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 Richard Resch:

• Barred Before the Merits: A Federal Prisoner’s Guide to Federal Habeas Relief, Oct. 15, 2026
• Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026
• 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, Aug. 1, 2026
• Relevant Conduct: How Federal Sentencing Law Punishes More Than the Crime of Conviction, Aug. 1, 2026
• New Mexico Supreme Court Announces Article II, Section 10 Exclusionary Rule Governs Admissibility of Evidence Seized Outside State by Non-New Mexico Officers, Aug. 1, 2026
• Surveillance for Sale: The Data Broker Loophole and the Fourth Amendment After Chatrie, July 1, 2026
• Retroactive Guideline Amendments: The Narrow Path to a Federal Sentence Reduction, July 1, 2026
• SCOTUS Announces Accessing Google Location History Data Constitutes a Fourth Amendment Search, Holding That Neither Brief Duration Nor Third-Party Storage Negates Reasonable Expectation of Privacy in Cellphone Location Information, July 1, 2026
• Your DNA Was at the Scene, But You Weren’t: How Touch DNA Is Convicting the Innocent, June 1, 2026
• U.S. Sentencing Commission: 2026 Amendments to the Federal Sentencing Guidelines, June 1, 2026

More from these topics:

• Colorado Grants, Then Revokes Earned Time Credits, Oct. 1, 2026. Rehabilitation/Recidivism, Prior Conviction/Sentence/Incarceration, Credits, Concurrent and Consecutive Sentences.
• BOP Deputy Director and Former Prisoner Resigns After Just One Year, Sept. 1, 2026. DOC/BOP misconduct, Pardons/Clemency, Bureau of Prisons (BOP), Prior Conviction/Sentence/Incarceration.
• 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.
• 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.
• Second Circuit Clarifies Limits on Sentencing Court’s Use of Unrelated Co-Defendant Conduct as § 3553(a) “Context”, June 1, 2026. Statement of Reasons, Plain Error, Factors To Be Considered, 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.
• Sixth Circuit Announces Predetermining a Supervisee’s Revocation Term of Imprisonment at an Earlier Violation Hearing Renders the Resulting Sentence Both Procedurally and Substantively Unreasonable, June 1, 2026. Revocation Proceedings, Plain Error, Reasonableness of Sentence, Factors To Be Considered.
• Fifth Circuit Announces Enhanced Supervised Release Provision Under 18 U.S.C. § 3583(k) Does Not Apply to Assimilative Crimes Act Offenses, Limiting Statutory Maximum to Five Years Under § 3583(b), June 1, 2026. Waiver of Appeal Rights, Preservation of Appellate Rights/Issues, Statutory Construction/Interpretation, Sentence, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
• Arrests of Unhoused People Driving Albuquerque Jail Bookings, May 1, 2026. Government Misconduct, Statistics/Trends, Jail Specific, housing, Prior Conviction/Sentence/Incarceration.
• 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.