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 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:

• 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.
• Relevant Conduct: How Federal Sentencing Law Punishes More Than the Crime of Conviction, Aug. 1, 2026. U.S. Sentencing Guidelines, Prior Conviction/Sentence/Incarceration, Plain Error, Acquitted Conduct/Uncharged Crimes/Dismissed Counts, Relevant Conduct.
• 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.
• Delaware Supreme Court Announces Adoption of ABA Standard 3-6.5(b) Governing Prosecutors’ Opening Statements, Reverses Murder Convictions Based on Prosecutor’s References to Co-Defendant’s Guilty Plea, May 1, 2026. Evidence - Admissibility, Improper Comments, Plain Error, Fair Trial, Grounds for Relief.
• Colorado Governor Tells Lawmakers to Open New Prison, April 1, 2026. Corrections Corporation of America/CoreCivic, Cost of Prison Systems, Revocation Proceedings, Reduction of Prison Population.
• 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, April 1, 2026. Administrative Exhaustion, Fourteenth Amendment, rights, Revocation/Modification of Probation, etc., Revocation Proceedings, Authority and Jurisdiction.
• One in 10 Prison Admissions Is Now for Technical Parole Violation, March 1, 2026. Parole Conditions, State Legislation, Restrictions, discrimination, Revocation Proceedings.
• Fifth Circuit Holds Texas Sexual Assault of a Child Statute Sweeps More Broadly Than Federal SORNA Tier Offenses, March 1, 2026. Sex Offender Registration and Notification Act, Qualifying Offenses, Plain Error, Elements of Offense, Miscalculation of the Guidelines Sentencing Range.
• New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026. Background Evidence, Prejudice - Potential for Undue, Bad Acts Evidence, Improper Comments, Plain Error.