More from this issue:

1. Beyond Geofence Warrants: Chatrie, Reverse-Location Surveillance, and the Fourth Amendment Fight Over Digital Dragnets, by Richard Resch
2. 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, by David Kim
3. First Circuit Vacates Drug Courier’s Sentence, Holding District Court Erred by Failing to Conduct Proper Comparative Culpability Analysis Under § 3B1.2 When It Excluded Other Participants in Drug Shipment From Universe of Comparators, by David M. Reutter
4. Chronotype Mismatch as an Emerging Vulnerability Factor in Custodial Confessions, by David Kim
5. 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, by Douglas Ankney
6. Oregon Supreme Court Announces Trial Courts Must Give Complete Oral Final Jury Instructions at Conclusion of Trial, Preliminary Instructions Cannot Substitute for the ORCP 59 B Charge, by David Kim
7. Sixth Circuit Announces Federal Coercion and Enticement Statute Requires Knowledge of Victim’s Minor Status, Deepening Circuit Split, by Douglas Ankney
8. Colorado Supreme Court Holds Prosecutor’s Interlocutory Appeal of Evidentiary Ruling Lacked Arguable Merit, Did Not Toll Speedy Trial Deadline, and Violated Defendant’s Right to Speedy Trial, by David Kim
9. Texas Court of Criminal Appeals Holds Grand Jury No-Bill Terminated Sixth Amendment Right to Counsel, Clarifies Frye Exception, by David Kim
10. Fourth Circuit Holds Officer’s Firearms Questioning at Outset of Traffic Stop Exceeded Permissible Scope Where Officer Abandoned Stop’s Purpose From Inception and Totality of Circumstances Did Not Support Officer-Safety Justification, by David Kim
11. Uncounted COVID Deaths Reveal a Troubling Truth About Official Death Records, by Jo Ellen Nott
12. The Recycled Police Officer: Research Reveals High Cost of Ignoring Prior Misconduct, by Jo Ellen Nott
13. California Supreme Court Announces § 189(e)(2) Requires Nonkiller to Aid the Actual Killer in the Lethal Act, Resolving Appellate Split, by David Kim
14. Colorado Limits the Use of Faulty Field Drug Tests, by Jo Ellen Nott
15. Texas Court of Criminal Appeals Announces That Warrantless-Arrest Statutes Conditioning Authority on an Offense Within an Officer’s “Presence or View” Require Actual Contemporaneous Sensory Perception, by David Kim
16. Guilty Until Proven Innocent: The Due Process Risks of Automated Traffic Enforcement, by Jo Ellen Nott
17. Louisiana Supreme Court Announces Strickland Governs Collateral Claims That Defense Counsel Prevented Defendant From Testifying, by David Kim
18. 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, by Douglas Ankney
19. Connecticut Supreme Court Announces Extension of Brady Obligations to Same-Office Impeachment Evidence, by David Kim
20. NEWS IN BRIEF

More from David Kim:

• Ninth Circuit Holds Martinez May Excuse Nevada’s Timeliness and Successive-Petition Bars for Trial Ineffective Assistance Claims, Oct. 1, 2026
• Tenth Circuit Announces Valid Checks Alone Insufficient for § 1344(2) Bank Fraud, Holding Alleged Failure to Disclose Plausible Defense Warrants § 2255 Hearing, Oct. 1, 2026
• Eleventh Circuit Announces Concealed Firearm Possession Alone Insufficient for Reasonable Suspicion Under Florida’s Amended Concealed-Carry Law, Oct. 1, 2026
• 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
• Hawaii Supreme Court Announces False Evidence Standard Governs Post-Conviction Claims That Scientific Developments Invalidated Expert Testimony, Holding Prosecution Knowledge Not Required Under State Due Process Clause, Sept. 1, 2026
• Alaska Supreme Court Announces “Stop and Clarify” Rule Under Article I, Sections 9 and 11 of Alaska Constitution, Holding Officers Must Cease Questioning and Clarify Ambiguous Post-Waiver Request for Counsel, Sept. 1, 2026
• California Supreme Court Announces Article I, Section 28(f)(3) Does Not Authorize Denial of Bail Beyond Offenses Specified in Section 12, Holding Bail Must Generally Be Set in Amount Reasonably Attainable for Defendant, Sept. 1, 2026
• Connecticut Supreme Court Holds Trial Counsel Ineffective for Failing to Challenge Misleading CSLI GeoTime Video, Sept. 1, 2026
• Michigan Supreme Court Announces Two-Step Test for Mandatory LWOP Imposed for Pre-Aaron Felony Murder, Sept. 1, 2026
• Buried in Plain Sight: How Digital Discovery Turns Disclosure Itself Into Concealment, Aug. 15, 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.
• Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026. Self-Incrimination Clause, Plain/Harmless Error, Right to Testify/Remain Silent.
• California Court of Appeal Announces Defendants Who Exercise Right to Jury Trial on Aggravating Circumstances Are Entitled to Closing Argument by Counsel on Those Factors, July 1, 2026. Sixth Amendment, Counsel - Constructive denial of, Possession or Use of Firearms, Sentences - Adjustments and Departures, Grounds for Relief.
• Louisiana Supreme Court Announces Strickland Governs Collateral Claims That Defense Counsel Prevented Defendant From Testifying, May 1, 2026. Fourteenth Amendment, rights, Strickland Standard, Failure to Address/Advise Defendant, Grounds for Relief, Right to Testify/Remain Silent.
• 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.
• Montana Supreme Court Holds Defendant’s Sentence Must Be Vacated Where District Court Premised Sentence on Defendant’s Exercise of Constitutional Rights to Jury Trial, Silence, and Against Self-Incrimination, April 1, 2026. Fifth Amendment, Sixth Amendment, Self-Incrimination Clause, Right to Testify/Remain Silent, Acceptance of Responsibility.
• Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026. Evidentiary Claims, Abuse of Discretion Standard, Expert and Opinion Testimony, Competency Hearing, Denial of Due Process.
• Washington Supreme Court Holds Courts Must Meaningfully Consider Youth When Assessing Miranda Waiver and Clarifies That Res Gestae Exception Requires Temporal Proximity to Charged Crime, Feb. 1, 2026. Police Interrogations, Juvenile Offenses/Offenders, Bad Acts Evidence, Custodial Interrogations, Denial of Due Process.
• Illinois Supreme Court Announces Six-Element Jeffries Test Governs Self-Defense Jury Instructions in Cases Involving Force Against Police Officers, Rejecting Appellate Court Approaches That Either Created Separate Threshold Inquiry or Automatically Requir, Feb. 1, 2026. Excessive Force (Police), Abuse of Discretion Standard, Jury Instructions in Jury Room, Plain/Harmless Error, Factual Disputes/Findings.
• Aphantasia: Why Truthful Witnesses Can Sound Like Liars, Jan. 1, 2026. Jury Instructions, False Statements/Perjury, Self-Authentication, Voir Dire, Evidence - Integrity/Reliability of, Eyewitness Identification, Character/Reputation/Propensity.