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 Anthony Accurso:

• The Systematic Terror of Rankin County’s “Goon Squad”, May 1, 2026
• Virginia Prisoners Stuck Waiting for Education Programs, Feb. 1, 2026
• $939,000 for Nevada Prisoner Left in Wheelchair by Delayed Back Pain Treatment, Jan. 1, 2026
• Ninth Circuit Affirms Exclusion of Plea Agreement’s Factual Basis, Holding Unaccepted “Type A” Plea Agreement Unenforceable to Trigger Waiver of Rule 410 Protections, Dec. 15, 2025
• America’s Deadliest Jails: Tarrant County Edition, Nov. 1, 2025
• Seventh Circuit Dismisses Jail Detainee Suicide Case for Lack of Showing Deliberate Indifference, Nov. 1, 2025
• Protecting Your Digital Privacy, Oct. 15, 2025
• Idaho Supreme Court Announces Warrantless Search of Civilly Committed Individual Violates Fourth Amendment, Oct. 15, 2025
• Michigan Supreme Court Announces Guidance on Standards for Search Warrants of Cellphones to Satisfy Particularity Requirement of Fourth Amendment That “Reasonably Direct” Search to Uncovering Evidence of Criminal Activity Identified in Warrant, Oct. 15, 2025
• Sixth Circuit: Erlinger Error Requires Resentencing Where Government Cannot Prove Beyond Reasonable Doubt That Jury Would Find Prior Offenses Committed on Different “Occasions”, Oct. 15, 2025

More from these topics:

• Hawai’i Supreme Court Announces Totality-of-the-Circumstances Good-Cause Standard Governing State Motions to Continue Based on Witness Unavailability, Aug. 1, 2026. Motions To Suppress, Speedy Trial Clock - Tolling of, Periods of Delay, Excludable Time.
• Supreme Court of Maryland Holds Officer Lacked Reasonable Suspicion for Traffic Stop Based on Acquaintance’s Tip Reporting Innocent Conduct, Reaffirming That “High-Crime Area” Testimony Must Be Particularized, July 1, 2026. Traffic stop, Motions To Suppress, Informants and Paid Witnesses, Reasonable Suspicion, Terry Stops.
• Hawai’i Supreme Court Holds Trial Court Failed to Consider HAWJIC 3.19A Factors and “Effect of Suggestiveness on Reliability” When Evaluating Field Show-Up Identifications, July 1, 2026. witness misidentification, Motions To Suppress, Evidence - Integrity/Reliability of, Suppression of Identity Evidence, Eyewitness Identification.
• California Court of Appeal: Vehicle Impoundment Solely to Prevent Further Unlicensed Driving Does Not Satisfy Fourth Amendment’s Community Caretaking Exception; Statutory Authorization Alone Insufficient to Establish Constitutional Reasonableness, June 1, 2026. Warrantless Searches, Motions To Suppress, Searches - Inventory, Community Caretaking Exception/Doctrine, Seizure.
• Massachusetts Supreme Judicial Court Announces Totality-of-the-Circumstances Framework for Evaluating Delayed Traffic Stops Under Article 14, Holding 24-Hour Gap Between Observed Infraction and Vehicle Stop Was Unreasonable, June 1, 2026. Motions To Suppress, State Constitutional Claims, Seizure, Pretextual Stops, Traffic Stops.
• Fourth Circuit Holds Officer’s Firearms Questioning at Outset of Traffic Stop Exceeded Permissible Scope Where Officer Abandoned Stop’s Purpose From Inception and Totality of Circumstances Did Not Support Officer-Safety Justification, May 1, 2026. Motions To Suppress, Reasonable Suspicion, Traffic Stops, Suppression, Scope of Permissible Searches.
• Fifth Circuit Announces Long Vehicle Protective-Search Exception Requires Contemporaneous Facts Demonstrating Third Party’s Potential Dangerousness Before Warrantless Vehicle Search Is Permissible, March 1, 2026. Warrantless Searches, Exception to Warrant Requirement, Motions To Suppress, Searches - Automobile, Reasonable Suspicion.
• Supreme Court of Maryland Announces Police Officer’s Observation of Driver Manipulating Cellphone Screen Does Not, Without Additional Facts, Establish Reasonable Suspicion for Traffic Stop Under Fourth Amendment, Feb. 1, 2026. Cell-Phones, Motions To Suppress, Reasonable Suspicion, Traffic Stops, Terry Stops.
• SCOTUS Clarifies Emergency-Aid Home Entries Require Only an “Objectively Reasonable Basis for Believing” an Occupant Faces Serious Danger, Rejecting a Probable-Cause Standard and Montana’s Terry-Like Caretaker Test, Feb. 1, 2026. Fourth Amendment, rights, Probable Cause, Exigent Circumstances, Warrantless Searches, Motions To Suppress.
• Ninth Circuit Announces Abandonment Doctrine Applies to Cellphones but Courts Must Analyze Intent to Abandon Device Separately From Intent to Abandon Data, Dec. 15, 2025. Fourth Amendment, rights, Cell-Phones, Motions To Suppress, Digital Devices, Seizure.