More from this issue:

1. Swabbed at Booking, Searched for Life: How Pre-Conviction DNA Collection Built a Genetic Mass Surveillance System, by David Kim
2. Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, by David Reutter
3. No Blood, No Proof: Study Challenges Post-Cleanup DNA Evidence, by Jo Ellen Nott
4. 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, by Douglas Ankney
5. Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, by David Reutter
6. Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Findings Before Board Renders a Final Revocation Decision, by Douglas Ankney
7. Six Years of the First Step Act: Federal Prison Data Reveal Treatment Gains, Persistent Disparities, and Unanswered Questions, by Richard Resch
8. Massachusetts Supreme Judicial Court: Amending Indictment to Change Subsections of Aggravated Child Rape Statute Constitutes an Impermissible Substantive Amendment, by David Kim
9. Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), by David Reutter
10. New York Court of Appeals Holds Generic Physical Description Insufficient to Justify Pursuit in Mistaken Identity Case, and Suspect’s Flight Cannot Support Reasonable Suspicion Absent Evidence He Knew He Was Fleeing Law Enforcement, by Douglas Ankney
11. Oregon Supreme Court Announces Article I, Section 9, of State Constitution Protects Privacy in Internet Browsing Conducted Over Public Wi-Fi Networks, by David Kim
12. California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, by David Reutter
13. New Study Exposes Reliability Gap in Traditional Time-of-Death Methods, by Jo Ellen Nott
14. Pennsylvania Supreme Court Announces Mandatory Life Without Parole for Felony Murder Unconstitutional Under State Constitution, Holding Article I, Section 13 Provides Broader Protections Than Eighth Amendment, by Richard Resch
15. Indiana Supreme Court Clarifies “Single Statutory Offense” for Substantive Double Jeopardy Analysis, Holding Powell Test Governs Multiple Convictions Under Elevated Forms of Common Base Offense, by David Kim
16. SCOTUS Unanimously Announces Heck Does Not Bar §1983 Suits Seeking Purely Prospective Relief, Resolving Circuit Split Over Whether a Prior Conviction Precludes a Forward-Looking Constitutional Challenge to the Statute of Conviction, by Richard Resch
17. SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split, by David Kim
18. Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, by David Reutter
19. Montana Supreme Court Holds Defendant’s Sentence Must Be Vacated Where District Court Premised Sentence on Defendant’s Exercise of Constitutional Rights to Jury Trial, Silence, and Against Self-Incrimination, by Douglas Ankney
20. News In Brief

More from David Reutter:

• Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026
• Nevada Prisoners, Families Call Out Predatory Tablet Program, Sept. 1, 2026
• Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026
• Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026
• Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
• Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
• Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
• Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
• Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
• Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026

More from these topics:

• California Court of Appeal Finds Trial Court Abused Discretion in Denying Prisoner Compassionate Release and Reverses Order, Oct. 1, 2026. Abuse of Discretion Standard, Insufficiency of the Evidence, Statutory Construction/Interpretation, Compassionate Release.
• Eleventh Circuit Revives Pro Se Litigant’s § 1983 Lawsuit Despite His Three Strike Status Under the PLRA, Oct. 1, 2026. Filing Fees (PLRA), Frivolous Litigation (PLRA), Complaints, Abuse of Discretion Standard, Pro Se Issues.
• South Dakota Supreme Court Affirms Prisoner’s Simple Assault on Guard Conviction Despite Four-Second Skip in Surveillance Video Footage, Oct. 1, 2026. Jury Instructions, Double jeopardy, Failure to Object, Evidence - Integrity/Reliability of, Denial of Due Process.
• Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026. Summary Judgment, Discovery, Abuse of Discretion Standard.
• Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026. Consent Decrees, Failure to Treat (Mental Illness), Pretrial Detention and Detainees, Competency Hearing, Inadequate Health Care Facilities.
• Hawaii Supreme Court Announces False Evidence Standard Governs Post-Conviction Claims That Scientific Developments Invalidated Expert Testimony, Holding Prosecution Knowledge Not Required Under State Due Process Clause, Sept. 1, 2026. Forensic Sciences, Constitution, state, Evidence - Integrity/Reliability of, Expert and Opinion Testimony, Scientific Testimony or Evidence.
• 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. DNA Testing/Samples, Abuse of Discretion Standard, Statutory Construction/Interpretation.
• Louisiana Supreme Court Announces Framework Governing Factual Innocence Claims in First Application of La. C.Cr.P. Art. 926.2, Holding Second-Step Review Encompasses All Relevant Evidence, Aug. 1, 2026. Wrongful Conviction, Forensic Sciences, Actual Innocence/Claim of Innocence, Expert and Opinion Testimony, Scientific Testimony or Evidence.
• Florida Supreme Court Announces District Courts of Appeal Have Jurisdiction to Review Denial of Downward Departure Sentence, Holding Sentencing Order Is Final Order Appealable as Matter of Right, Aug. 1, 2026. Constitution, state, Appealable Issues/Orders, Abuse of Discretion Standard, Sentences - Adjustments and Departures, Authority and Jurisdiction.
• New Jersey Supreme Court Orders Plenary Hearing Before Special Adjudicator on Reliability of Fingerprint Evidence, Holding Century of Judicial Acceptance Did Not Satisfy Trial Court’s Gatekeeping Obligation Under N.J.R.E. 702, Aug. 1, 2026. Forensic Sciences, Evidence - Integrity/Reliability of, Daubert Standards, Fingerprint Evidence, Expert and Opinion Testimony.