More from this issue:

1. Federal Sentencing Guidelines Undergo Substantial Amendments, by David Reutter
2. California Court of Appeal: Probation Condition Prohibiting Possession of Pornography Impermissibly Vague, by Douglas Ankney
3. FBI Access to FISA Database Includes Some Accountability, by Anthony Accurso
4. DOJ Spending Over $6 Billion in Firms to Seize Innocent Citizens’ Property Via Civil Asset Forfeiture, by Douglas Ankney
5. Indiana Supreme Court Suppresses All Evidence Related to Polygraph Exam for Examiner’s Failure to Disclose Unilater-ally Changing Exam Results From ‘Admissible’ to ‘Inadmissible’ Due to Defendant’s Mental State, by Anthony Accurso
6. Survey: Why Defendants Cooperate with the Government in a Process Described as ‘Unfair’ by Defense Attorneys, by Douglas Ankney
7. West Virginia University Forensic Scientists Provide a Benchmark for Analyzing Duct Tape Fracture Edges, by Jo Ellen Nott
8. FBI Buys Software to Enslave Your Phone, by Michael Thompson
9. The White House Goes Rogue: Secret Surveillance Program Breaks all the Rules, by John W. Whitehead, Nisha Whitehead
10. House Judiciary Committee Investigates Major Banks for Unauthorized Sharing of Private Financial Information With the FBI, by Jo Ellen Nott
11. Second Circuit: Money Concealment Guilty Plea Vacated for Lack of Evidence to Support Factual Finding of Required Mens Rea, by David Reutter
12. Oregon Supreme Court Announces Overruling of Precedent on ‘Attempted Transfer’ of Drugs, by David Reutter
13. Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment, by Douglas Ankney
14. Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence, by Douglas Ankney
15. First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, by Richard Resch
16. Human DNA Retrieved From Dogs Might Provide Evidence, by Douglas Ankney
17. Sixth Circuit: Trial Judge’s Personal and Condemnatory Remarks Directed Toward Defendant Requires Recusal, by Douglas Ankney
18. Police Requests to Google Replacing Old Fashioned Detective Work, by Anthony Accurso
19. One Solution to Jurors Giving Too Much Weight to Improper Forensic Testimony: 4-Minute Training Video Based on DOJ Guidelines, by Matthew Clarke
20. California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91, by Douglas Ankney
21. California Bans Bogus ‘Excited Delirium’ Diagnosis as Cause of Death, by Douglas Ankney
22. New Mexico Supreme Court Clarifies When Reviewing Double Jeopardy Claims, Court to Apply Blockburger’s Strict-Elements Test or Modified Strict-Elements Test—Not Both, by Douglas Ankney
23. FBI Lost Count of Its Snitches at Capitol on January 6, 2021, by Douglas Ankney
24. U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, by Douglas Ankney
25. Jesse Johnson: 194th Person Exonerated While on Death Row, by Jordan Arizmendi
26. Kansas Supreme Court Announces State Must Prove Defendant Specifically Intended to Enter Dwelling in Which There Was a Person to Sustain Conviction for Attempted Aggravated Burglary, Overruling State v. Watson, by Douglas Ankney
27. Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements, by Anthony Accurso
28. NYPD’s Solution for Abusive Cops Who Cost Taxpayers Millions of Dollars in Civil Suits—Promote Them, by Douglas Ankney
29. Eleventh Circuit Announces Supervised Release Term Not Tolled When Defendant Absconds, Deepening Circuit Split, by Anthony Accurso
30. California Court of Appeal: Confrontation Clause Violated Where Defense Prohibited From Cross-Examining Prosecution Witness About Biased Motivation and Fabrication, by Douglas Ankney
31. Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL, by Douglas Ankney
32. Study Reveals That Aging Federal Judges May Experience Cognitive Impairment Affecting Their Opinions, by Douglas Ankney
33. 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:

• Fatal LAPD Arrests Show Systemic Failure in Handling Mental Health Crises, Oct. 1, 2026. Shootings, Restraints, Police--Excessive Force, Mental Health, Staff Training.
• Ninth Circuit Holds Martinez May Excuse Nevada’s Timeliness and Successive-Petition Bars for Trial Ineffective Assistance Claims, Oct. 1, 2026. Ineffective Assistance of Counsel, Cause and Prejudice, Counsel - Right to, Statutes of Limitation and Laches.
• Mental Health Diversion from New York State Jails Varies Widely by County, Sept. 1, 2026. Criminal justice system reform, Alternative Sentencing, Mental Health, State Legislation.
• Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
• Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
• Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
• Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
• Pennsylvania Supreme Court Announces Theft by Deception Is Not Continuing Offense While Receiving Stolen Property Continues Only Until Defendant Disposes of Stolen Property, Aug. 1, 2026. Bribery/Extortion/Theft, Lack of Evidence, Statutory Construction/Interpretation, Statutes of Limitation and Laches.
• Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
• $25,000 Paid to Former New York Jail Detainee Subjected to Delayed Healthcare and Denied Mental Healthcare— Despite Seven Suicide Attempts, July 1, 2026. Failure to Treat, Conditions of Confinement, Mental Health, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.