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Archive: 2019

August

• Law Enforcement Access To Consumer Genetics Needs to Be Closed by Bill Barton
• San Francisco launches experiment to curb racial bias
• New Tennessee Legislation Will Destroy Hundreds, Probably Thousands, of Families by Sandy Rozek

July

• Scientific Experts Urge Forensic Experts to Be More Objective by Dale Chappell
• News in Brief (p 42)
• Record Number of Exonerations Prompts Michigan AG to Create Conviction Integrity Unit by Douglas Ankney (p 42)
• $21 Million Settlement for Wrongfully Convicted Man Released After 39 Years in Prison by Douglas Ankney (p 42)
• Police, Prosecutor Misconduct Continues Unabated as Evidenced by Record Number of Exonerations in 2018 by Douglas Ankney (p 41)
• Report: Google Can Track You Even When Your Phone’s Off by Anthony Accurso (p 41)
• New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail by David Reutter (p 40)
• $270,000 Awarded to Grandmother Brutalized by Pennsylvania Cops by Edward Lyon (p 40)
• $1 Million Settlement for NYC Crime Lab Tech Who Blew Whistle on Use of Untested DNA Tests for Decades by Edward Lyon (p 39)
• Wisconsin Supreme Court Holds That Statute Doesn’t Require Habeas Petitioner to Plead Timeliness, Overruling Smalley v. Morgan by Douglas Ankney (p 38)
• Report Finds Lack of Reporting on Deaths in Law Enforcement Custody, Even After Landmark Legislation by Steve Horn (p 38)
• Study Details the Effect of Brain Scan Evidence on Sentencing by Anthony Accurso (p 37)
• NYC Program Helps Former Prisoners Realize Their Dream (p 37)
• ‘They need to be marked for life’ by Sandy Rozek (p 36)
• The FBI Polices Itself Like Kids Guarding a Candy Store by Edward Lyon (p 36)
• Fifth Circuit: Confrontation Clause Violated When Officer’s Testimony Relates Incriminating Information Received From Non-Testifying Informant by Douglas Ankney (p 35)
• Eighth Circuit Overlooks Procedural Default, Orders Immediate Release From Excessive ACCA Sentence Based on Prior Sex Offense by Michael Berk (p 34)
• New York City’s Bail Success Story by Bill Barton (p 34)
• Ninth Circuit: Running From Police Alone Doesn’t Give Rise to Reasonable Suspicion Justifying Stop and Frisk by Douglas Ankney (p 32)
• Georgia Supreme Court Announces New Evidence Code Abrogates Categorical Exclusionary Rule of Mallory by Douglas Ankney (p 32)
• Under Marsy’s Law, Police Using Violence Can Claim ‘Victim’ Status by Edward Lyon (p 32)
• Private Citizens Carrying Guns Commit Fewer Crimes Than Cops by Douglas Ankney (p 31)
• Massachusetts Supreme Court: Discharge From Civil Commitment 
Required When Examiners Conclude Defendant Is Not Sexually Dangerous by Douglas Ankney (p 30)
• FAMM, Washington Lawyers’ Committee, NACDL Launch Compassionate Release Clearinghouse (p 30)
• Seventh Circuit Orders Grant of Successive § 2255 Motion and 
Resentencing in Pre-Booker Mandatory Guidelines Case Involving Elements Clause’s Definition of ‘Crime of Violence’ by Chad Marks (p 29)
• West Virginia Supreme Court Announces Parole Eligibility Statute for Prisoners Who Committed Crimes as Minors is Retroactive by Douglas Ankney (p 28)
• California Supreme Court: Prop 47 Requires Dismissal of Conviction Based on a Predicate Felony That Is Later Reduced to a Misdemeanor by Douglas Ankney (p 28)
• Hawai’i Supreme Court Remands for Resentencing Where Circuit Court Considered Defendant’s Refusal to Admit Guilt in Imposing Consecutive Sentences by Douglas Ankney (p 27)
• Maryland Court of Appeals Rules That Courts Must Ask Non Compound ‘Strong Feelings’ Question Upon Request During Voir Dire by Douglas Ankney (p 26)
• Fourth Circuit: Cannot Substitute Career Offender Predicate on Collateral Review by Anthony Accurso (p 26)
• Court Extends McQuiggin Actual Innocence Exception to Defaulted Legal Claim, Vacates § 924(c) Conviction by Dale Chappell (p 25)
• Pennsylvania Supreme Court Holds Consent to Search Does Not Include K-9 Sniff When No K-9 Present When Consent Given and Wait 40 Minutes for Its Arrival by Dale Chappell (p 24)
• Fifth Circuit: Plain Error Requiring Resentencing Where Court Didn’t Give Defendant Chance to Speak at Sentencing Hearing and Prospective Allocution Provided Added Details to Lead Reasonable Judge to Reconsider Harsh Sentence by Michael Berk (p 24)
• Court Reporters Likely Fail to Accurately Transcribe Testimony for Speakers of ‘African American English’ by Anthony Accurso (p 22)
• Bucklew v. Precythe by Michael Avery (p 22)
• From the Editor: Compassionate Release for Extraordinary and Compelling Reasons by Richard Resch (p 18)
• Parole a Detriment to Rehabilitation; ‘Less Is More’ Reform Sensible by Kevin Bliss (p 17)
• Minnesota Supreme Court Holds ‘Stalking-by-Mail’ and ‘Mail-Harassment’ Statutes are Facially Overbroad by Douglas Ankney (p 16)
• Fifth Circuit: Denial of Habeas Petition as Successive Reversed Where Second Petition Challenges a Separate Judgment, by Same Court, Not Covered in First Petition by Chad Marks (p 16)
• ‘DNA Mixtures,’ ‘Touch DNA,’ and Software-Enhanced Forensic DNA Analysis by Michael Berk (p 14)
• Sixth Circuit Holds Chalking Car Tires for Parking Enforcement Constitutes a Search Under Fourth Amendment by Matthew Clarke (p 14)
• SCOTUS Announces Death of ‘Categorical Approach’ by Invalidating 18 U.S.C. § 924(c)(3)(B) as Unconstitutionally Vague by Richard Resch (p 12)
• Massachusetts Supreme Judicial Court: Consent to Search Does Not Attenuate Seized Evidence From Taint of Illegal Search of CSLI by Douglas Ankney (p 10)
• Exonerations: From Wrongful Conviction to Release and Beyond by Edward Lyon (p 1)
• Miranda Violation Required Suppression of Oregon BAC Results by Mark Wilson
• Possibility of Oregon Supreme Court Review Determined by Objective Considerations, Not Affidavits from Justices for IAC Prejudice by Mark Wilson
• Wrongful Death Suit Highlights 'Pattern' of Oregon Police Shooting Mentally Ill Homeless People by Mark Wilson
• Oregon Crime Victims and Prosecutors Lose Fight to Bulletproof Draconian Sentencing Law by Mark Wilson
• Oakland Police Department, of Officer-Involved Shooting, ‘Disappointing and Myopic’ by Kevin Bliss
• Tenth Circuit Discusses Standards for Armed Career Criminal Classification by David M. Reutter
• California’s Bail Reform Law Stymied by Big Business by Edward Lyon
• Idaho: ACLU Files Suit That Reveals Officials Misled Public About Costs Associated With Executions In State by Chad Marks
• Ohio Police Shoot Teen, Charge Girlfriend with his Murder
• Snohomish County Pays $1 Million Settlement in Death of Man in Chemical Cloud by Douglas Ankney
• Groups Challenge Face Recognition Algorithm in Florida Case by Kevin Bliss

