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 Chuck Sharman:

• $3.75 Million Paid by Wisconsin After Mentally Ill Prisoner Dies of Dehydration, Oct. 1, 2026
• Ninth Circuit Rules Favorably for Washington Prisoner Whose Writing Submission Was Censored, Oct. 1, 2026
• California Supreme Court Bail Ruling Cuts Some Jail Headcounts, Oct. 1, 2026
• $700,000 Paid by West Virginia for Jail Death, Claims Against Wexford Health Pending, Oct. 1, 2026
• BOP Prisoner’s Claim Over Denied Medical Care Ruled Impermissible Bivens Extension, Oct. 1, 2026
• $250,000 Paid by Nevada to Former Prisoner Denied Colonoscopy Who Developed Stage IV Cancer, Oct. 1, 2026
• $5 Million Paid by Washington for Attempted Rape of Seattle Woman by Mentally Ill Prisoner Released to Halfway House, Oct. 1, 2026
• Prisoners At Indiana’s “Speedway Slammer” Settle Conditions Suits for $1.2 Million, Whistleblower Alleges Staff Mistreatment, Oct. 1, 2026
• $4,000 Awarded to Ohio Prisoner for Denied Records Requests, Oct. 1, 2026
• Maryland Pays $314,000 for Stonewalling Public Records Requests in Prisoner’s Dehydration Death, Oct. 1, 2026

More from these topics:

• Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
• $13 Million Awarded to Exonerated Illinois Prisoner Tortured to Confess by Corrupt Cops, Aug. 1, 2026. Police Misconduct, Wrongful Conviction, Certificate of Innocence, False Imprisonment, Confessions - Coerced.
• 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, Aug. 1, 2026. Wrongful Conviction, Forensic Sciences, Actual Innocence/Claim of Innocence, Expert and Opinion Testimony, Scientific Testimony or Evidence.
• San Diego Guard Who Fatally Shot Fleeing Detainee Sentenced to 12 Years in Prison, July 1, 2026. Police Misconduct, Shootings, Excessive Force (Wrongful Death), Excessive Force (Police), Wrongful Use of Force.
• Safety of “The Wrap” Restraint Device Questioned Amid Fatalities and Criticism From Medical Experts, July 1, 2026. Police Misconduct, Failure to Treat, Restraints, Police--Excessive Force, Federal Legislation.
• Jury Awards Over $24.4 Million to Kentucky Prisoner Exonerated After 22 Years, Bringing Total Payout for Him and Co-Defendant to Almost $45 Million, June 1, 2026. Police Misconduct, Wrongful Conviction, Monell Liability, Fabrication of Evidence, Failure to Disclose.
• Exonerated Texas Prisoner Entitled to $1.68 Million After 22 Years of Wrongful Incarceration, May 1, 2026. Wrongful Conviction, Wrongful Imprisonment, Actual Innocence/Claim of Innocence, Failure to Consult/Investigate/Raise, Expert and Opinion Testimony.
• The Recycled Police Officer: Research Reveals High Cost of Ignoring Prior Misconduct, May 1, 2026. Harassment by Police, Police Misconduct, Statistics/Trends, Excessive Force (Police), Police/Govt Misconduct.
• Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.
• Utah Supreme Court Announces Framework for Analyzing Combined Brady and Napue Violations, Affirms Postconviction Relief in Capital Murder Case, Jan. 1, 2026. Police Misconduct, Prosecutor/Attorney General Misconduct, Perjury/Perjured Testimony, Constructive/Imputed/Presumed knowledge, Brady/Giglio/Jencks Act Issues.