More from this issue:

1. The Pariah, by Murtaza Hussain
2. Sixth Circuit: District Court Confused ‘Attenuation Doctrine’ and ‘Inevitable Discovery Exception’ in Applying Exclusionary Rule, by Anthony Accurso
3. Texas Court of Criminal Appeals: Under State Felon in Possession of Firearm Statute, Possessing Multiple Firearms Simultaneously Constitutes One Offense, Not Multiple, by Douglas Ankney
4. Fifth Circuit Announces Louisiana Aggravated Assault With Firearm Still Not ‘Crime of Violence’ After 2012 Amendment for Purposes of Sentencing Guidelines, by Matthew Clarke
5. Seventh Circuit: Sentencing Court’s ‘Inoculating Statement’ Regarding Potential Guidelines Miscalculation Failed to Satisfy Conditions of Abbas, by Douglas Ankney
6. Federal Habeas Corpus: Role of the Magistrate Judge, by Dale Chappell
7. Michigan Supreme Court Announces Forfeited Structural Error Automatically Satisfies Third Prong of Plain Error Standard Without a Showing of Prejudice, by Douglas Ankney
8. Massachusetts Supreme Judicial Court Announces New Rule Governing Warrants for CSLI and Tower Dumps, Suppresses CSLI Evidence Because Warrant Lacked Particularized Facts Establishing Nexus Between Defendant’s Use of Cell Phone and Charged Crimes, by Anthony Accurso
9. Fourth Circuit: Coram Nobis Appropriate Remedy to Achieve Justice Where Petitioner Actually Innocent but Completed Sentence, by Douglas Ankney
10. DOJ: Unlawful Snitching Program Run by the Orange County, California, DA’s Office and Sheriff’s Department Compromised Unknown Number of Convictions, by Jo Ellen Nott
11. Pennsylvania Supreme Court Announces Challenge to Presumptively Vindictive Sentence Constitutes ‘Legality Challenge’ and Thus Cognizable Under PCRA, by Harold Hempstead
12. Ninth Circuit Clarifies Framework for Applying Minor-Role Adjustment in U.S. Sentencing Guideline § 3B1.2(b), by Douglas Ankney
13. Washington Supreme Court Announces Race and Ethnicity Are Relevant Factors in Analysis of Whether Someone Has Been ‘Seized’, by Jacob Barrett
14. Wyoming Supreme Court: Preventing Door From Slamming in Face of Police Officer Does Not Constitute Implied Consent to Enter Home Without a Warrant, by Anthony Accurso
15. First Circuit Announces Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law in Determining Whether ‘Extraordinary and Compelling’ Reason Exists for Compassionate Release in Prisoner-Initiated Motion, by Jacob Barrett
16. Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher Charge, by Jacob Barrett
17. Seventh Circuit Announces Adoption of Uniform Procedure to Be Followed Where Plea Agreement Includes an ‘Appeal Waiver’ and Defendant Files Notice of Appeal, by Douglas Ankney
18. Rhode Island Supreme Court: DUI Suspect Was in ‘Custody’ so Un-Mirandized Roadside Statements Properly Suppressed, by Mark Wilson
19. Social Media Surveillance, by Jayson Hawkins
20. Pennsylvania Supreme Court Announces Challenge to SORNA-Based Illegality of Sentence Claim Cannot Be Waived, Allowing for Challenge at Any Time — Even if First Raised on Appeal, by Anthony Accurso
21. IRS Continues Practice of Government Agencies Hiding Their Abuse of Civil Forfeiture Procedures, by Douglas Ankney
22. Institutional Resistance to Police Reform Continues, by Jayson Hawkins
23. Next Gen Facial Recognition Identifies Your Associates, Too, by Anthony Accurso
24. Illinois Law Protects Personal Data, by Jayson Hawkins
25. Study Examines Link Between Fines and Crime, by Jayson Hawkins
26. New York Follows California’s Lead Becoming Second State To Require Microstamping of Semiautomatic Handguns, by Douglas Ankney
27. Location Tracking Devices Can Create the Appearance of Guilt, by Benjamin Tschirhart
28. The Sixth Amendment Right to Assistance of Legal Counsel: An Examination of Federal Justice System Outcomes, by Casey Bastian
29. Drone Company Is Establishing Cozy Relationship With Police, by Anthony Accurso
30. The Insidious Nexus Between Law Enforcement Budget Increases and Misdemeanor Policing, by Casey Bastian
31. Corporate Data Brokers Help Law Enforcement Spy on Millions of Law-Abiding People, by Anthony Accurso
32. That Robotaxi Is Watching You, by Anthony Accurso
33. $175,000 Awarded to Colorado Man Tased by Cop Angered Over His ‘Fuck Bad Cops’ Placard, by Douglas Ankney
34. Predictive Policing Doesn’t Reduce Crime but Does Increase Targeting of Vulnerable Communities, by Casey Bastian
35. Prosecutorial Misconduct Cause of More Than 550 Death Penalty Reversals and Exonerations, by Jacob Barrett
36. Michigan Makes Civil Forfeiture Easier at Airports, by Jayson Hawkins
37. News in Brief
38. New FBI Tip Line: Further Incentive to Abuse Civil Asset Forfeiture, by Casey Bastian

