More from this issue:

1. A House Built on Discriminatory Sand, by Anthony Accurso
2. Jury Nullification: The People’s Tool Against Bad Laws and Bad Legal Actors, by J.D. Schmidt
3. New RECOVER Fingerprint Technology Used to Solve 1983 Cold Case, by Casey Bastian
4. Federal Habeas Corpus: Post-Filing Procedures in Seeking Habeas Relief, by Dale Chappell
5. Excited Delirium—the Diagnosis That Doesn’t Exist, by Brooke Kaufman
6. New York Court of Appeals: Frye Hearing Required to Determine Admissibility of DNA Evidence Generated by Proprietary Forensic Statistical Tool, by Douglas Ankney
7. Use of Controversial Phone-Cracking Tool Is Spreading Across Federal Government, by Mara Hvistendahl, Sam Biddle
8. California Court of Appeal: Trial Court Must Receive Parole Agency’s Written Report Before Ruling on Parole Revocation Petition for Lifetime Parolee Despite Remand to Prison Being Mandatory, by Douglas Ankney
9. Michigan Supreme Court: IAC Where Defense Counsel Failed to Request Instruction on Defense-of-Others for Nonassaultive Offense of Home Invasion, Orders New Trial, by David Reutter
10. West Virginia Supreme Court: Defendant Who Provided False Information to Detective Who Failed to Identify Himself as Police Officer Has No Duty to Cure False Statement Upon Learning Detective Is a Police Officer, by Douglas Ankney
11. Maine Now Requires Criminal Conviction Before Property May Be Forfeited, by Douglas Ankney
12. Tenth Circuit: Judgment of Conviction Becomes Final for § 2255 SOL Purposes Upon Conclusion of Direct Review of Deferred Restitution, by Douglas Ankney
13. New Hampshire Supreme Court: Warrant Required to Enter Walled-In Porch Attached to Mobile Home, by Anthony Accurso
14. Second Circuit: Multi-Object Drug Conspiracy Involving Crack and Other Drugs Eligible for First Step Act Relief, by Dale Chappell
15. Sixth Circuit: No Abuse of Discretion in U.S. District Courts Imposing Habeas Remedy Different Than That Required Under State Law, by Dale Chappell
16. Book Review: ‘The PLRA Handbook: Law and Practice Under the Prison Litigation Reform Act’ by John Boston, by Matthew Clarke
17. SCOTUS Announces § 1983 Malicious Prosecution Claim’s ‘Favorable Determination’ Requirement Satisfied by Showing Prosecution Ended Without a Conviction, by Richard Resch
18. Minnesota Supreme Court: Depraved-Mind Murder Requires Mental State of Generalized Indifference to Human Life, Which Cannot Exist Where Defendant Kills With Particularity, by Douglas Ankney
19. Sixth Circuit: Evidence Withheld by Prosecutor Opens Door for Successive Habeas Petition, by Dale Chappell
20. Martinsville Seven Pardoned 70 Years After Execution, by Anthony Accurso
21. SCOTUS Adds Extra Obstacle to Federal Habeas Relief for State Prisoners, Ruling Both Brecht and the AEDPA Must Be Satisfied, by Dale Chappell
22. Pennsylvania Supreme Court Announces Smell of Marijuana Alone No Longer Establishes Probable Cause to Conduct Warrantless Vehicle Search, by Douglas Ankney
23. ABA Says Oregon Needs 1,296 More Public Defenders, by Mark Wilson
24. New Yorkers With Criminal Record Struggle for Approval to Rent Homes, by Ashleigh Dye
25. Idaho Supreme Court Announces Prospectively Testimony by Drug Recognition Expert Requires State to Comply With Expert Witness Disclosure Requirements of Rule 16(b)(7), by Douglas Ankney
26. Filmmaker Got Back His $69,000 ‘Stolen’ by DEA Agent, Plus a $15,000 Settlement, by Harold Hempstead
27. California Court of Appeal: Trial Court’s Dismissal of Charge Based on Express Statement of ‘Insufficient Evidence’ Is Equivalent to Acquittal for § 1170.95 Resentencing, by Douglas Ankney
28. When Your Criminal Case Is Dropped, But Your Mugshot Lives Forever, by Julie Levitch
29. First Study of Police De-Escalation Training Shows Impressive Results, by Douglas Ankney
30. Costs of Untested Rape Kits, by Jayson Hawkins
31. 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:

• Connecticut Supreme Court Holds Trial Counsel Ineffective for Failing to Challenge Misleading CSLI GeoTime Video, Sept. 1, 2026. Cell Site Location Information ("CSLI"), Failure to Consult/Investigate/Raise, Trial Strategy, Evidence - Integrity/Reliability of, Prejudice - Potential for Undue.
• Massachusetts Supreme Judicial Court Announces Postconviction Forensic Testing Statute Permits Digital Forensic Analysis of Cellphones, Holding Chapter 278A Not Limited to Tangible Evidence Testable for Biological Material, Aug. 1, 2026. Forensic Sciences, Searches - Cellphones/Computers/Internet, Statutory Construction/Interpretation, Failure to Consult/Investigate/Raise, Relevance.
• Exonerated Texas Prisoner Entitled to $1.68 Million After 22 Years of Wrongful Incarceration, May 1, 2026. Wrongful Conviction, Wrongful Imprisonment, Actual Innocence/Claim of Innocence, Failure to Consult/Investigate/Raise, Expert and Opinion Testimony.
• Sixth Circuit Grants Habeas Relief on Ineffective Assistance of Counsel and Batson Claims, July 15, 2024. AEDPA, Batson Claims, Failure to Consult/Investigate/Raise.
• Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024. Parental rights, Counsel - Effective Assistance of, Strickland Standard, Failure to Preserve Challenge, Failure to Consult/Investigate/Raise, Battered Child/Spouse Evidence, Character/Reputation/Propensity, Bad Acts Evidence.
• Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, March 15, 2024. Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise.
• Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence, Jan. 15, 2024. AEDPA, Effective Assistance of Counsel, Counsel - Effective Assistance of, Strickland Standard, Identification Documents/Evidence, Failure to Consult/Investigate/Raise, Trial Strategy, Strickland v. Washington.
• Jesse Johnson: 194th Person Exonerated While on Death Row, Jan. 15, 2024. Wrongful Conviction, Racial Profiling, Failure to Consult/Investigate/Raise.
• Wiggins v.Smith, No. 02-311 (U.S. Supreme Court) (539 U.S. 510; 123 S.Ct. 2527) (June 26, 2003) (Justice O'Connor), June 1, 2003. Punch And Jurists, Failure to Consult/Investigate/Raise.
• Wiggins v. Corcoran, No. 01-23 (4th Cir.) (288 F.3d 629) (May 2, 2002) (Judge H. Emory Jr. Widener), June 1, 2002. Punch And Jurists, Failure to Consult/Investigate/Raise.