June

• FAMM, Washington Lawyers’ Committee, NACDL Launch Compassionate Release Clearinghouse by FAMM
• Unanimous Vermont Supreme Court Finds State Liable for Discriminatory Search and Seizure by Matthew Clarke
• Taxpayers Foot Bill After Man Beaten by Cops and Ignored by CMC Loses Leg by Dale Chappell
• Study Questions the Reliance on Comparison Testimony at Trial by Dale Chappell
• Federal Court Upholds Antiquated Virginia Law Allowing Jail Time for Being Near Alcohol by Dale Chappell
• Caught by the Hair: New Forensic Tool Could Differentiate People by Douglas Ankney
• Florida Judge Rejects ‘Slap on the Wrist’ Sentencing by Kevin Bliss
• Wrongfully Convicted Detroit Man Who Spent 25 Years in Prison Files $125M Suit Alleging Detective Falsified Evidence by Chad Marks
• Police, Prosecutors Use Asset Forfeitures to Lease SUVs, Customize Motorcycles, Install WiFi at Home, and More by Douglas Ankney
• It’s Bad Journalism to Take Cops at Their Word by Matthew McLoughlin
• Arizona Man Faces Deportation After Filing Lawsuit Against Coconino County Sheriff by Lauren Gill
• Supreme Court Declines Deciding Whether Parking Violation Justifies Seizure of Vehicle by Matthew Clarke
• News in Brief (p 42)
• Another Life Ruined as a Result of a Bad Cop and Failure to Follow Policy by Douglas Ankney (p 42)
• Stop Peeking Inside the Black Box (p 41)
• Over a Year After Cook County Bail Reform, Jails Are Still Full by Dale Chappell (p 41)
• $250,000 Awarded to Woman Who Spent 96 Days in Jail by Douglas Ankney (p 41)
• Getting Rid of the ‘X’ by Jayson Hawkins (p 40)
• FBI Using Private Ancestry Databases to Zero in on Suspects by Edward Lyon (p 40)
• Misconduct Suits Against New York City Police Department on the Rise by Douglas Ankney (p 39)
• Study: Technology Creates and Embeds Bias in the Criminal Justice System by Douglas Ankney (p 39)
• Modern Forensics Findings Not Always 100 Percent Reliable by Edward Lyon (p 38)
• Police Want Unfettered Access to Consumer DNA Databases by Kevin Bliss (p 38)
• Court’s in Session: The Honorable Algorithm Presiding by Douglas Ankney (p 37)
• Prosecutors Use Blacklists to Keep Dishonest Officers out of the Courtroom by Kevin Bliss (p 37)
• Taking Pictures in the Dark: Florida Police Not Forthcoming About Investigations Using Facial Recognition Software by Douglas Ankney (p 36)
• Killer Cops and Vilified Victims by Jayson Hawkins (p 36)
• Ohio Mayor’s Courts Are Huge Sources of Unjust Revenues by Edward Lyon (p 35)
• In a Rare Move, California Court of Appeal Discharges Prisoner from All Forms of Custody, Including Parole, After Finding Time Served in Prison Grossly Disproportionate to His Offense by Douglas Ankney (p 34)
• Fourth Circuit Tosses Evidence Discovered by Illegal GPS Tracker by Dale Chappell (p 34)
• Hawai’i Supreme Court: Cumulative Effect of Multiple Instances of Prosecutorial Misconduct Requires Reversal by Douglas Ankney (p 32)
• D.C. Circuit Holds Expert’s False Testimony ‘Material,’ Allowing Challenge to Four-Decade-Old Murder Conviction by Dale Chappell (p 32)
• Ninth Circuit Rules Robbery Committed Alone by Gang Member Not Enough for California Gang Enhancement, Despite Testimony of Gang Expert by Dale Chappell (p 31)
• Fourth Circuit Rules Assault on Government Official Under North Carolina Statute Not a ‘Crime of Violence’ by Chad Marks (p 30)
• Eighth Circuit: Forfeited Claim of Miscalculated Criminal History Score Is Reviewable Under Plain Error Standard by Douglas Ankney (p 30)
• Violence in the House: Studies Find Cops’ Families Live Dangerous Lives by Edward Lyon (p 33)
• Ohio Supreme Court: Plea Defendant Must Be Informed of Maximum Penalty for Postrelease-Control Violation Prior to Pleading Guilty to a New Felony by David Reutter (p 28)
