More from this issue:

1. A Guide to Getting the Most Out of a Plea Bargain, by Jacob Barrett
2. Second Circuit: District Court Required to Explain Rationale for Reducing Sentence to ‘Time Served’ Under First Step Act but Refused to Reduce Supervised Release Portion of Sentence Despite Being Longer Than New Mandatory Minimum, by Dale Chappell
3. What You Need to Know Before Contacting a Conviction Integrity Unit, by Marissa Boyers Bluestine, Kia Hall Hayes
4. Study Examines the ‘Black Box’ of Prosecutorial Charging and Plea Bargaining Discretion, by David Reutter
5. Man Rejects Plea Deal and Is Sentenced to 110 Years in Colorado Prison for Doing So, by Ashleigh Dye
6. Systematic Lying in Plea Bargaining Is a Feature, Not a Flaw, by David Reutter
7. Iowa Supreme Court Clarifies When Forensic Interviews of Child Complaining Witnesses Are Admissible, by Douglas Ankney
8. Sixth Circuit: Government Violated Plea Agreement by Arguing for Sentence Exceeding Guidelines Range, Despite Promise Not to ‘Suggest in Any Way’ Variance Is Appropriate, by David Reutter
9. Tenth Circuit: Where Defendant Actually Sentenced to Drug Treatment and Probation Rather Than 28-32 Months in Prison as Per State Sentencing Guidelines, Conviction Can’t Serve as Predicate ‘Felony’ for 18 U.S.C. § 922(g)(1), by Dale Chappell
10. ACLU Report Suggests Disturbing Pattern of Police Surveilling Protests to Identify People Peacefully Protesting Police Brutality
11. Plea Bargaining: An Illegitimate System to Administer Justice?, by David Reutter
12. First Circuit: Appellate Counsel’s Failure to Raise Brady Claim on Direct Appeal Constituted Ineffective Assistance of Counsel Under Strickland, § 2255 Motion Granted, by Anthony Accurso
13. Ending Eyewitness Memory Contamination, by Matthew Clarke
14. Iowa Supreme Court Reverses Conviction Where Prosecutor Allowed to Amend Trial Information at Trial to Charge a ‘Wholly New and Different Offense’, by David Reutter
15. Fourth Circuit: Bodily Injury Sentence Enhancement for Robbery Inapplicable Where Victim Sustained ‘Momentary’ Injury and Sought ‘Precautionary’ Medical Treatment, by Jacob Barrett
16. Texas Court of Criminal Appeals: Trial Court Did Not Abuse Discretion by Granting Rule 508 Motion to Dismiss Capital Murder Charge Where State Refused to Disclose Identity of Confidential Informant, by Douglas Ankney
17. Vermont Supreme Court Announces Rule 12.1 Doesn’t Require Notice of Diminished Capacity Defense When Expert Testimony Won’t Be Used, by Matthew Clarke
18. California Court of Appeal: Hearing on Discretionary Resentencing Under §1170.91(b)(1) for U.S. Servicemembers Requires Only That Petition Allege Defendant ‘May’ Be Suffering From a ‘Qualifying Condition’, by Douglas Ankney
19. Fifth Circuit: Aggravated Assault in Texas Does Not Qualify as Aggravated Felony Under 8 U.S.C. § 1326(b)(2), Reentry With Prior Aggravated Felony, by Jacob Barrett
20. Massachusetts Supreme Court: Prosecution Failed to Prove Defendant Knowingly, Voluntarily, and Intelligently Waived Right to Counsel After Having Asked for Lawyer Earlier But Officer Continued to Engage in ‘General’ Talk for Nearly 45 Minutes, by Anthony Accurso
21. Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’, by David Reutter
22. A ‘Lucky’ Exoneration in Syracuse, by Jayson Hawkins
23. Ninth Circuit Announces Irizarry Didn’t Eliminate Wise Requirement That Sentencing Court Provide Notice of Special Conditions of Supervised Release Prior to Imposing Sentence, by Matthew Clarke
24. Maryland Prosecutor Covers for FBI Agent’s Lies in Defense of Junk Science, by Jayson Hawkins
25. SCOTUS Rejects ‘Opening the Door’ Rule to Correct ‘Misleading Impression’ as Exception to Confrontation Clause Allowing Admission of Unconfronted Testimonial Hearsay, by Richard Resch
26. North Dakota Supreme Court Suppresses Evidence Found in Passenger’s Backpack Located Outside Vehicle When Drug-Detection Dog Alerted to Presence of Drugs Inside Vehicle, by Anthony Accurso
27. Fear and Freedom Twenty Years Later: How Post 9/11 Security Measures Overstepped Privacy, by Ashleigh Dye
28. FBI Program Surveils Subject for 24 Days Using Spy Planes, by Anthony Accurso
29. California Court of Appeal Announces Suffering From a Nonqualifying Mental Disorder While Also Suffering From a Qualifying Disorder Does Not Bar Eligibility for Mental Health Diversion Under § 1001.36, by Anthony Accurso
30. Google Confirms Increasing Police Reliance on Geofence Warrants, by Anthony Accurso
31. Pandemic Pressures Defendants into False Guilty Pleas, by David Reutter
32. Search Your Constitution in Vain for the Fourth Amendment—the DOJ Seized It (Stealthily), by Douglas Ankney
33. NYPD Using Secret Money for Surveillance Tech, by Anthony Accurso
34. Dangers of Data Gathering by Los Angeles Police Department, by Edward Lyon
35. Geofencing Warrants Are Putting Civil Rights and Free Speech in Jeopardy, by Dale Chappell
36. Oregon Bans Police Lying to Obtain Confessions from Juveniles, by Jacob Barrett
37. Police Disparage Philadelphia Citizenry with False Report That SEPTA Riders Stood Idle While Passenger was Raped, by Douglas Ankney
38. ‘Possible Cause’ Is All That’s Needed for Geofence Warrants, by Douglas Ankney
39. News in Brief

