More from this issue:

1. Forensic Genetic Genealogy: Police Are Searching Genetic Genealogy Companies’ Databases Regardless of Whether They Have Permission, by Ann Foster, Matthew Clarke
2. Montana Supreme Court: Expert Witness Testimony Presented Via Two-Way Video Conferencing Technology Violates Confrontation Clause, by Sam Rutherford
3. Indigent Defense: Appointed Counsel Does Not Mean Free Counsel, by David Reutter
4. Parole Rate Plummets in South Carolina, by Matthew Clarke
5. Washington Supreme Court Announces Prohibition Against Use of ‘In-Court Holding Cell’ for Court Proceedings Without Individualized Determination of Need, by Sam Rutherford
6. False Confessions and Wrongful Convictions: Known Causes and Steps to Eliminate Them, by Douglas Ankney
7. Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, by Dale Chappell
8. Texas Court of Criminal Appeals Announces Prosecution’s Duty to Provide Discoverable Evidence Upon Request Applies to Discoverable Items in Law Enforcement Agencies’ Possession Unbeknownst to Prosecution and Exclusion Is Appropriate Remedy for Violation, by Sam Rutherford
9. Second Circuit Holds Full De Novo Resentencing Hearing Required Based on Partially Successful Habeas Petition Where Resentencing Judge Not Original Judge and Changed Circumstances Plausibly Alleged, by Sam Rutherford
10. Michigan Supreme Court: Fundamentally Unfair to Deny Indigent Defendant Funds to Retain False Confession Expert Where Genuineness of Confession Key Issue at Trial, by Sam Rutherford
11. Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, by Sam Rutherford
12. Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized, by Anthony Accurso
13. Wrongfully Convicted Actor Exonerated After 24 Years in Prison
14. Missouri Man Awarded Record $38 Million After Insurance Company Refuses to Pay Wrongful Conviction Settlement, by Sam Rutherford
15. California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing, by Sam Rutherford
16. Arkansas Supreme Court Announces Petition for Testing Forensic Evidence Based on Advances in Technology Under Act 1780 of 2001 May Be Filed by Anyone Convicted of a Crime, Not Just Those Still in State Custody, by Anthony Accurso
17. Rhode Island Supreme Court: Officer Lacked Reasonable Suspicion for Terry Stop Based on Unsubstantiated, Anonymous Tip, by Sam Rutherford
18. Third Circuit: Despite ‘Expressly and Repeatedly’ Requesting Low-End Sentence, Government Breached Plea Agreement by Emphasizing ‘Heinous’ Nature of Offense and Presenting Victim-Impact Evidence at Sentencing Thereby Undermining Recommendation, by Sam Rutherford
19. Indiana Supreme Court: Defendant Entitled to Discharge by Showing No Court ‘Congestion’ After Trial Court’s Unexplained Denial of Speedy Trial Motion, by Sam Rutherford
20. Mississippi Supreme Court: Defendant’s Guilty Plea Not Knowing and Voluntary Because He Was Not Informed of His Habitual Offender Status, by Sam Rutherford
21. Washington Supreme Court: Judgment and Sentence Facially Invalid Based on Miscalculated Offender Score Despite Defendant’s Stipulation to Exceptional Sentence, by Sam Rutherford
22. Cell-Site Simulator Proposal: A Glimpse Inside the Black Box Whose Secrets Are Protected by NDAs and Obfuscation, by Michael Thompson
23. Chula Vista’s Police Drones, by Michael Thompson
24. News In Brief

More from Sam Rutherford:

• Self-Harming Wisconsin Prisoner Settles Failure-to-Protect Suit for $7,000, April 1, 2025
• SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process, March 15, 2025
• Ninth and Tenth Circuits Find Bivens Extension Orders Not Immediately Appealable, March 1, 2025
• New Mexico Corrections Department Continues Pattern of Abuse With Contract Medical Provider Wexford Health Sources, Feb. 15, 2025
• Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025
• 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
• Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025
• Washington DOC Physician Assistant Surrenders Medical License in Wake of Malpractice Allegations, Feb. 15, 2025
• California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025
• Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025

More from these topics:

• Alabama Governor Commutes Death Sentence, May 1, 2025. Death Penalty/Death Row, Resentencing.
• Fifth Circuit Announces Definition of ‘Controlled Substance’ in Effect at Time of Current Sentencing Applies for Purposes of Career-Offender Enhancement, Not Definition at Time of Prior Sentencings, March 15, 2025. Controlled Substances, Career Offenders, Sentence Enhancements/Departures.
• California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed, March 15, 2025. Battered Child/Spouse Evidence, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation.
• 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.
• California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025. Prison Gangs, Kidnapping, Abduction or Unlawful Restraint, Insufficiency of the Evidence, Sentence Enhancements/Departures, Gang Membership.
• California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025. Disclosure of Records, Police, Brady Violations, Murder/Felony Murder, Resentencing, Prior Conviction/Sentence/Incarceration, Evidence - Admissibility.
• Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025. Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment.
• First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners, Feb. 1, 2025. First Step Act, Resentencing, Credits.
• California Court of Appeal Strikes Prison Prior Enhancement for Invalid Predicate Offense Under § 1172.75 Despite Concurrently Served Valid Predicate, Feb. 1, 2025. Sentence Enhancements/Departures, Predicate Acts/Offenses, Concurrent and Consecutive Sentences.