• Police Avoid Negative Publicity by Routinely Withholding Body-Cam Footage by Kevin Bliss (p 28)
• Indiana Supreme Court: IAC Where Lawyer Marks ‘Not Applicable’ to Immigration Consequences Warning on Court’s Advisement Form Without Knowing Client’s Immigration Status by David Reutter (p 27)
• New Jersey Supreme Court Holds Months-Long Delay Between Interrogations Not a ‘Break in Custody’ to Avoid Miranda Rights for Pretrial Detainee by Dale Chappell
• Hawai’i Supreme Court Announces New Rule Requiring Tachibana Colloquy in All Trials by Douglas Ankney (p 26)
• Kansas Supreme Court: Correcting Illegal Sentence After Fully Served Violates Prohibition Against Double Jeopardy by Matthew Clarke (p 29)
• Missouri Supreme Court Issues Writ of Prohibition Prohibiting Circuit Court From Revoking Probation After Probation Term Had Already Expired by Douglas Ankney (p 25)
• Forced Self-Incrimination by Larry N. (p 24)
• Second Circuit Holds Government’s Misleading Disclosure of Inculpatory Statement Requires New Trial by Dale Chappell (p 24)
• Prosecutorial Power Used Too Often to Stop Prisoners From Getting Second Chance at Life by Chad Marks (p 23)
• 11th Circuit Holds Conviction Under Georgia’s Aggravated Assault Statute Is Not a ‘Crime of Violence’ When Based Upon a Mens Rea of Recklessness by Douglas Ankney (p 22)
• Attempted Felony-Murder Is Not a Cognizable Crime in West Virginia by Douglas Ankney (p 22)
• Arkansas Supreme Court Rules Justification Defense Available When Charged With Manslaughter by David Reutter (p 21)
• Washington Supreme Court Rules Attenuation Doctrine Inapplicable Where Police Illegally Seize Person Followed by Ferrier Warnings and Consent to Search, Evidence Must Be Suppressed by Douglas Ankney (p 20)
• Fifth Circuit Rules Evidence of Counsel’s Dual Representation of Defendant and Codefendant Results in Possible Actual Conflict of Interest Requires Evidentiary Hearing by Dale Chappell (p 20)
• North Dakota Supreme Court Reinstates Postconviction Relief Application Dismissed Without Notice of Motion for Summary Disposition by Matthew Clarke (p 19)
• Oregon Supreme Court: State Constitution Requires Warrant to Specify When Internet Searches Occurred by Mark Wilson (p 18)
• Maryland Court of Appeals Holds Valid Prescription Constitutes ‘Verbal Act’ Thus Not Barred From Evidence as Hearsay When Basis for Statutory Defense by Dale Chappell (p 18)
• Second Circuit Rules District Court Improperly Denied Coram Nobis Petition Claiming Ineffective Assistance of Counsel by Douglas Ankney (p 16)
• Massachusetts Supreme Judicial Court Announces in Case of First Impression That Police Causing Cellphone to Reveal Its Real Time Location Is a Search Under State Constitution by Douglas Ankney (p 16)
• Eighth Circuit Finds Child Porn Sentence ‘Substantively Unreasonable’ by Dale Chappell (p 15)
• Fourth Circuit Rules Government Breached Plea Agreement When It Failed to Honor Its Drug Conduct Stipulation at Sentencing by Chad Marks (p 14)
• Compelled Decryption Primer by National Association of Criminal Defense Lawyers Fourth Amendment Center (p 12)
• Illinois Enacts Youthful Parole for Some by Clifford Powers (p 11)
• Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exceptions Required by Law So that a Defendant Has Notice by Punch & Jurists (p 10)
• Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates by Mark Wilson (p 9)
• Locking Up Drug ‘Dealers’ to Save Users Doesn’t Make Anyone Safer by Alyssa Stryker (p 8)
• Jury Takes Just 9 Minutes to Find Man Who Blared ‘F--k tha Police’ Toward Cops Not Guilty by Dale Chappell (p 7)
• Policing for Profit: Justice Reformers Chip Away at Civil Asset Forfeiture by Noreen Marcus (p 1)
• ‘They need to be marked for life’ by Sandy
• Legal limitations constrain Texas death penalty case by Edward Lyon

