More from this issue:

1. Buried in Plain Sight: How Digital Discovery Turns Disclosure Itself Into Concealment, by David Kim
2. New Jersey Supreme Court Announces Brady and Carter Materiality Standards Differ, Holding Carter’s “Probably Change the Jury’s Verdict” Test for New Trial More Stringent Than Brady’s “Reasonable Probability” Standard, by David Kim
3. 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, by Douglas Ankney
4. En Banc Eleventh Circuit Announces All Parents, Including Those Convicted of Child-Sex Offenses, Enjoy Fundamental Right to Live With Their Children, Holding Alabama Residency Prohibition Subject to Strict Scrutiny, by Douglas Ankney
5. Seventh Circuit Announces Courts May Examine Individual Officer’s Subjective Purpose When Assessing Whether Warrantless Administrative Inspection Was Pretextual, Holding Suppression Required Where Trooper’s Sole Motive for Stop Was Criminal Investigati, by Douglas Ankney
6. Hawai’i Supreme Court Announces Totality-of-the-Circumstances Good-Cause Standard Governing State Motions to Continue Based on Witness Unavailability, by David M. Reutter
7. Massachusetts Supreme Judicial Court Announces Postconviction Forensic Testing Statute Permits Digital Forensic Analysis of Cellphones, Holding Chapter 278A Not Limited to Tangible Evidence Testable for Biological Material, by Richard Resch
8. SCOTUS Holds § 922(g)(3) Prosecution Based Solely on Regular Marijuana Use, Without Individualized Proof of Dangerousness, Violates Second Amendment, by Douglas Ankney
9. FBI Approves Rapid DNA Workflow for CODIS, by Jo Ellen Nott
10. Relevant Conduct: How Federal Sentencing Law Punishes More Than the Crime of Conviction, by Richard Resch
11. Ohio Supreme Court Announces Post-Verdict Judgment of Acquittal Is Not “Final Verdict” Under R.C. 2945.67(A) and Overrules Contrary Precedent, Holding State May Appeal Such Judgment by Leave of Court of Appeals but Not as of Right, by David Kim
12. Pennsylvania Supreme Court Announces Theft by Deception Is Not Continuing Offense While Receiving Stolen Property Continues Only Until Defendant Disposes of Stolen Property, by David M. Reutter
13. Michigan Supreme Court Holds Miranda Waiver Invalid Where LSD-Intoxicated, Hospitalized Defendant Lacked Capacity to Understand Rights Read to Him, by David Kim
14. 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, by David M. Reutter
15. New Mexico Supreme Court Announces Article II, Section 10 Exclusionary Rule Governs Admissibility of Evidence Seized Outside State by Non-New Mexico Officers, by Richard Resch
16. Virtual Reality Intervention Improves Police-Interaction Skills for Autistic Individuals, by Jo Ellen Nott
17. Ninth Circuit Announces Murder-for-Hire Resulting in Death Under 18 U.S.C. § 1958(a) Is Not Categorically Crime of Violence and Cannot Serve as Predicate Offense for Solicitation Under 18 U.S.C. § 373(a), by David Kim
18. 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, by David M. Reutter
19. Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, by David M. Reutter
20. NEWS IN BRIEF

More from David Kim:

