More from this issue:

1. Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, by Richard Resch
2. Federal Habeas Quick Reference Guide for State Prisoners
3. 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, by David Kim
4. Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, by David M. Reutter
5. 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, by David Kim
6. 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, by Douglas Ankney
7. 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, by David Kim
8. Seventh Circuit Announces Generic Conspiracy Under U.S.S.G. § 4B1.2 Requires Bilateral Agreement, Holding Indiana Conspiracy Convictions Cannot Qualify as Crimes of Violence, by David M. Reutter
9. 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, by David Kim
10. Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, by Douglas Ankney
11. Connecticut Supreme Court Holds Trial Counsel Ineffective for Failing to Challenge Misleading CSLI GeoTime Video, by David Kim
12. Michigan Supreme Court Announces Two-Step Test for Mandatory LWOP Imposed for Pre-Aaron Felony Murder, by David Kim
13. Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, by Douglas Ankney
14. 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:

• California Court of Appeal Finds Trial Court Abused Discretion in Denying Prisoner Compassionate Release and Reverses Order, Oct. 1, 2026. Abuse of Discretion Standard, Insufficiency of the Evidence, Statutory Construction/Interpretation, Compassionate Release.
• Eleventh Circuit Revives Pro Se Litigant’s § 1983 Lawsuit Despite His Three Strike Status Under the PLRA, Oct. 1, 2026. Filing Fees (PLRA), Frivolous Litigation (PLRA), Complaints, Abuse of Discretion Standard, Pro Se Issues.
• $4,000 Awarded to Ohio Prisoner for Denied Records Requests, Oct. 1, 2026. Damages, Retroactivity, Public Records Act, Statutory Construction/Interpretation.
• Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026. Summary Judgment, Discovery, Abuse of Discretion Standard.
• Washington DOC Barred from Putting Prisoners on Lockdown and Calling It “Programming”, Sept. 1, 2026. Prison Labor, Liberty Interests, Notice of Rules, Lockdowns, Statutory Construction/Interpretation.
• Seventh Circuit Announces Generic Conspiracy Under U.S.S.G. § 4B1.2 Requires Bilateral Agreement, Holding Indiana Conspiracy Convictions Cannot Qualify as Crimes of Violence, Sept. 1, 2026. Conspiracies, Attempts, Solicitations, Qualifying Offenses, Statutory Construction/Interpretation, Sentence Enhancements/Departures, Predicate Acts/Offenses.
• Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026. Prison Labor, Control Units/SHU/Solitary Confinement, Statutory Construction/Interpretation, Immigration Detention, Monell Liability.
• New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026. Disclosure of Records, Public Records, Public Records Act, Statutory Construction/Interpretation, Authority and Jurisdiction.
• Ohio Supreme Court Announces Post-Verdict Judgment of Acquittal Is Not “Final Verdict” Under R.C. 2945.67(A) and Overrules Contrary Precedent, Holding State May Appeal Such Judgment by Leave of Court of Appeals but Not as of Right, Aug. 1, 2026. Double jeopardy, Appealable Issues/Orders, New Trial/Judgment of Acquittal, Statutory Construction/Interpretation.
• Florida Supreme Court Announces District Courts of Appeal Have Jurisdiction to Review Denial of Downward Departure Sentence, Holding Sentencing Order Is Final Order Appealable as Matter of Right, Aug. 1, 2026. Constitution, state, Appealable Issues/Orders, Abuse of Discretion Standard, Sentences - Adjustments and Departures, Authority and Jurisdiction.