More from this issue:

1. Your DNA Was at the Scene, But You Weren’t: How Touch DNA Is Convicting the Innocent, by Richard Resch
2. Minnesota Supreme Court Announces Heightened Voluntariness Inquiry Required for Contingent Guilty Pleas and Holds Plea Withdrawal Is the Proper Remedy When District Court Fails to Probe Coercion Risk, by David M. Reutter
3. Second Circuit Clarifies Limits on Sentencing Court’s Use of Unrelated Co-Defendant Conduct as § 3553(a) “Context”, by David Kim
4. Florida Supreme Court Announces “Results” of Postconviction DNA Testing Under § 925.11 Include Underlying Testing Data Necessary for Expert Analysis, Holding That No Additional Burden Applies Once a Motion for Testing Has Been Granted, by David M. Reutter
5. U.S. Sentencing Commission: 2026 Amendments to the Federal Sentencing Guidelines, by Richard Resch
6. 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, by David M. Reutter
7. 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), by Douglas Ankney
8. California Court of Appeal: Vehicle Impoundment Solely to Prevent Further Unlicensed Driving Does Not Satisfy Fourth Amendment’s Community Caretaking Exception; Statutory Authorization Alone Insufficient to Establish Constitutional Reasonableness, by Douglas Ankney
9. Ninth Circuit Announces Remmer Presumption of Prejudice Governs When Racially Biased Juror Participates in Deliberations but Is Excused Before Trial Court Accepts Verdict, by David Kim
10. 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, by Douglas Ankney
11. Massachusetts Supreme Judicial Court Announces Totality-of-the-Circumstances Framework for Evaluating Delayed Traffic Stops Under Article 14, Holding 24-Hour Gap Between Observed Infraction and Vehicle Stop Was Unreasonable, by Douglas Ankney
12. California Supreme Court Announces Failure to Challenge Ambiguous Jury Instructions on Imputed Malice in a Prior Direct Appeal Does Not Categorically Bar Resentencing Relief Under Penal Code § 1172.6, by David Kim
13. South Carolina Supreme Court Announces Penile Plethysmograph Results Are Inadmissible Until Underlying Science Becomes Standardized, Affirming Reversal of Sexually Violent Predator Commitment, by David Kim
14. Fourth Circuit Announces ICE’s Execution of a Removal Warrant Following a Final Removal Order Does Not Constitute a “Pending Proceeding” Under 18 U.S.C. § 1505, Vacating Noncitizen’s Obstruction Conviction in Issue of First Impression, by Douglas Ankney
15. SCOTUS Announces Sentencing Disparities Created by Nonretroactive Statutory Amendments Cannot Constitute Extraordinary and Compelling Reasons for Compassionate Release, by Richard Resch
16. The Constitution for Sale: FBI Confirms Resumption of Data Broker Dragnets, by Jo Ellen Nott
17. NEWS IN BRIEF

More from David M. Reutter:

• Class Action Certified in Lawsuit Alleging Raw Sewage Presence in Washington Jail, Oct. 1, 2026
• South Carolina Supreme Court Reverses Class Action Status in Prisoners’ Sexual Assault Lawsuit, Oct. 1, 2026
• Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026
• Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026
• New Mexico Supreme Court Announces Reasons-for-Delay Analysis Must Assess State’s Own Responsibility Rather Than Compare Parties’ Delay and Abrogates Precedent Employing Party-to-Party Offsets, Oct. 1, 2026
• Report Finds State Prison Systems Fail to Provide Adequate Assistance to Obtain Release Documentation, Oct. 1, 2026
• Eleventh Circuit Affirms Refusal to Expand Bivens to Claim Alleging Federal Prisoner Died from Denial of Treatment for Hepatitis C, Oct. 1, 2026
• Ninth Circuit Reverses Dismissal of Prisoner’s ADA Complaint Alleging Denial of Toileting and Hygiene Services, Oct. 1, 2026
• Virginia Report Finds Deaths Increasing as Prison Population Ages, Oct. 1, 2026
• Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026

More from these topics:

• 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.
• 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. Deportation/Removal/Exclusion, Awareness of Consequences, Knowingly and Voluntarily Made, Grounds For Withdrawal.
• SCOTUS Announces Appeal Waivers in Plea Agreements Unenforceable When Enforcement Would Produce a Miscarriage of Justice, Adopting Majority Circuit Approach, July 1, 2026. Involuntary Treatment/Drugging, Knowingly and Intelligently, Preservation of Appellate Rights/Issues, Special Conditions, Knowingly and Voluntarily Made, Validity of.
• Supreme Court of Appeals of West Virginia Announces Six-Factor Test for Evaluating Presentence Motions to Withdraw Guilty Pleas Under Rule 32(e), Holds Binding Plea Agreement Does Not Extinguish Defendant’s Ability to Seek Withdrawal, July 1, 2026. Knowingly and Voluntarily Made, Withdrawal, Grounds For Withdrawal, Acceptance/Rejection by the Court, Validity of.
• 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.
• Fourth Circuit Announces Defendant Has Standing to Appeal Based Solely on Rogers–Singletary Claim of a “Material Discrepancy Between” Written and Orally Articulated Judgment at Sentencing, May 1, 2026. Failure to Object, Appealable Issues/Orders, Warrantless Searches, Reasonable Suspicion, Special Conditions.
• Colorado Limits the Use of Faulty Field Drug Tests, May 1, 2026. Forensic Sciences, Drugs - Determination of, Evidence - Integrity/Reliability of, Drug Laws/Offenses, Knowingly and Voluntarily Made.
• Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026. De Novo Resentencing, Statutory Construction/Interpretation, Appellate Jurisdiction/Review, Grounds For Withdrawal, Validity of.
• 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, April 1, 2026. Procedural Error, Failure to Object, Abuse of Discretion Standard, Jury Selection, Juror Challenges.
• Fourth Circuit Clarifies Revocation Appeal Provides “Procedurally Appropriate Mechanism” for Raising Rogers Challenge to Unannounced Supervised Release Conditions, Vacates Revocation Judgment Based on Null Standard Conditions, March 1, 2026. Waiver of Appeal Rights, Failure to Object, Revocation Proceedings, Conditions of, Plain Error.