• Ninth Circuit Holds Martinez May Excuse Nevada’s Timeliness and Successive-Petition Bars for Trial Ineffective Assistance Claims, Oct. 1, 2026
• Tenth Circuit Announces Valid Checks Alone Insufficient for § 1344(2) Bank Fraud, Holding Alleged Failure to Disclose Plausible Defense Warrants § 2255 Hearing, Oct. 1, 2026
• Eleventh Circuit Announces Concealed Firearm Possession Alone Insufficient for Reasonable Suspicion Under Florida’s Amended Concealed-Carry Law, Oct. 1, 2026
• 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
• 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
• Alaska Supreme Court Announces “Stop and Clarify” Rule Under Article I, Sections 9 and 11 of Alaska Constitution, Holding Officers Must Cease Questioning and Clarify Ambiguous Post-Waiver Request for Counsel, Sept. 1, 2026
• California Supreme Court Announces Article I, Section 28(f)(3) Does Not Authorize Denial of Bail Beyond Offenses Specified in Section 12, Holding Bail Must Generally Be Set in Amount Reasonably Attainable for Defendant, Sept. 1, 2026
• Connecticut Supreme Court Holds Trial Counsel Ineffective for Failing to Challenge Misleading CSLI GeoTime Video, Sept. 1, 2026
• Michigan Supreme Court Announces Two-Step Test for Mandatory LWOP Imposed for Pre-Aaron Felony Murder, Sept. 1, 2026
• Buried in Plain Sight: How Digital Discovery Turns Disclosure Itself Into Concealment, Aug. 15, 2026

More from these topics:

• Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
• Ohio Supreme Court Announces Post-Verdict Judgment of Acquittal Is Not “Final Verdict” Under R.C. 2945.67(A) and Overrules Contrary Precedent, Holding State May Appeal Such Judgment by Leave of Court of Appeals but Not as of Right, Aug. 1, 2026. Double jeopardy, Appealable Issues/Orders, New Trial/Judgment of Acquittal, Statutory Construction/Interpretation.
• New Jersey Supreme Court Announces Brady and Carter Materiality Standards Differ, Holding Carter’s “Probably Change the Jury’s Verdict” Test for New Trial More Stringent Than Brady’s “Reasonable Probability” Standard, Aug. 1, 2026. New Trial/Judgment of Acquittal, Failure to Disclose, Evidence - Failure to Disclose, Brady/Giglio/Jencks Act Issues, Withholding of Exculpatory Evidence.
• 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.
• SCOTUS Holds Federal Habeas Court May Not Consider Post-Trial DNA Evidence That Was Never Presented to Jury When Assessing Whether False Informant Testimony Influenced Verdict, July 1, 2026. AEDPA, Perjury/Perjured Testimony, Evidence - Failure to Disclose, Brady/Giglio/Jencks Act Issues, Withholding of Exculpatory Evidence.
• Illinois Supreme Court Announces State Common Law and Statutory Issue Preclusion Protections Exceed Federal Double Jeopardy Protections, Holding Currier v. Virginia Does Not Constrain Illinois’s Independent Doctrine, July 1, 2026. Double jeopardy, New Trial/Judgment of Acquittal, Statutory Construction/Interpretation.
• New York Prisoner, Paroled After 25 Years, Exonerated of Crime, June 1, 2026. Wrongful Conviction, Wrongful Imprisonment, Evidence - Failure to Disclose, Prosecutorial Threats, Brady/Giglio/Jencks Act Issues.
• Connecticut Supreme Court Announces Extension of Brady Obligations to Same-Office Impeachment Evidence, May 1, 2026. Perjury/Perjured Testimony, Evidence - Failure to Disclose, Constructive/Imputed/Presumed knowledge, Brady/Giglio/Jencks Act Issues, Exculpatory Evidence - Disclosure Obligations.
• Eleventh Circuit Announces Hobbs Act Robbery Requires Force Before or During Taking, Reversing Conviction Where Defendant Used Force Only After Co-Conspirator Had Surreptitiously Stolen Property and Departed, March 1, 2026. New Trial/Judgment of Acquittal, Theft, Statutory Construction/Interpretation, Predicate Acts/Offenses, Hobbs Act.
• Georgia Supreme Court Clarifies Framework for Evaluating Extraordinary Motions for New Trial Based on Scientific Developments, Holding Trial Court Applied Incorrect Legal Standard in Denying “Shaken Baby Syndrome” Challenge, Feb. 1, 2026. Forensic Sciences, New Trial/Judgment of Acquittal, Evidence - Integrity/Reliability of, Daubert Standards, Expert and Opinion Testimony.