More from this issue:

1. A Guilty Voice: Is Voice Analysis Junk Science or Reliable Evidence?, by Clarence Walker Jr.
2. 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, by Sam Rutherford
3. From the Editor Everything You Always Wanted to Know About Holdings and Dicta*, by Richard Resch
4. How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, by Dale Chappell
5. ‘Jack the Ripper’ Meets DNA Analysis, by James Mills
6. Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication, by Douglas Ankney
7. FBI Pressured Forensic Science Group to Censor Critical Workshops, Emails Reveal, by Michael Thompson
8. Faster Justice: Rapid DNA Set to Expand Law Enforcement Reach, by Jo Ellen Nott
9. Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W, by Anthony Accurso
10. California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed, by Douglas Ankney
11. Study Confirms New York City’s ShotSpotter Deployment Was a Costly Misstep, by Michael Thompson
12. How Online Behavioral Ads Fuel Mass Surveillance, by Michael Thompson
13. Trump Appoints ‘Pardon Czar’ at Black History Month Event, by James Mills
14. Shakedown in New Mexico: Decades-Long Police Corruption Scandal Rocks Albuquerque’s DWI Unit, by Jo Ellen Nott
15. Filming ICE Agents at Work: Know Your Rights, by Jo Ellen Nott
16. Convicted Double Murderer Executed by Firing Squad in South Carolina, by David Kim
17. Can Comics Help Juries Understand Complex DNA Evidence?, by Michael Thompson
18. California Police Misused State Databases Over 7,000 Times in 2023, by James Mills
19. Government Hacks Computers to Thwart Hackers, by James Mills
20. Nebraska Supreme Court Announces ‘Working Days’ for Purposes of ‘Temporary Domicile’ SORA Reporting Requirement Means Weekdays, Excluding Legal Holidays, and Reverses Conviction for Failure to Register, by Sagi Schwartzberg
21. California Court of Appeal Vacates Former NFL Star’s Rape Conviction Because Prosecutor’s Racial Statements During Closing Constituted ‘Racially Discriminatory Language’ in Violation of Racial Justice Act, by Phillip Wasserman, J.D.
22. EFF Launches Rayhunter: A New Tool to Detect Covert Cellular Surveillance, by David Kim
23. Pennsylvania Supreme Court Announces Commonwealth Must Prove Beyond a Reasonable Doubt Offender Knew of SORNA Registration Obligations for Failure to Register Conviction, by Sagi Schwartzberg
24. 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, by Jeffrey Cohen
25. Bite Marks and Broken Justice: A Louisiana Man’s Life and Death Struggle Against Junk Science, by David Kim
26. Nevada Supreme Court: Theft Offenses and Possessing or Receiving Stolen Property Offenses Are Mutually Exclusive and Double Jeopardy Protections Bar Conviction for Both Offenses When Based on Same Conduct, by Douglas Ankney
27. Virtual Injustice: How Remote Hearings Harm Incarcerated Defendants, by Jo Ellen Nott
28. 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, by Douglas Ankney
29. NEWS IN BRIEF

More from Jeffrey Cohen:

• Illinois Supreme Court Announces Conviction 
for Attempted First Degree Murder Requires 
‘Intent to Kill Without Lawful Justification, Aug. 1, 2025
• Eleventh Circuit Announces Sixth Amendment Right to Proceed Pro Se at Sentencing if Defendant ‘Clearly and Unequivocally’ Expresses Desire to Do So After Faretta Inquiry, Aug. 1, 2025
• Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment, May 15, 2025
• Mississippi Supreme Court Vacates Convictions, 
Holding Multiple Errors by State Resulted in ‘Legal Chaos’ 
That Deprived Defendant of Right to Fair Trial 
Under ‘Cumulative-Error Doctrine’, May 15, 2025
• 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

More from these topics:

• Eighth Circuit Announces Presidential Commutation Does Not Moot Challenge to Underlying Sentence, Jan. 1, 2026. Pardons/Clemency, First Step Act, Qualifying Offenses, Sentence Enhancements/Departures, Authority and Jurisdiction.
• SCOTUS Overturns Oklahoma Prisoner’s Death Sentence After More than 25 Years on Death Row, Nov. 1, 2025. Ex Post Facto, Good Time, Wrongful Conviction, Habeas Corpus, Wrongful Imprisonment, Pardons/Clemency, First Step Act, Civil Asset Forfeiture Reform Act (CAFRA), Specific Offenses, Controlled Substances, Weapons, Accuracy of Information, Depraved Indifference Murder, Evidence - Circumstantial, Theft, Failure to Disclose, Perjury/Perjured Testimony, Evidence - Failure to Disclose, New Trial - Motions for, Pleas Linked to Cooperation, Evidence - Destruction/Fabrication/Manipulation of, Selective Prosecution/Enforcement, Improper Comments, Official Report, Withholding of Exculpatory Evidence, Exculpatory Evidence - Disclosure Obligations.
• California Supreme Court Announces Judgment Not Considered Final Under Estrada for Retroactive Application of Amended Gang Enhancement Statute When Conviction Affirmed on Appeal but Sentencing Issues Remain Pending Following Remand, Oct. 15, 2025. Retroactivity, Essential Elements of Crime, Sentence Enhancements/Departures, Authority and Jurisdiction, Remands/Rehearings/Resentencings.
• U.S. Sentencing Commission Adopts 2025 Amendments 
to Resolve Circuit Conflicts, Aug. 1, 2025. U.S. Sentencing Guidelines, Criminal History, Arrest/Arraignment, Sentence Enhancements/Departures.
• First Circuit Announces What Constitutes ‘Otherwise Using’ 
a Dangerous Weapon for Purposes of the Four-Level 
Enhancement Under Guidelines § 2B3.1(a), May 15, 2025. U.S. Sentencing Guidelines, Probation, Sentence Enhancements/Departures.
• Fourth Circuit: District Court Erred in Imposing ‘Managerial Role’ Enhancement Under Guidelines § 3B1.1(b) Without Making ‘Particularized Findings’ Regarding Scope of Criminal Activity and Number of Participants as Required by Guidelines §1B1.1, April 15, 2025. Sentence Enhancements/Departures, Joint Participant, Scope/Standard of Review.
• 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.
• 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 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.
• Ninth Circuit Announces California Assault With Deadly Weapon Conviction Not ‘Crime of Violence’ for Career Offender Enhancement Under Sentencing Guidelines, Feb. 1, 2025. Career Offenders, Gun Laws/Crimes, Sentence Enhancements/Departures.