May

• "I’m a child rapist” — a story in four parts
• Forced Self-Incrimination by Larry N.
• Insurance Companies Make $1000 For Each Speed Camera Ticket
• Some Texas Judges Not Complying with State Law on Misdemeanor Cases by Edward Lyon
• New Hampshire Death Penalty Repealed
• News in Brief (p 42)
• Using Technology to Erase Old Pot Convictions is the Buzz in Los Angeles by Douglas Ankney (p 41)
• Criticizing Cops is a Criminal Act in Many States by Edward Lyon (p 41)
• Illinois Data Collection Law Set to Expire; Collected Data Reveal Police Target Black and Latino Drivers by Douglas Ankney (p 41)
• The Many Pitfalls Associated With Police Lineups by Edward Lyon (p 40)
• Tennessee Legislature’s Investigation Finds Inadequate Supervision of Private Probation by Derek Gilna (p 40)
• If You’re Unlucky or Black, Your Prison Sentence Could Be 63 Percent Longer by Douglas Ankney (p 39)
• Prosecutors Regret Man’s Wrongful Conviction in 1983 Florida Rape and Murder (p 39)
• New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail by David Reutter (p 38)
• Ninth Circuit: Habeas Petitioner Need Only Show That IAC Claims Are Substantial to Excuse Procedural Default Under Martinez by Chad Marks (p 37)
• Pennsylvania Governor Signs Into Law New Bills to Help Convicts, Extends Postconviction Filing Time Limits (p 37)
• Don’t Shoot the Dogs: The Growing Epidemic of Cops Shooting Family Dogs by John W. Whitehead (p 36)
• Dallas County Judge’s ‘Blank Check’ Warrant Questioned; Case Dismissed by Dale Chappell (p 35)
• Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates by Mark Wilson (p 34)
• McDNA: The DNA Testing Equivalent to Fast Food by Edward Lyon (p 34)
• Kansas Supreme Court Overturns Sentence for Vindictiveness by Anthony Accurso (p 34)
• Eighth Circuit: Misprision of Felony Conviction of Participant in Underlying Felony Violates Fifth Amendment by Douglas Ankney (p 33)
• DEA Used Decades of Warrantless Phone Data in Building Parallel Construction Cases by Steve Horn (p 32)
• Sixth Circuit Holds IAC When Counsel Fails to Warn of Possibility of Deportation as Result of Plea Bargain by Dale Chappell (p 31)
• Oregon Supreme Court: State Prohibited From Introducing Breath Test Refusal as Evidence of DUI by Mark Wilson (p 30)
• Intoxicated Driving Convictions for Non-Drinking Drivers by Edward Lyon (p 30)
• Appointed Defense Lawyers, Public Defenders: Overworked, Underpaid, Ineffective by Edward Lyon (p 28)
• Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard by Chad Marks (p 28)
• Sixth Circuit Rejects Kentucky Supreme Court’s Ruling That Defendant-Lawyers Are Never Without Counsel and Not Entitled to Faretta Hearing by Dale Chappell (p 27)
• NJ Supreme Court: Failure to Advise Suspect of Pending Charges Before Waiver of Right Against Self-Incrimination Requires Suppression of Statements by Douglas Ankney (p 26)
• First Circuit Vacates Revocation Sentence for Improperly Considering Rehabilitation by Anthony Accurso (p 26)
• Eighth Circuit Vacates Supervised Release Conditions Prohibiting Alcohol Consumption and Setting Curfew Not Contained in Plea Agreement by Matthew Clarke (p 25)
• Knowing Sexual Offense Facts Important; Paying Attention to Them Critical by Sandy Rozek (p 23)
• Second Circuit Rules 68-Month Delay Violates Speedy Trial Clause by Douglas Ankney (p 23)
• Pennsylvania District Court Explores the Growing Conflict Between Federal Laws, Which Still Prohibit the Use of Any Amounts of Marijuana, and State Laws, Which Increasingly Authorize the Use of Medical Marijuana and Decriminalize the Use of Small Amounts by Punch & Jurists (p 22)
• When Prosecuting Crimes by Police, Feds Appear to Move Slowly by Edward Lyon (p 21)
• Unreasonable Delay in Obtaining Search Warrant after Lawful Seizure Requires Suppression of Evidence, Announces Georgia Supreme Court by Douglas Ankney (p 20)
• Fourth Circuit: 9-Year Increase in Guidelines Range Due to Misclassification as Career Offender Warrants § 2241 Petition to Be Heard on Merits When § 2255 Relief Unavailable by David Reutter (p 20)
• Georgia Supreme Court Says Visually Impaired Defendant Entitled to Appointment of a Reader by Douglas Ankney (p 19)
• The Holloway Doctrine and First Step Act: Federal Judge Issues Order Urging Government to Dismiss One of Two 18 U.S.C. §924(c) Stacking Convictions by Chad Marks (p 18)
• Portion of Illinois Sex Offender Law is Unconstitutional by Douglas Ankney (p 17)
• Third Circuit: Reason for Continuance Must be Given to Exclude Delay from 70-Day Limit of Speedy Trial Act or Dismissal of Indictment by Douglas Ankney (p 16)
• First Circuit: FBI’s Ruse Claiming National Emergency to Obtain Consent to Search Held Unlawful by Douglas Ankney (p 15)
• Illinois Supreme Court: Warrantless Dog Sniff of Apartment Front Door in Locked Building Violates Fourth Amendment by David Reutter (p 15)
• Fourth Circuit Rules District Court Must Provide Individualized Rationale When Denying Motion for Sentence Reduction by Douglas Ankney (p 14)
• Suspected Mishandling of DNA Tests Puts Cases on Hold in Fort Worth, Texas by Michael Berk (p 14)
• Misconduct by prosecutors is rampant — how do we deter it? by Mike Fawer (p 12)
• Nebraska’s Beatrice Six Will Collect $28.1 Million Jury Award by Edward Lyon (p 11)
• Connecticut Supreme Court Rejects Davis and Announces State Constitution Requires Police to Clarify Ambiguous Request for Counsel Before Continuing Interrogation by Douglas Ankney (p 10)
• Habeas Hints: Discovery on Habeas Corpus by Kent Russell, Tara Hoveland (p 8)
• Flipping the Bird, Even Toward a Cop, Is a Constitutionally Protected Right by Douglas Ankney (p 7)
• Prosecutors Dropping Child Porn Charges After Software Tools Are Questioned by Jack Gillum (p 1)