More from Harold Hempstead:

• Florida Returning Canteen Funds for Prisoner Programming, July 15, 2023
• Condemned Tennessee Prisoner Wins Fight Against Autopsy, June 15, 2023
• Massachusetts Settles One of Three Suits Alleging Retaliation by Prison Guards for Assault on One of Their Own, June 1, 2023
• Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention, May 15, 2023
• Condemned Tennessee Prisoner Wins Fight Against Autopsy, May 1, 2023
• Sixth Circuit Won’t Hold Michigan County Liable After Mentally Ill Prisoner Impregnates Another, April 19, 2023
• Georgia Supreme Court: Trial Courts Are Bound to Follow Precedent of Court of Appeals, April 15, 2023
• Former CoreCivic Guard Pleads Guilty to Deprivation of Tennessee Prisoner’s Rights, April 1, 2023
• Massachusetts Supreme Court: Probationer’s Due Process Right to Present a Defense Violated Where Denied Opportunity to Call Complainant Who Alleged Sexual Assault as a Witness During Probation Revocation Hearing, March 15, 2023
• Maryland Court of Appeals: ‘No Objection’ to Introduction of Evidence at Trial That Was the Subject of Denied Motion to Suppress Does Not Waive Right to Appellate Review of Denial, March 15, 2023

More from these topics:

• Virginia Parole Board Skirts New Transparency Rules, Governor Walks Back Expanded Sentence Credits—Again, March 1, 2025. Local Rules, U.S. Sentencing Guidelines, Probation, Parole & Supervised Release, Credits.
• Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
• The Murky Waters of Parole, Feb. 1, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release.
• Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires, Jan. 15, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Resentencing, Revocation Proceedings, Overreaching.
• After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, Jan. 15, 2025. U.S. Sentencing Guidelines, Conspiracies, Attempts, Solicitations, Attempts/Incomplete Acts, Credits, Sentences - Adjustments and Departures.
• Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation, Dec. 15, 2024. U.S. Sentencing Guidelines, Revocation Proceedings.
• California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment, Dec. 15, 2024. Retroactivity, U.S. Sentencing Guidelines.
• First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo, Dec. 15, 2024. U.S. Sentencing Guidelines, Grounds for Variance, 18 U.S.C. § 3582(c)(2), Plea Agreements/Guilty Pleas, Grounds.
• Fifth Circuit Judges Battle in Louisiana Over-Detention Cases, Dec. 15, 2024. U.S. Sentencing Guidelines, Overdetention, Credits.
• California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing, Dec. 1, 2024. U.S. Sentencing Guidelines, Resentencing, Sentence Enhancements/Departures.