More from this issue:

1. Zombie Forensics: Discredited Science Stalking the Courtroom, by Chuck Sharman
2. New Jersey Supreme Court Announces “Shaking Without Impact” Expert Testimony Inadmissible, Holding Shaken Baby Syndrome Diagnosis Lacks Required General Acceptance Within Biomechanical Engineering Community Under Frye, by David Kim
3. First Circuit Clarifies Mitigating Role Analysis – Sentencing Courts Must Consider All Identifiable Participants in Drug Shipment, Not Just Crew Members, and Use § 3B1.2 Factors to Assess Relative Culpability, Not Guilt, by Douglas Ankney
4. Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents, by David Kim
5. Maryland Supreme Court Announces Public Defender Act Requires Effective Assistance of Counsel in Certiorari Petition Where Public Defender Appointed Panel Attorney for Direct Appeal and Certiorari Petition, by Sagi Schwartzberg
6. Ninth Circuit Affirms Exclusion of Plea Agreement’s Factual Basis, Holding Unaccepted “Type A” Plea Agreement Unenforceable to Trigger Waiver of Rule 410 Protections, by Anthony Accurso
7. When AI Invents the Pixels: Challenging AI-Enhanced Video Evidence in Criminal Cases, by Richard Resch
8. Jury Returns Record $80 Million Verdict for Wrongful Conviction Based on DA Misconduct, by Jo Ellen Nott
9. Ninth Circuit Announces Abandonment Doctrine Applies to Cellphones but Courts Must Analyze Intent to Abandon Device Separately From Intent to Abandon Data, by David Kim
10. Seventh Circuit Announces One-Year Time Limit in Rule 35(b) Is Nonjurisdictional Claim-Processing Rule, Overruling Prior Precedent in Light of Supreme Court’s Hamer Decision, by David Kim
11. California Supreme Court Announces Pre-2009 Provocative Act Murder Convictions Are Not Categorically Ineligible for Resentencing Under § 1172.6, by Sagi Schwartzberg
12. Police AI and “Sycophancy”: New Evidence Tools May Tell Cops Exactly What They Want to Hear, by Michael Thompson
13. Mass Surveillance for Profit: Flock’s AI Reports “Suspicious” Movement to Police, by Sagi Schwartzberg
14. SCOTUS Holds Sixth Amendment Requires Case-Specific Necessity Determination to Screen Child Witnesses, Rejecting Reliance on Mandatory State Statutes Based on Generalized Legislative Findings, by Richard Resch
15. Pennsylvania Supreme Court Announces Presentence Confinement on Probation Detainer Must Be Credited to New Sentence Where Same Conduct Triggered Both Detainer and New Charges, by Matthew Clarke
16. The Legal Fight for Homeowner Compensation After SWAT Raids, by Jo Ellen Nott
17. Minnesota Supreme Court Announces Warrantless Buccal Swab Pursuant to Discovery Order Violates Fourth Amendment, Overrules Inevitable Discovery Precedent, and Clarifies Accomplice-Corroboration Statute Applies Only to Sworn Testimony, by David Kim
18. 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:

• Tenth Circuit Announces Resentencing After Probation Revocation Must Begin with Chapter 7 Range, Holding Chapter 5 Range Should Be Considered When Deciding Whether to Vary, Sept. 1, 2026. U.S. Sentencing Guidelines, Revocation/Modification of Probation, etc., Statement of Reasons, Sentence, Factors To Be Considered.
• Relevant Conduct: How Federal Sentencing Law Punishes More Than the Crime of Conviction, Aug. 1, 2026. U.S. Sentencing Guidelines, Prior Conviction/Sentence/Incarceration, Plain Error, Acquitted Conduct/Uncharged Crimes/Dismissed Counts, Relevant Conduct.
• U.S. Sentencing Commission: 2026 Amendments to the Federal Sentencing Guidelines, June 1, 2026. U.S. Sentencing Guidelines, Alternative Sentencing, Sentence Enhancements/Departures, Multiple/Multiplicious Counts, Drug Quantity.
• First Circuit Vacates Drug Courier’s Sentence, Holding District Court Erred by Failing to Conduct Proper Comparative Culpability Analysis Under § 3B1.2 When It Excluded Other Participants in Drug Shipment From Universe of Comparators, May 1, 2026. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Appellate Jurisdiction/Review, Sentencing Findings, Relevant Conduct.
• Sixth Circuit Announces Federal Coercion and Enticement Statute Requires Knowledge of Victim’s Minor Status, Deepening Circuit Split, May 1, 2026. U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Statutory Construction/Interpretation, Sentence, Miscalculation of the Guidelines Sentencing Range.
• Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical Approach, April 1, 2026. U.S. Sentencing Guidelines, Qualifying Offenses, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Child Pornography.
• U.S. Sentencing Commission Report Breaks Down Federal Contraband Sentences, March 1, 2026. Guard Misconduct, Mechanical Searches/Scanners, Statistics/Trends, U.S. Sentencing Guidelines, Bribery/Extortion/Theft.
• Fifth Circuit Holds Texas Sexual Assault of a Child Statute Sweeps More Broadly Than Federal SORNA Tier Offenses, March 1, 2026. Sex Offender Registration and Notification Act, Qualifying Offenses, Plain Error, Elements of Offense, Miscalculation of the Guidelines Sentencing Range.
• Acquitted Conduct Sentencing: Not Guilty – But Punished Anyway, March 1, 2026. U.S. Sentencing Guidelines, Federal Legislation, Fifth Amendment, Sixth Amendment, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
• Third Circuit Announces “Commencement of the Instant Offense” in Guidelines § 4A1.2(e) Unambiguously Refers Only to Specific Offense of Conviction, Not Relevant Conduct, Nov. 15, 2025. U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Prior Conviction/Sentence/Incarceration, Adequacy of Criminal History Category, Statutory Construction/Interpretation.