More from this issue:

1. Speed Trap Gold Mine, by Jayson Hawkins
2. Indirect DNA Transfer Can Result in Miscarriages of Justice, by David Reutter
3. Manhattan DA Launches Conviction Review Unit, by Jayson Hawkins
4. New Jersey Supreme Court Announces Framework for Determining Constitutionality of Warrantless Protective Sweep of Home Where Arrest Is Made Outside the Home, by Douglas Ankney
5. SCOTUS Holds AEDPA’s Restrictions on Habeas Relief Trump Federal Courts’ Authority Under All Writs Act, by Dale Chappell
6. FBI Gets New Mass Surveillance Tool, by Jayson Hawkins
7. Federal Habeas Corpus: Taking an Appeal After the Denial of Habeas Relief, by Dale Chappell
8. 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, by Richard Resch
9. How Many Federal Crimes Are There?, by Casey Bastian
10. Vaccine Passports Raise Privacy Issues and Create a Class of Undesirables, by David Reutter
11. First Circuit: Procedurally Unreasonable for District Court to Base Upward Variance on Defendant’s Prior Arrests, by Douglas Ankney
12. SCOTUS Holds Attempted Hobbs Act Robbery Not a ‘Crime of Violence’ Under a § 924(c)(3)(A), by Dale Chappell
13. Outdated Wiretap Law Gives Feds Easy Access to Metadata, by Anthony Accurso
14. Law Enforcement Refuse to Admit Most Forensic Science Is Junk Science, by Casey Bastian
15. California Court of Appeal: Exclusion of Expert Witness at SVP Trial as Remedy for Discovery Violation Constitutes Denial of Constitutional Due Process, by David Reutter
16. California Court of Appeal: Assembly Bill 124 Applies Retroactively and Includes Psychological Trauma Based Upon Mental Illness as Mitigating Factor Under § 1170(b)(6), by Harold Hempstead
17. Sixth Circuit Announces Full, Unconditional Pardon, Regardless of Issue of Innocence, Meets Heck Requirement of Invalidated Conviction; § 1983 Claims May Be Pursued, by Harold Hempstead
18. FBI Forces Suspect to Unlock Messaging App Using FaceID, by Anthony Accurso
19. Colorado Supreme Court Announces Courts Not Required to Address All 11 Brown Factors in Ruling on Defendant’s Motion for Continuance to Change Counsel, by Harold Hempstead
20. California Court of Appeal: New Law Requiring Bifurcated Trial on Gang Enhancements Applies Retroactively, by David Reutter
21. New Jersey Supreme Court Announces ‘Non-Transparent’ for Purposes of Tinted Window Violation Justifying Traffic Stop Means Front Windows Dark Enough That Police Can’t Clearly See People or Items Inside Vehicle, by Anthony Accurso
22. SCOTUS Announces Judge’s Error of Law Constitutes ‘Mistake’ for Purposes of Reopening a Case Under Federal Rule of Civil Procedure 60(b)(1), by Dale Chappell
23. Sixth Circuit: Government Cannot Withdraw Consent to Lesser Included Charge After Defendant Pleaded Guilty but Court Reject Plea Agreement, by David Reutter
24. New Jersey Supreme Court: Defendant Did Not Voluntarily Waive Privilege Against Self-Incrimination Because Police Persistently Contradicted and Undermined Significance of Miranda During Interrogation, by Richard Resch
25. Connecticut Supreme Court Announces Trial Courts, Prospectively, Must Canvass Defendants Who Seek to Waive Right to Testify to Ensure Waiver Is Made Knowingly, Intelligently, and Voluntarily, by Anthony Accurso
26. Missouri Supreme Court: Defendant Entitled to ‘Castle Doctrine’ Jury Instruction Even Though Assailant Not Unlawfully in Vehicle at Very Moment of Use of Deadly Force, by Harold Hempstead
27. Minnesota Supreme Court Announces Expanding Scope of Traffic Stop to Investigate Occupant’s Pretrial Release Conditions Violates Minnesota Constitution, by Douglas Ankney
28. Sixth Circuit Reverses Denial of First Step Act Relief Because Sentence Imposed Is Substantively Unreasonable, by Douglas Ankney
29. San Francisco DA’s Inaugural Innocence Commission Frees Its First Victim of Wrongful Conviction, by Keith Sanders
30. Inextricably Intertwined: The Practice of Negotiated Pleas and the Rise of Mass Incarceration in America, by Casey Bastian
31. News in Brief
32. Use of Death Penalty Continues to Decline in the U.S., by Douglas Ankney
33. $670,000 Awarded to Use Virtual Reality to Evaluate Eyewitness Accuracy, by Jacob Barrett

More from David Reutter:

• Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
• ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
• First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
• Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
• The Murky Waters of Parole, Feb. 1, 2025
• California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
• Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
• Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
• In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
• Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024

More from these topics:

• Fifth Circuit Announces Definition of ‘Controlled Substance’ in Effect at Time of Current Sentencing Applies for Purposes of Career-Offender Enhancement, Not Definition at Time of Prior Sentencings, March 15, 2025. Controlled Substances, Career Offenders, Sentence Enhancements/Departures.
• California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed, March 15, 2025. Battered Child/Spouse Evidence, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation.
• 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.
• California Court of Appeal Strikes Prison Prior Enhancement for Invalid Predicate Offense Under § 1172.75 Despite Concurrently Served Valid Predicate, Feb. 1, 2025. Sentence Enhancements/Departures, Predicate Acts/Offenses, Concurrent and Consecutive Sentences.
• Ninth Circuit Announces California Assault With Deadly Weapon Conviction Not ‘Crime of Violence’ for Career Offender Enhancement Under Sentencing Guidelines, Feb. 1, 2025. Career Offenders, Gun Laws/Crimes, Sentence Enhancements/Departures.
• Ninth Circuit Announces ‘Hate Crime’ Sentence Enhancement Under Guidelines § 3A1.1(a) Requires Finding Defendant Motivated by Hate or Animus, Feb. 1, 2025. Hate Crimes, Sentence Enhancements/Departures, Evidence - Admissibility.
• California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing, Dec. 1, 2024. U.S. Sentencing Guidelines, Resentencing, Sentence Enhancements/Departures.
• California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393, Sept. 1, 2024. Sentence Enhancements/Departures, Computer Use Enhancement, Public Safety Exception, Presumption of Dangerousness.
• Federal Sentencing Guidelines Undergo Substantial Amendments, Jan. 15, 2024. U.S. Sentencing Guidelines, First Step Act, Violence Against Women Act, Criminal History, Qualifying Offenses, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation, Sexual Exploitation of Minors, Federally Protected Rights, Sexual Conduct with Minors, Sentences - Authorized, Safety Valve, Acceptance of Responsibility, Preservation of Judicial Resources, Legal or Factual Challenges - assertion of.
• First Circuit: Justification for Upward Sentencing Departure Following Supervised Release Revocation Must Be Ade-quately Explained, Dec. 15, 2023. Sentence Enhancements/Departures, Probation, Parole & Supervised Release.