April

• New Mexico AG’s 4-Year Non-Disclosure of Public Records Triggers $100 a Day Statutory Damages by Mark Wilson
• $25,000 Settlement Over Connecticut False Arrest and Malicious Prosecution Claims by Mark Wilson
• $160,000 Paid by Norwalk, Connecticut, to Settle Police Beating of COPD Patient by Mark Wilson
• California Police Unions Balk at New Law Requiring Transparency in Officer-Involved Shootings and Use-of-Force Incidents by Chad Marks
• News in Brief (p 42)
• Florida Deputy Falsifies Drug Field-Test Results, Freeing 11 From Jail by Edward Lyon (p 42)
• Police Not Required to Protect; Are They Required to Serve? by Matthew Clarke (p 41)
• Delaware Supreme Court: ‘The Sixth Amendment Demands More Than the Presence the Morning of Trial of a Warm Body With a Law Degree’ by Douglas Ankney (p 40)
• Deadly Force Mindset as Justifiable Defense Questioned by Kevin Bliss (p 40)
• L.A. County Wipes Out Almost $90 Million in Debt for Juvenile Detention Fees by Dale Chappell (p 39)
• Federal Judge Rules Massachusetts Law Banning Secretly Recording Police in Public Is Unconstitutional by Dale Chappell (p 39)
• Fourth Circuit Holds 18 U.S.C. § 924(c)(3)(B) is Unconstitutional by Douglas Ankney (p 38)
• In Washington State, a Man’s Home Is No Longer His Castle by Edward Lyon (p 38)
• New Jersey Board Finds Suspending Drivers’ Licenses Because of Failure to Pay Court Fines Doesn’t Work by Dale Chappell (p 37)
• Fourth Circuit: District Court Must Provide Rationale When Denying Motion for § 3582(c)(2) Sentence Reduction by Douglas Ankney (p 36)
• D.C. Circuit Holds Attempted Drug Offenses Do Not Count Toward Career Criminal Designation by Matthew Clarke (p 36)
• Pennsylvania Supreme Court Rules as a Matter of 1st Impression That Mother’s Use of Opioids During Pregnancy Not Child Abuse by Chad Marks (p 35)
• Fourth Circuit: Unreasonable Post-Seizure Delay in Obtaining Warrant Requires Suppression of Evidence by Douglas Ankney (p 34)
• California Supreme Court Rules That Defense Counsel Can’t 
Agree to Stipulation That’s Tantamount to Guilty Plea Without Voluntary and Intelligent Waiver by Defendant by Derek Gilna (p 34)
• Creation of Prosecutorial Watchdog in New York Spotlights Distinction Between Misconduct and Unfair Conduct by Michael Berk (p 33)
• Georgia Supreme Court Announces Statute Mandating Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Even After Completion of Sentence Is Facially Unconstitutional by Douglas Ankney (p 32)
• Fifth Circuit Rules Miscalculation of Guidelines Sentencing 
Range Plain Error That Merits Correction Even Though Not Raised by Defendant by Chad Marks (p 32)
• Prosecutors Have the Power to Stop Bad Roadside Drug Tests From Ruining People’s Lives by Sagiv Galai (p 30)
• Former New Jersey Police Chief Faces Rare Federal Hate Crime Charges (p 30)
• Cops Seize Almost $150,000 from Black Musician for Not Using His Turn Signal by Dale Chappell (p 29)
• Ninth Circuit Vacates a Sentence Imposed for Violation of Supervised Release Because the District Court Failed to Disclose to the Defendant the Probation Officer’s Confidential Sentencing Recommendations (p 28)
• Fourth Circuit: South Carolina Conviction for Assaulting, Wounding, or Beating Officer While Resisting Arrest Is Not Predicate Violent Felony Conviction Under ACCA by Douglas Ankney (p 28)
• Legal Aid Society Counters NYC Police Misconduct With New Database (p 27)
• Florida Cop Found Guilty of Killing Stranded Driver, a First in 30 Years in State (p 27)
• Second Circuit: Government’s Misleading Disclosure Warrants New Trial by Douglas Ankney (p 24)
• Facial Recognition Gives Police Easier Access to Cellphones by Dale Chappell (p 24)
• Why Brady Lists Still Don’t Work by Douglas Ankney (p 23)
• Abolishing the Death Penalty Leads to Decline in Murders by Douglas Ankney (p 23)
• Fourth Circuit Reverses Dismissal of Habeas and Remands for Hearing on Actual Innocence Claim by Douglas Ankney (p 22)
• Federal Judge Denies Qualified Immunity for Cops Who Detained Motorist for Giving Them the Finger by Dale Chappell (p 22)
• Seventh Circuit: Failure to Disclose that Star Witness Was Hypnotized is 'Brady' Violation by Douglas Ankney (p 20)
• Georgia Supreme Court: Statutes Permitting a Defendant’s Refusal to Submit to Breath Tests to Be Admitted into Evidence Are Unconstitutional by Douglas Ankney (p 20)
• Pennsylvania Supreme Court Retroactively Applies Birchfield, Holding that Enhanced Criminal Penalties for Refusing Warrantless Blood Tests are Unconstitutional by Douglas Ankney (p 19)
• First Circuit: Failure to Prove a Prior Conviction Was a ‘Controlled Substance Offense’ Under the Guidelines Requires Resentencing by Douglas Ankney (p 18)
• Fourth Circuit Announces Reasonably Foreseeable Acts of Co-Conspirators Not Sufficient for Fleeing Sentence Enhancement Under U.S.S.G. § 3C1.2 by David Reutter (p 18)
• California Supreme Court: Competence Hearing Required When Formerly Incompetent Defendant Quits Taking Psychotropic Medication and Exhibits Signs of Incompetence by David Reutter (p 17)
• SCOTUS: Presumption of Prejudice Recognized in Flores-Ortega Applies Regardless of Defendant’s Appeal Waiver by Douglas Ankney (p 16)
• California Governor Announces Moratorium on Capital Punishment by Bill Barton (p 15)
• Arrests Do Not Necessarily Represent Solved Crimes by Edward Lyon (p 14)
• Expert Report Urges Changes to Forensic Analysis in Courtrooms by Dale Chappell (p 14)
• Misconduct in the Forensic Science Community Reveals Urgent Need for Greater Oversight by Kevin Bliss (p 13)
• Q&A: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing? by Brandon Sample, Dale Chappell (p 12)
• Texas Misuses Privacy Law to Withhold In-Custody Death Information by Edward Lyon (p 11)
• Plea Bargaining: Prosecutors Leave Trail of Injustice When Playing Hardball with Defendants by David Reutter (p 1)

