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 Douglas Ankney:

• The Dramatic Increase in the Elderly Prison Population Is Fiscally and Morally Irresponsible, Oct. 1, 2026
• Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026
• California Supreme Court Announces Totality-of-Circumstances Framework Focused on Defendant’s Subjective Understanding Under § 1473.7(a)(1), Holding Immigration Consequences Advisement Is Relevant but Not Dispositive, Oct. 1, 2026
• Idaho Supreme Court Holds Conflicting Affidavits About Plea Acceptance Require Evidentiary Hearing on Ineffective-Assistance Claim, Oct. 1, 2026
• Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026
• Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, Sept. 1, 2026
• Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026
• Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026
• Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026
• Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026

More from these topics:

• SCOTUS Holds § 922(g)(3) Prosecution Based Solely on Regular Marijuana Use, Without Individualized Proof of Dangerousness, Violates Second Amendment, Aug. 1, 2026. Second Amendment, Marijuana Laws/Issues, Predicate Acts/Offenses.
• Seventh Circuit Announces Courts May Examine Individual Officer’s Subjective Purpose When Assessing Whether Warrantless Administrative Inspection Was Pretextual, Holding Suppression Required Where Trooper’s Sole Motive for Stop Was Criminal Investigati, Aug. 1, 2026. Warrantless Searches, Exception to Warrant Requirement, Pretextual Stops, Searches - Administrative, Suppression.
• New Mexico Supreme Court Announces Article II, Section 10 Exclusionary Rule Governs Admissibility of Evidence Seized Outside State by Non-New Mexico Officers, Aug. 1, 2026. Warrantless Searches, Conflict of Laws/Decisions, State Constitutional Claims, Suppression, Exclusionary Rule.
• 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.
• The Constitution for Sale: FBI Confirms Resumption of Data Broker Dragnets, June 1, 2026. Fourth Amendment, rights, Warrantless Searches, Cell-Phone Location/Tracking Data, Electronic Surveillance, Privacy Act/Rights.
• 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.
• Oregon Supreme Court Announces Article I, Section 9, of State Constitution Protects Privacy in Internet Browsing Conducted Over Public Wi-Fi Networks, April 1, 2026. Searches - Cellphones/Computers/Internet, Warrantless Searches, Electronic Surveillance, State Constitutional Claims, Suppression.
• 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.
• New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026. Warrantless Searches, Consent Searches, State Constitutional Claims, Fruit of the Poisonous Tree, Unlawful Entry/Conduct.
• Most U.S. Prisoners Now Barred from Directly Receiving Physical Mail, Feb. 1, 2026. Mail Regulations, Due Process, Legal Mail, Censorship, Warrantless Searches, Electronic Surveillance.