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 Outdated Wiretap Law Gives Feds Easy Access to Metadata, by Anthony Accurso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 Richard Resch:

• From the Editor, Dec. 15, 2024
• New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense, June 15, 2024
• SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024
• Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, March 15, 2024
• New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, March 15, 2024
• First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, Jan. 15, 2024
• Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired, Dec. 15, 2023
• Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023
• Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, Nov. 1, 2023
• New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework, Oct. 1, 2023

More from these topics:

• 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.
• First Circuit: Defendant Did Not Understand Consequences of Guilty Plea Because District Court and Counsel Led Him to Reasonably Believed Plea Agreement Would Result in Sentence Below Applicable Mandatory Minimum, June 15, 2024. Consequences of Plea, Awareness of Consequences, Credits, Knowingly and Voluntarily Made.
• Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024. Juries - Fair and Impartial, Impartial Jury, Fair Cross Section Requirement, Consequences of Plea, Misleading Advice/Statements to Defendant, Knowingly and Voluntarily Made.
• 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: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, March 15, 2024. Police Misconduct, Police/Govt Misconduct, Plea Bargaining, Evidence - Destruction/Fabrication/Manipulation of, Knowingly and Voluntarily Made.
• New Mexico Supreme Court Announces Trial Courts Retain Common Law Jurisdictional Authority to Correct Illegal Sentences, Allows Defendant to Withdraw Plea After Sentence Correction Involving Additional Parole Time, Nov. 1, 2023. Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release, Knowingly and Voluntarily Made.
• 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.
• Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty Plea, April 15, 2023. Procedural Default/Error, Conspiracies, Attempts, Solicitations, Knowingly and Voluntarily Made.