVID Violates Due Process, by Douglas Ankney
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. California Town Pays $6 Million to Family of Mentally Ill Man Tasered by Cop
34. 11th Circuit: District Court Must Demonstrate It Considered § 3553(a) Factors When Denying Motion for Compassionate Release, by Douglas Ankney
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 David Reutter:

• Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026
• Nevada Prisoners, Families Call Out Predatory Tablet Program, Sept. 1, 2026
• Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026
• Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026
• Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
• Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
• Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
• Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
• Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
• Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026

More from these topics:

• 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. Deportation/Removal/Exclusion, Awareness of Consequences, Knowingly and Voluntarily Made, Grounds For Withdrawal.
• SCOTUS Announces Appeal Waivers in Plea Agreements Unenforceable When Enforcement Would Produce a Miscarriage of Justice, Adopting Majority Circuit Approach, July 1, 2026. Involuntary Treatment/Drugging, Knowingly and Intelligently, Preservation of Appellate Rights/Issues, Special Conditions, Knowingly and Voluntarily Made, Validity of.
• Supreme Court of Appeals of West Virginia Announces Six-Factor Test for Evaluating Presentence Motions to Withdraw Guilty Pleas Under Rule 32(e), Holds Binding Plea Agreement Does Not Extinguish Defendant’s Ability to Seek Withdrawal, July 1, 2026. Knowingly and Voluntarily Made, Withdrawal, Grounds For Withdrawal, Acceptance/Rejection by the Court, Validity of.
• Minnesota Supreme Court Announces Heightened Voluntariness Inquiry Required for Contingent Guilty Pleas and Holds Plea Withdrawal Is the Proper Remedy When District Court Fails to Probe Coercion Risk, June 1, 2026. Failure to Object, Knowingly and Voluntarily Made, Grounds For Withdrawal, Acceptance/Rejection by the Court.
• Colorado Limits the Use of Faulty Field Drug Tests, May 1, 2026. Forensic Sciences, Drugs - Determination of, Evidence - Integrity/Reliability of, Drug Laws/Offenses, Knowingly and Voluntarily Made.
• Ninth Circuit Remands California Prisoner’s Case in which No Contest Plea Was Admitted as Evidence of Guilt, Dec. 1, 2025. 42 U.S. Code § 1983, civil action for deprivation of rights, Favorable Disposition, Evidence - Admissibility, Admissions, Knowingly and Voluntarily Made.
• California Court of Appeal Reverses Superior Court’s Denial of Motion to Vacate Conviction Where Defendant Established His Failure to Understand the Immigration Consequences of Plea, Oct. 15, 2025. Mental Health, Failure to Address/Advise Defendant, Aggravated Felony, Asylum, Knowingly and Voluntarily Made.
• Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or Plea Hearing, Feb. 1, 2025. Counsel - Right to, Knowingly and Voluntarily Made.
• Mississippi Supreme Court: Defendant’s Guilty Plea Not Knowing and Voluntary Because He Was Not Informed of His Habitual Offender Status, Dec. 1, 2024. Resentencing, De Facto Career Offender, Knowingly and Voluntarily Made.
• Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary, Aug. 1, 2024. Juries - Fair and Impartial, Racial Bias Exception, Knowingly and Voluntarily Made.