March

• News In Brief (p 42)
• When Prosecuting Crimes by Police, Feds Appear to Move Slowly by Edward Lyon (p 41)
• Can Criminal Records Ever Truly Be Expunged in the Internet Era? by Matthew Clarke (p 41)
• Third Circuit: Pennsylvania’s SORNA Requirements Sufficiently Restrictive to Constitute Custody for Habeas Jurisdiction by Douglas Ankney (p 40)
• Nebraska’s Death Row Prisoners Must Bring ‘Repeal Challenges’ Individually by Douglas Ankney (p 39)
• San Francisco Embraces New Technology to Clear Pot Convictions (p 39)
• Wisconsin Considers Updating Its Cash Bail System by Kevin Bliss (p 38)
• Birth Pangs of Bail Reform Come to Texas by Edward Lyon (p 38)
• Indiana Supreme Court Announces Trial Court Must Resentence on All Underlying Felonies After Gang Enhancement Sentence Reversed on Appeal by Derek Gilna (p 37)
• $8.4 Million Combined Settlement Reached by ‘Norfolk Four’ by Douglas Ankney (p 36)
• Eleventh Circuit Rules DEA’s Definition of Positional Isomer Does Not Apply to Substances on Temporary Schedule, Vacates Possession Conviction by Matthew Clarke (p 36)
• Shooting of Seven-Year-Old Girl in Houston Highlights Problems With Eyewitness Identification by Matthew Clarke (p 35)
• Georgia Supreme Court Announces Defendant May Invoke Rape Shield Statute to Bar State From Offering Evidence of Victim’s Past Sexual Behavior by Douglas Ankney (p 34)
• Kentucky Supreme Court Holds State Statute Defining Intellectual Disability as IQ of 70 or Lower Unconstitutional, Death Row Prisoner Entitled to Hearing by Matthew Clarke (p 34)
• Oregon Supreme Court Clarifies PCR ‘Church Motion’ Practice by Mark Wilson (p 33)
• Death Penalty Usage Trending Downward, Report Reveals by Betty Nelander (p 32)
• Tennessee Supreme Court: Attempting to Secretly Videotape 
Teen Changing Clothes Does Not Support Conviction for Attempted Production of Child Pornography by Douglas Ankney (p 32)
• Georgia Supreme Court Holds Statute Authorizing Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Is Unconstitutional by Douglas Ankney (p 31)
• Erie County Convicted 11 People of Violating a Law Ruled Unconstitutional Over 20 Years Ago by Federal Court by Kevin Bliss (p 30)
• Video Simulators Part of Push to Train Police to Shoot Fewer Dogs, Limit Lawsuits by Derek Gilna (p 30)
• FBI Reviewing Four Incidents of Excessive Force at Mesa, Arizona, PD in Just Four Months by Dale Chappell (p 29)
• Law Enforcement and Lobbyists Battle Over Need for Civil Asset Forfeiture Reform by Kevin Bliss (p 29)
• First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive by Dale Chappell (p 28)
• Nevada Supreme Court Clarifies, Narrows Nonhearsay Rule Under NRS 51.135(2) by Dale Chappell (p 28)
• North Dakota Supreme Court Announces Implied Consent Advisory Must be Read After Arrest and Before Administering Test by Douglas Ankney (p 27)
• Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict by Douglas Ankney (p 26)
• Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence by David Reutter (p 26)
• Sixth Circuit Rejects Qualified Immunity Claim in Malicious Prosecution Suit for Wrongful Arrest and Conviction Involving Multiple Lies by Police by Dale Chappell (p 24)
• Seventh Circuit: Claim for Unlawful Pretrial Detention Accrues on Date of Release by Douglas Ankney (p 24)
• Connecticut Supreme Court Announces Defense Counsel Has Duty to ‘Promptly’ Notify Defendant of Plea Offer, Failure to Notify Before Testifying Constitutes IAC by Matthew Clarke (p 23)
• In Landmark Civil Asset Forfeiture Case, U.S. Supreme Court Holds Excessive Fines Clause of Eighth Amendment Applicable to States by Douglas Ankney (p 22)
• Ninth Circuit Holds Juror Who Wouldn’t Unequivocally State She Could Be Impartial Should Have Been Excused; New Trial Ordered Because Biased Juror Can’t Be Harmless Error by Dale Chappell (p 21)
• Fourth Circuit Grants Habeas Relief for Death Row Prisoner Because Trial Court Excluded Expert Testimony Defendant Represents Low Risk of Violence in Prison by David Reutter (p 20)
• Supreme Court of Alaska Announces Court System Bears Costs of Expert Evaluation When Insanity or Diminished Capacity Raised as Defense by Chad Marks (p 20)
• Arkansas Supreme Court: Search of Wallet Exceeded Scope of Lawful ‘Terry’ Frisk for Weapons by Douglas Ankney (p 19)
• Destroyed Lives by Sandy Rozek
• California Police Privacy Laws Have Been Violating Brady for Years by Mark Wilson (p 16)
• New Jersey Supreme Court: Detention of Motel Room Occupants After Reason for Police Visit Resolved Is Unlawful Seizure, Evidence Subject to Exclusionary Rule by Richard Resch (p 16)
• N.C. Supreme Court: Hiring and Paying a Hit Man Not Overt Act Necessary for Attempted Murder Charge by Douglas Ankney (p 15)
• NYPD’s Controversial Use of Mugshot Database Searches by Matthew Clarke (p 14)
• Conversations With Those Helped by Passage of First Step Act: Provides Relief for Some Federal Prisoners, but More Is Needed by Chad Marks (p 12)
• Appeals court provides new vehicle to challenge registration by Larry N. (p 10)
• The FBI Says Its Photo Analysis Is Scientific Evidence. Scientists Disagree. by Ryan Gabrielson (p 1)
• Can We Fight Crime With Public Shaming? by Kathi Valeii
• Judge Urges Prosecution to Appeal Dismissal of Murder Charge by Douglas Ankney

