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 Jo Ellen Nott:

• San Francisco Jail Survey Exposes Abuse, Malnutrition and Constitutional Violations, Oct. 1, 2026
• GEO Group Funnels Millions to Trump PAC Following Windfall ICE Contracts, Oct. 1, 2026
• CoreCivic’s Non-Binding Promises Leave Minnesota City Exposed, Oct. 1, 2026
• Fatal LAPD Arrests Show Systemic Failure in Handling Mental Health Crises, Oct. 1, 2026
• Ohio Finds Guards and Medical Staff Failed to Render Life-Saving CPR to Detainee, Sept. 1, 2026
• Troubled Illinois Lockup Sees Guard Abuses, Prisoners on Hunger Strike, Sept. 1, 2026
• $75 Million CoreCivic Contract to Reopen Minnesota Private Prison Creates Resistance from Activists and Lawmakers, Sept. 1, 2026
• Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026
• Michigan DOC Legal Payouts Top $7 Million in FY 2025, Less than One Percent of $2.15 Billion Operating Budget, Sept. 1, 2026
• Four Massachusetts Guards Face Charges for Assault on Prisoners During Brawl, Sept. 1, 2026

More from these topics:

• Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
• 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, Aug. 1, 2026. Warrantless Searches, Exception to Warrant Requirement, Pretextual Stops, Searches - Administrative, Suppression.
• 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. Warrantless Searches, Conflict of Laws/Decisions, State Constitutional Claims, Suppression, Exclusionary Rule.
• Surveillance for Sale: The Data Broker Loophole and the Fourth Amendment After Chatrie, July 1, 2026. Fourth Amendment, rights, Police State-Surveillance, Electronic Surveillance, Federal Funds, Tainted Funds.
• 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. Particularity Requirement, Probable Cause, Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Electronic Surveillance.
• Passive Data Transforms Smart Devices Into Covert Witnesses in a Silent Surveillance State, July 1, 2026. Forensic Sciences, Police State-Surveillance, Searches - Cellphones/Computers/Internet, Electronic Surveillance, Exclusionary Rule.
• 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, June 1, 2026. Warrantless Searches, Motions To Suppress, Searches - Inventory, Community Caretaking Exception/Doctrine, Seizure.
• New Jersey Supreme Court Announces Historical CSLI Must Be Presented Through Expert Testimony, Rejecting Lay Mapping of Cell-Tower Locations Because Interpreting CSLI Requires Technical and Specialized Knowledge Beyond “Ken” of Average Juror, May 1, 2026. Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Prejudice - Potential for Undue, Expert and Opinion Testimony, Scientific Testimony or Evidence.
• 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.
• Guilty Until Proven Innocent: The Due Process Risks of Automated Traffic Enforcement, May 1, 2026. Fourteenth Amendment, rights, Electronic Surveillance, Privacy Act/Rights, Authentication/Identification, Evidence - Integrity/Reliability of.