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 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:

• Ninth Circuit Refuses to Stay Injunction in Detainees’ Challenge to Conditions at California ICE Lockup, Oct. 1, 2026. GEO Group/Wackenhut, Sanitation, Injunctions, Fifth Amendment, Immigration Detention.
• Michigan Supreme Court Announces Two-Step Test for Mandatory LWOP Imposed for Pre-Aaron Felony Murder, Sept. 1, 2026. Life without Parole (LWOP), Sixth Amendment, Constitution, state, Cause and Prejudice, Elements of Offense.
• 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. Different Judge, Statement of Reasons, Plain Error, Reasonableness of Sentence, Self-Incrimination Clause.
• Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026. Self-Incrimination Clause, Plain/Harmless Error, Right to Testify/Remain Silent.
• South Carolina Supreme Court Announces Formal Adoption of Fourth Circuit’s Three-Step Cheek Framework for Evaluating Improper Third-Party Contacts With Jurors Under Remmer, Reverses Murdaugh Murder Convictions, and Overrules Ethier Regarding Juror Testim, July 1, 2026. Sixth Amendment, New Trial/Judgment of Acquittal, Impartial Jury, Jury Deliberations, Juror Misconduct Issues.
• California Court of Appeal Announces Defendants Who Exercise Right to Jury Trial on Aggravating Circumstances Are Entitled to Closing Argument by Counsel on Those Factors, July 1, 2026. Sixth Amendment, Counsel - Constructive denial of, Possession or Use of Firearms, Sentences - Adjustments and Departures, Grounds for Relief.
• California Supreme Court Announces Amended § 1170(b) Applies Retroactively to Plea-Bargained Upper Term Sentences, July 1, 2026. Retroactivity, Sixth Amendment, Statutory Construction/Interpretation, Grounds For Withdrawal, Validity of.
• Pennsylvania Supreme Court Announces Calling Known Recalcitrant Witness Before Jury Constitutes Reversible Error and Prosecutorial Misconduct Regardless of Whether Witness Expressly Invokes Fifth Amendment Privilege, Qualifying Contrary Precedent, June 1, 2026. Confrontation Clause/Rights, Prosecutorial Misconduct, Witnesses - Examination of, Self-Incrimination Clause, Plain/Harmless Error.
• Texas Court of Criminal Appeals Holds Grand Jury No-Bill Terminated Sixth Amendment Right to Counsel, Clarifies Frye Exception, May 1, 2026. Sixth Amendment, Confessions - Admissibility, After Request for Counsel, Police Interrogations, Voluntary Nature/Voluntariness.
• Louisiana Supreme Court Announces Strickland Governs Collateral Claims That Defense Counsel Prevented Defendant From Testifying, May 1, 2026. Fourteenth Amendment, rights, Strickland Standard, Failure to Address/Advise Defendant, Grounds for Relief, Right to Testify/Remain Silent.