February

• Texas no-knock raid proves deadly; no drugs found by Kevin Bliss
• Jurors Showing More and More Savvy Toward Trial Evidence by Edward Lyon (p 42)
• News in Brief (p 42)
• Minnesota Sees Rising Tide of Payouts for Epidemic of Police Misconduct by Derek Gilna (p 41)
• Government Snitches: Incentivized Witnesses Are the Leading Cause of Wrongful Convictions by Dale Chappell (p 1)
• NYPD Gang Database Lacks Transparency, Limits Due Process by Kevin Bliss (p 41)
• $175,000 Settlement to Public Protester with Profanity-laced Sign Tased by Police Officer (p 40)
• Study: Racial Bias Inherent in the Jury Selection Process by Kevin Bliss (p 40)
• Agencies: Bite-mark Forensics Outdated Science by Kevin Bliss (p 39)
• Algorithm-dictated Freedom? Vet California’s New Pretrial Risk Assessment Tool by Virginia Griese (p 39)
• San Francisco DA Candidate Chesa Boudin Puts Criminal Justice Reform Front and Center (p 38)
• New California Laws Peel Back Secrecy Surrounding Police Discipline Amid Pushback by Betty Nelander (p 38)
• Facebook Tells Law Enforcement to Quit Using Phony Accounts by Dale Chappell (p 37)
• ‘Ban the Box’ Movement Expands in New Direction by Edward Lyon (p 37)
• Forensic Entomology Helps Nevada Murder Convictee Get Exonerated After 17 Years in Prison by Edward Lyon (p 36)
• Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected by Kevin Bliss (p 36)
• NY Election Websites Tell Parolees They Can’t Vote, Even Though They Can by Dale Chappell (p 35)
• Police Use of ‘Undercover Friending’ Investigative Technique Unregulated by Kevin Bliss (p 35)
• Nebraska Supreme Court Clarifies Applicable Standard for Mandatory Testing Under DNA Testing Act, Reverses District Court for Applying Wrong Standard by Chad Marks (p 34)
• Hawaii Supreme Court Finally Complies with SCOTUS’ Apprendi Decision, Vacates Enhanced Sentence Based on Fact Determined by Judge, Not Jury by Christopher Zoukis (p 34)
• Sexual Assaults and Harassment by Members of Los Angeles County Sheriff’s Department Costing Taxpayers Millions by Edward Lyon (p 33)
• Sixth Circuit Vacates a Witness Tampering Conviction, Principally on the Ground that the District Court Erroneously Instructed the Jury on the Intent Element of Witness Tampering by Punch & Jurists (p 32)
• Bronx Prosecutors Trained to Manipulate System to Delay Trials by Matthew Clarke (p 32)
• Deputy U.S. Attorney General Rosenstein Defends Junk Science Forensics by Matthew Clarke (p 31)
• SCOTUS Clarifies Scope of Generic Burglary Under the ACCA by Richard Resch (p 30)
• Report: Wisconsin Crime Labs Face Multitude of Problems by Edward Lyon (p 30)
• Custodial Interrogation Must Cease When Suspect Unambiguously Invokes Right to Remain Silent, Says Fourth Circuit by Douglas Ankney (p 29)
• Fifth Circuit: Introduction of Deposition Video Without Making Good-Faith Effort to Secure Witnesses’ Presence at Trial Violates Confrontation Clause by Douglas Ankney (p 28)
• Oklahoma Supreme Court Announces Drug Court Dismissal of Charges After Successful Completion of Drug Program Entitles Defendant to Immediate Expungement by Douglas Ankney (p 28)
• Texas Court of Criminal Appeals Clarifies Proper Evidentiary Standard and Type of Evidence for Informal Competency Hearing by Christopher Zoukis (p 26)
• Third Circuit Orders Habeas Relief Based on Trial Counsel’s Failure to Present or Even Investigate Mental Health and Juvenile Records in Pennsylvania Death Penalty Case by Matthew Clarke (p 26)
• Third Circuit: Summons Is Not an Arrest for USSG Criminal History Calculation by Mark Wilson (p 25)
• Sixth Circuit Reverses 60-Month Upward Variance Sentence Based on News Article Provided to Parties by Court at Beginning of Sentencing Hearing by Matthew Clarke (p 25)
• Ninth Circuit Announces Expert Testimony on Battered Woman Syndrome Not Categorically Excludable, Relevant to Duress Defense by Richard Resch (p 24)
• Fifth Circuit Holds Special Conditions in PSR Appendix but Not Orally Pronounced by District Court Must Be Removed From Sentence Where Conflict With Written Judgment by David Reutter (p 23)
• SCOTUS: Florida’s Robbery Statute Satisfies Physical Force Requirement of Armed Career Criminal Act by Douglas Ankney (p 22)
• Idaho Supreme Court: Temporary and Isolated Crossing of the ‘Fog Line’ Not Enough to Support a Traffic Stop by Christopher Zoukis (p 22)
• Louisiana Supreme Court Vacates Conviction for Batson Violation by Christopher Zoukis (p 21)
• First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege by Matthew Clarke (p 20)
• Minnesota Supreme Court Holds Sentencing Guidelines 
at Time of Offense, Not Time of Sentencing, Controls for Purposes of Calculating Criminal History Score by Matthew Clarke (p 20)
• Eighth Circuit Rules Search Warrant Based on Affidavit That Failed to Link Target to Criminal Activity Lacked Probable Cause, Not Saved by Good-Faith Exception by David Reutter (p 19)
• Seventh Circuit Reverses Denial of a Certificate of Innocence Needed as a Prerequisite for Damages for an Unjust Conviction and Imprisonment by Punch & Jurists (p 18)
• California Court of Appeal: Using Criminal Process to Collect Fines That Indigent Defendants Cannot Pay Is Unconstitutional by Douglas Ankney (p 17)
• Ninth Circuit Announces SCOTUS’ Rodriguez Opinion Requires Overturning ‘Reasonableness Standard’ Precedent in Traffic Stop Prolongation Cases by Richard Resch (p 16)
• U.S. Government Lab Withheld Groundbreaking Study for 5 Years That Can Help Defendants Question the Reliability of Certain DNA Evidence by Steve Horn (p 14)
• Cops Are At War Out There by Brian Platt, Jacobin (p 12)
• New York Mass Bail Out Action Targets Bail System Manipulation by Virginia Griese (p 11)
• From the Editor by Richard Resch (p 11)

