More from this issue:

1. The Rise of Mass Supervision: From Rehabilitative Alternative to Shadow Carceral State, by Casey Bastian
2. California Court of Appeal Announces Crime Defendant ‘Was Convicted’ of, Not Crime ‘Could Have Been Convicted’ of Today, Governs Eligibility for Removal From Sex Offender Registry, by Douglas Ankney
3. Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, by David Reutter
4. Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, by Anthony Accurso
5. Fifth Circuit Announces Geofence Warrants Are Unconstitutional ‘Modern-Day General Warrants’, by Sam Rutherford
6. Federal Judges Closing Loophole That Permits Government to Conduct Warrantless Searches of Cellphones at Border, by Douglas Ankney
7. Texas Court of Criminal Appeals: Trial Court Violated Defendant’s ‘Due Process’ Right to Be Present During Zoom Probation Revocation Hearing by Muting Him, by Sam Rutherford
8. Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken, by Douglas Ankney
9. Sixth Circuit Strikes Retroactive Application of Parts of Tennessee’s Sweeping Sex Offender Registration, Verification, and Tracking Law, by Sam Rutherford
10. Cops Want to Use DNA for Facial Recognition, by Michael Thompson
11. Systemic Failures in Background Check Reporting Is Ruining Lives and Costing Billions of Dollars, by Anthony Accurso
12. Study Finds That Black Americans Want Both Police Presence and Reform: Looking Beyond the Headlines, by Jo Ellen Nott
13. New Research Method Leads to Better Touch DNA Recovery and Development of Genetic Profiles, by Douglas Ankney
14. U.S. Sentencing Commission Publishes Data Report on Compassionate Release in FY 2023, by Matthew Clarke
15. Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, by Dale Chappell
16. Third Circuit District Court Erred by Failing to Consider Mitigating Evidence Under § 3553(a) Because It Mistakenly Believed Such Grounds Already Taken Into Consideration Based on Safety-Valve, Minor Role, and Acceptance of Responsibility Departures in, by Sam Rutherford
17. Fourth Circuit Vacates Order Denying § 2254 Motion, Remands for Evidentiary Hearing on Whether Counsel’s Failure to Object to Duplicative Drug Conspiracy Counts in Violation of Double Jeopardy Clause Was Strategic, by Matthew Clarke
18. Rhode Island Supreme Court Holds Temporal Requirement of ‘Recent Fabrication’ Exception to Hearsay Rule Not Satisfied and Scribbled Note Made by Child Victim of Sexual Abuse Years After Alleged Events Not ‘Excited Utterance’, by Matthew Clarke
19. Louisiana Becomes First State in Nation to Allow Judges to Order Surgical Castration for Sex Offenders, by Jo Ellen Nott
20. 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, by Sam Rutherford
21. Ninth Circuit Clarifies ‘Implicit Breach’ Case Law Regarding When Government Breaches Plea Agreement by Responding to Defendant’s Request for Downward Variant Sentence, by Sam Rutherford
22. News in Brief

More from David Reutter:

• Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals, April 15, 2025
• Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
• Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
• Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
• ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
• First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
• Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
• The Murky Waters of Parole, Feb. 1, 2025
• California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
• Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025

More from these topics:

• Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025. Jury Instructions, Evidence - Failure to Disclose.
• 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.
• Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1), June 15, 2024. Jury Instructions, Essential Elements of Crime, Mens Rea Element, Elements of Offense, Failure to Instruct on Scienter Requirement.
• Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, Dec. 15, 2023. Jury Instructions, Criminal Procedure, Fair Trial, Verdicts.
• Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill, Nov. 1, 2023. Murder/Felony Murder, Unreasonable Application of Clearly Established Federal Law, Motive/Opportunity/Intent/Identity Evidence.
• California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-­Murder Theory, Oct. 1, 2023. Jury Instructions, New Trial Motions, Murder/Felony Murder.
• New York Court of Appeals Announces When an Alternate Juror Is ‘Discharged’ and no Longer ‘Available for Service’, May 15, 2023. Jury Instructions, Jurors - Alternates.
• Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial, April 15, 2023. Restraints, Jury Instructions, Kidnapping, Abduction or Unlawful Restraint, Plain/Harmless Error.
• New Jersey Supreme Court: Allowing Jury to Hear Defendant’s Invocation of Right to Counsel in Recorded Statement Together With Prosecutor Inferring Guilt Based on Request for Counsel Entitles Defendant to New Trial, March 15, 2023. Jury Instructions, New Trial Motions, Counsel - Right to, Perjury/Perjured Testimony.
• Hundreds Convicted by Split Juries Will Have New Trials After Oregon Supreme Court Decision, Jan. 12, 2023. Jury Instructions, New Trial Motions.