More from Matthew Clarke:

• Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026
• Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026
• Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026
• Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026
• Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026
• Federal Court Orders Texas to Admit Incompetent Jailed Defendants to Mental Health Facilities Within 21 Days, Oct. 1, 2026
• Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
• Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
• New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
• DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026

More from these topics:

• 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.
• Fourth Circuit Announces Defendant Has Standing to Appeal Based Solely on Rogers–Singletary Claim of a “Material Discrepancy Between” Written and Orally Articulated Judgment at Sentencing, May 1, 2026. Failure to Object, Appealable Issues/Orders, Warrantless Searches, Reasonable Suspicion, Special Conditions.
• California Supreme Court: Defendant Has Due Process Right to Notice of Prosecution’s Election to Seek Enhanced Sentence in Order to Make Key Decisions About Defense, June 15, 2024. Notice - Adequacy of.
• New York Court of Appeals: Call Intercepted on Wiretap Not Exempt From Statutory Notice Requirements Simply Because Same Call Captured on Separate, Consensual Recording by Jail, Sept. 1, 2023. Notice - Adequacy of, Evidence - Admissibility/Exclusion of.
• Illinois Supreme Court Orders State DOC to Fund Required Treatment and Housing for Sex Offender’s Conditional Release, March 1, 2023. Sex Offender Treatment, housing, Special Conditions.
• Tenth Circuit Vacates Special Conditions of Supervised Release Where District Court Failed to Make Appropriate Findings and Provide Adequate Explanation, June 15, 2022. Special Conditions.
• Fourth Circuit Grants Qualified Immunity to Prison Official Who Gave Prisoner No Notice Before Hearing That Resulted in Transfer to Security Detention, Feb. 1, 2022. Retaliatory Transfers, Immunity - Absolute and Qualified, Notice - Adequacy of.
• Fourth Circuit: Sentencing Procedurally Unreasonable Where Special Condition Not Explained and Mitigation Argument Not Addressed, Aug. 15, 2020. Special Conditions, Failure to Explain, Drug Treatment Program.
• Fourth Circuit: Standalone Rehaif Error Requires Automatic Vacatur of Guilty Plea, June 15, 2020. Notice - Adequacy of, Effect of Vacatur.
• U.S. v. Dupes, No. 05-5522-cr(L) (2nd Cir.) (513 F.3d 338) (January 9, 2008) (Judge John F. Keenan), March 1, 2008. Punch And Jurists, Special Conditions.