More from this issue:

1. “I Have Nothing to Hide”: Why Innocent People Should Never Talk to Police, by Chuck Sharman
2. Fifth Circuit Holds Texas Sexual Assault of a Child Statute Sweeps More Broadly Than Federal SORNA Tier Offenses, by Douglas Ankney
3. Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, by David Reutter
4. Fifth Circuit Announces Long Vehicle Protective-Search Exception Requires Contemporaneous Facts Demonstrating Third Party’s Potential Dangerousness Before Warrantless Vehicle Search Is Permissible, by David Kim
5. Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, by David Reutter
6. Fourth Circuit Clarifies Two-Year Statute of Limitations Governs All § 1983 Claims Arising in West Virginia, Regardless of Underlying Tort or Survivability, by David Kim
7. 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, by David Reutter
8. Montana Supreme Court: Due Process Prohibits Courts From Relying on Unproven Charging Allegations When Imposing Sex Offender Registration Duty, Announces First-Impression Rule Limiting Review to Elements of Conviction, by David Kim
9. New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, by David Reutter
10. 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, by David Kim
11. Second Circuit Holds Exclusion of Evidence Corroborating Defendant’s Testimony About Third-Party Statements Bearing on Intent Was Error, Clarifying That Rule 404(b) Does Not Bar Non-Propensity Evidence Offered to Support Credibility, by David Kim
12. Delaware Supreme Court Announces Four-Part Plain Error Framework, Aligning Prejudice Standard With Federal Approach Requiring Reasonable Probability of Different Outcome, by Douglas Ankney
13. Oregon Supreme Court Announces Bright-Line Rule Requiring Dismissal Without Prejudice When State Fails to Appoint Counsel for Eligible Criminal Defendant Within 60 Days in Misdemeanor Cases or 90 Days in Felony Cases Post-Arraignment, by David Kim
14. A Critical Safeguard for the Accused: NIST’s New DNA Standard Challenges the Reliability of “Messy” Crime Scene Evidence, by Jo Ellen Nott
15. 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, by David Reutter
16. Hawaii Supreme Court Announces State Constitution Requires Law Enforcement to Record All Custodial Interrogations, Overruling Three-Decade-Old Precedent and Recognizing New Due Process Right, by Sagi Schwartzberg
17. The Unintentional Informant: Household Pets as Vectors of Human DNA, by Jo Ellen Nott
18. The “Free Trial” Police State, by Jo Ellen Nott
19. Acquitted Conduct Sentencing: Not Guilty – But Punished Anyway, by Douglas Ankney
20. by Jo Ellen Nott I n a significant victory for the reintegration of formerly incarcerated individuals and those with arrest records, Illinois Governor JB Pritzker signed House Bill 1836, known as the “Clean Slate” Act, on January 16, 2026. The legislation, by Jo Ellen Nott
21. 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:

• Barred Before the Merits: A Federal Prisoner’s Guide to Federal Habeas Relief, Oct. 15, 2026. Preservation of Appellate Rights/Issues.
• 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.
• Idaho Supreme Court Holds Conflicting Affidavits About Plea Acceptance Require Evidentiary Hearing on Ineffective-Assistance Claim, Oct. 1, 2026. Summary Disposition, Strickland Standard, Hearsay Evidence, Plea Agreements/Guilty Pleas.
• 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.
• 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.
• SCOTUS Reverses Mississippi Capital Conviction, July 1, 2026. Racial Discrimination, AEDPA, Preservation of Appellate Rights/Issues, Jury Selection, Batson Claims.
• 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.
• SCOTUS Holds Mississippi Supreme Court Unreasonably Applied Batson and Unreasonably Found Waiver Where Trial Court Skipped Third Step of Inquiry, July 1, 2026. AEDPA, Preservation of Appellate Rights/Issues, Equal Protection Clause/Claims, Batson Claims, Bias/Discrimination.
• 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.
• 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.