More from this issue:

1. Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement, by Casey Bastian
2. Natural Language Processing Software Can Identify Biased Jury Selection, Has Potential to Be Used in Real Time During Voir Dire, by Jo Ellen Nott
3. Louisiana Sheriffs Repeatedly and Conveniently Destroy Public Records, by Benjamin Tschirhart
4. Eleventh Circuit Announces Defendant May Not Be Sentenced to Home Confinement for Violating Terms of Supervised Release When Sentenced to Statutory Maximum Period of Imprisonment for the Violation, by Douglas Ankney
5. CBP Promises Not to Buy Location Data – But Is It a Hollow Promise?, by Michael Thompson
6. Use of Forensic Genetic Genealogy Searches to Identify Suspects Needs Regulation and Can Be Challenged, by Matthew Clarke
7. Chicago Cop Lied So Many Times Under Oath That Prosecutors Are Dismissing Cases That Relied on His Testimony, by Jordan Arizmendi
8. Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired, by Richard Resch
9. Report Finds Effective Text Message Reminders Can Reduce Community Supervision Violations, by Jordan Arizmendi
10. Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes, by Douglas Ankney
11. First Circuit: Justification for Upward Sentencing Departure Following Supervised Release Revocation Must Be Ade-quately Explained, by Matthew Clarke
12. Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing, by David Reutter
13. Indiana Supreme Court Reverses Involuntary Manslaughter Conviction Where Trial Court Denied Defense Counsel Opportunity to Directly Voir Dire Prospective Jurors, by Douglas Ankney
14. We the Targeted: How the Government Weaponizes Surveillance to Silence its Critics 2372, by Nisha Whitehead, John W. Whitehead
15. Fourth Circuit: Disparate Sentence of 30 Years for Two § 924(c) Convictions Constitutes ‘Extraordinary and Compelling Reason’ for Early Release and § 3553(a) Sentencing Factors ‘Overwhelmingly’ Favor Sentence Reduction, by Douglas Ankney
16. Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice, by Anthony Accurso
17. New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors, by Anthony Accurso
18. Fourth Circuit Reverses § 924(c) Conviction Because Kidnapping No Longer Qualifies as Predicate Offense and ‘Critical Record Documents’ Do Not Show Firearm Charge Was ‘Expressly Predicated Upon’ Any Other Offense, by Douglas Ankney
19. Texas Using Highly Sophisticated Israeli Phone Tracking Software, by Jo Ellen Nott
20. New York Court Rules Police Allowed to Use Familial DNA Searches, by Jordan Arizmendi
21. ‘Criminal Courteaucracy’: Understanding the Unique Role of Criminal Court Administrators in Implementing Social Con-troll, by David Reutter
22. Fifth Circuit: Fourth Amendment Seizure Occurred When Officer Pulled Behind Parked Vehicle, Activated Emergency Lights, and Simultaneously Ordered Suspect to Remain in Vehicle, by Douglas Ankney
23. The EFF Is Tackling Border Towers, Facilitating Research into Impact of Mass Surveillance, by Anthony Accurso
24. Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, by Matthew Clarke
25. After Mississippi Supreme Court Announcement, Courts Unprepared to Ensure Poor Defendants Have a Lawyer Throughout the Criminal Process, by Jo Ellen Nott
26. Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, by Richard Resch
27. California Supreme Court Reinstates Petition for Resentencing Under SB 1437 Because Trial Court Misapprehended Le-gal Requirements for Proving Aiding and Abetting Implied Malice Murder, by Matthew Clarke
28. Maine Supreme Judicial Court Announces Clarification of Test for Violation of Right to Speedy Trial Under Maine Constitu-tion, by David Reutter
29. Sixth Circuit: Because Ohio’s Aggravated Robbery Statute Does Not Contain Mens Rea Requirement, Conviction Is Violent Felony Under ACCA Only if Underlying Theft in Robbery Contains Required Mens Rea, by Douglas Ankney
30. News in Brief

More from Richard Resch:

• From the Editor, Dec. 15, 2024
• New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense, June 15, 2024
• SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024
• Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, March 15, 2024
• New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, March 15, 2024
• First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, Jan. 15, 2024
• Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired, Dec. 15, 2023
• Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023
• Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, Nov. 1, 2023
• New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework, Oct. 1, 2023

More from these topics:

• ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025. Databases, Disclosure of Records, Public Records Act, Federal Rules of Criminal Procedure, Plea Agreements/Guilty Pleas.
• Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
• Guard Pleads Guilty to Using Excessive Force at Indiana Jail Sued Nine Times in Two Years, Jan. 15, 2025. Guard Misconduct, Guard Brutality/Beatings, Plea Agreements/Guilty Pleas.
• Kansas Supreme Court Announces Defendant-Witness Retains Fifth Amendment Privilege Against Compelled Self-Incrimination After Guilty Plea and Sentencing as Long as Testimony Sought Presents Legitimate Risk of Incrimination, Dec. 15, 2024. Self Incrimination, Self-Incrimination Clause, Plea Agreements/Guilty Pleas.
• 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.
• Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction, Dec. 15, 2024. Double jeopardy, Breach of Plea/Coop./Immunity Agreements, Dismissal, Plea Agreements/Guilty Pleas.
• Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defendant About Mandatory Sentences If Plea Offer Rejected, Dec. 15, 2024. Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Mandatory Minimum Sentence, Plea Agreements/Guilty Pleas, Rejection.
• Plea Deal Falls Apart for Accused 9/11 Masterminds, Dec. 15, 2024. Guard Brutality/Beatings, CIA, Guards/Staff, Torture, Plea Agreements/Guilty Pleas.
• Missouri Prisoner Executed After Making—and Losing—New Plea Deal, Oct. 15, 2024. Death Penalty/Death Row, Plea Agreements/Guilty Pleas.
• Virginia Supreme Court Announces Parties Are Free to Renegotiate Plea Agreement Not Already Accepted by Trial Court, Which May Not Enforce Original Plea Against Parties’ Wishes, Oct. 1, 2024. Awareness of Consequences, Plea Agreements/Guilty Pleas, Rejection, Validity of.