More from this issue:

1. Stinging Back: Resisting Government Surveillance of Cellphones, by Anthony Accurso
2. Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, by Douglas Ankney
3. Cellular Roaming’s Inadequate Security, by Michael Thompson
4. Tech Monopolies Prevent Effective Privacy Laws in the U.S., by Anthony Accurso
5. California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning, by Jo Ellen Nott
6. Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, by Douglas Ankney
7. Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology, by Matthew Clarke
8. Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months, by Sam Rutherford
9. SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, by Richard Resch
10. California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, by David Reutter
11. FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech, by Jo Ellen Nott
12. De-Identified Is Not Anonymous, by Michael Thompson
13. The Police Have a Dark Money Slush Fund, by Katya Schwenk
14. Police Body Cameras, A Decade Later, by Anthony Accurso
15. Criminal Justice Reform Becoming a Corporate Priority, by David Reutter
16. Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, by Douglas Ankney
17. More Facial Recognition Failures, by Michael Thompson
18. California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction, by Douglas Ankney
19. Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds, by Douglas Ankney
20. Use of Solitary Confinement on the Rise in ICE Facilities, by Anthony Accurso
21. New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, by Douglas Ankney
22. New Data From BOP Reveals Technical Violations Account for Nearly a Third of First Step Act Recidivism, by Jo Ellen Nott
23. The Death of the Savings Clause, by Dale Chappell
24. Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell
25. First Circuit: Defendant’s Statement ‘I guess I’ll wait until I have a lawyer’ Is Unequivocal Invocation of Right to Counsel, by Sam Rutherford
26. Facial Recognition’s Distorted View, by Michael Thompson
27. Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, by Douglas Ankney
28. New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase, by Douglas Ankney
29. Robotic Police Dogs Being Adopted Across the Country, by Michael Thompson
30. Ninth Circuit Announces Adoption of ‘Premises Rule’ for Co-Tenant Consent-to-Search Analysis, Holds Co-Tenant’s Consent Invalid Where Defendant Instructed Co-Tenant Not to Allow Police Entry in Their Presence, by Sam Rutherford
31. Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen, by Douglas Ankney
32. Googling Your Privacy, by Michael Thompson
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:

• Hawai’i Supreme Court Holds Trial Court Failed to Consider HAWJIC 3.19A Factors and “Effect of Suggestiveness on Reliability” When Evaluating Field Show-Up Identifications, July 1, 2026. witness misidentification, Motions To Suppress, Evidence - Integrity/Reliability of, Suppression of Identity Evidence, Eyewitness Identification.
• Murder Convictions Tossed for Three Pennsylvania Prisoners After 28 Years, June 1, 2026. Wrongful Conviction, witness misidentification, Forensic Sciences, Evidence - Integrity/Reliability of, Expert and Opinion Testimony.
• Iowa Supreme Court Announces Framework for Admissibility of Expert Testimony on Eyewitness Identification, Holding Generalized Testimony on Psychological Factors Ordinarily Should Be Admitted, Jan. 1, 2026. witness misidentification, Eyewitness Testimony, Lineups, Eyewitness Identification, Expert and Opinion Testimony.
• The Malleable Mind in the Courtroom: Why Confident Eyewitnesses Often Provide the Least Reliable Evidence, Oct. 15, 2025. Eyewitness Testimony, Fabrication of Evidence, Jury Views.
• Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation, Feb. 1, 2025. Sanctions, Eyewitness Testimony, Brady Rule violations, Witnesses - Prior Statements/Testimony, Factual Disputes/Findings, Legal or Factual Challenges - assertion of.
• Montana Supreme Court: Expert Witness Testimony Presented Via Two-Way Video Conferencing Technology Violates Confrontation Clause, Dec. 1, 2024. Eyewitness Testimony, Confrontation Clause/Rights, Confrontation Clause, Sentencing by Videoconferencing.
• Maryland Compensates Exonerated Prisoner Over $340,000, April 1, 2024. Wrongful Conviction, Eyewitness Testimony, Fabrication of Evidence, Recantation.
• New York Court of Appeals Reverses Conviction Because Testifying Criminalist Not Shown to Have Requisite Involvement in DNA Testing Process and Provides Guidance to Avoid Future Sixth Amendment Confrontation Clause Violations, March 15, 2024. DNA Testing/Samples, Eyewitness Testimony, Crime Lab Reports.
• Foundations of Firearms Audio Forensics Built by Dr. Robert Maher Will Continue to Be Important Forensic Tool as More Recording Devices Are Present at Crime Scenes, March 15, 2024. Commentary/Reviews, Eyewitness Testimony.
• Interactive Lineups Are a Promising New Tool to Improve Accuracy of Suspect Identification by Eyewitnesses, March 15, 2024. Commentary/Reviews, witness misidentification, Eyewitness Testimony, Lineups.