January

• News in Brief (p 42)
• Race-Based Arrests Rampant in San Francisco by Kevin Bliss (p 42)
• Tracking the Prevalence of Police Crime by David Reutter (p 41)
• Former Balch Springs, Texas, Officer Found Guilty of Murder of Black Teen by Kevin Bliss (p 41)
• Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected by Kevin Bliss (p 40)
• $225,000 Settlement by Detroit for Unjustified Shooting of Dogs in Drug Case by Derek Gilna (p 40)
• Why Defining a ‘Credible Witness’ in Criminal Trials Is a Slippery Slope by Steve Horn (p 38)
• Illinois Law on Informants Designed to Avoid Wrongful Convictions by Betty Nelander (p 37)
• ‘Innocent Man Almost Executed’ Freed After Decade on Death Row by Betty Nelander (p 37)
• Washington Governor Expects to Pardon About 3,500 for Single Misdemeanor Pot Convictions by Betty Nelander (p 36)
• Police Commit Significant Number of Sex Crimes, Which May Shock the General Public but Not Those Familiar with Law Enforcement by Kevin Bliss (p 36)
• Juror Bias Often Triggered by Severity of Crime Charged by Edward Lyon (p 35)
• Investigation and Arrest of Mail Bomb Suspect Rips Cover Off Postal Surveillance by Derek Gilna (p 34)
• Campus Cops on Municipal Streets Raises Transparency and Accountability Concerns by Virginia Griese (p 35)
• Louisiana Ends Jim Crow-era Law: Unanimous Jury Requirement Now in Constitution by Virginia Griese (p 34)
• ‘Texas Reneging on Deal’ With Draconian Sex Offender Registry, but Some Are Fighting Back by Edward Lyon (p 33)
• Montana Supreme Court: Retrial Following Mistrial Declared Without 
‘Manifest Necessity’ Violates Prohibition on Double Jeopardy by Mark Wilson (p 32)
• U.S. Senator Sounds Alarm on Privacy, Public Safety Concerns of Cell-Site Simulators by Derek Gilna (p 32)
• DEA Agents Trap Cocaine-Trafficking Suspects with Doctored Blackberrys by Derek Gilna (p 31)
• Federal Judge Signals That Defense Counsel Will Be Permitted To Argue Jury Nullification in Questionable Child Porn Prosecution by Chad Marks (p 31)
• Texas Court of Criminal Appeals Rules Defense Attorney Violated McCoy, Reverses Capital Convictions and Orders New Trial by Chad Marks (p 30)
• Nevada Supreme Court Reverses Convictions Where Trial Court Failed to Conduct Third Step of Batson Challenge by Chad Marks (p 30)
• Sixth Circuit: Tennessee Aggravated Sexual Battery Is Not a SORNA Tier III Offense by Christopher Zoukis (p 29)
• Georgia Supreme Court: Asportation Required to Support Kidnapping Conviction by David Reutter (p 28)
• Montana Supreme Court Overrules Its Precedents Confusing Venue and Jurisdiction, Announces Venue Is Waivable But Cannot Waive Jurisdiction by Dale Chappell (p 28)
• California Court of Appeal: Commissioner Cannot Preside Over Parole Revocation Hearing Absent Stipulation by Douglas Ankney (p 27)
• Wisconsin Supreme Court Rules Attempt to Close Door in Officer’s Face Clear Signal that Consent Not Given for Warrantless Entry by Douglas Ankney (p 26)
• Report: Bitemark Analysis Debunked as Pseudoscience by Richard Resch (p 26)
• Montana Supreme Court: City May Not Impose Local Surcharge Not Authorized by State Law for Violation of State Criminal Statute by Derek Gilna (p 25)
• Sixth Circuit Holds Tennessee Burglary Not Violent Felony Under ACCA, Overturning Previous Controlling Authority in Light of SCOTUS’ Mathis Opinion by Dale Chappell (p 24)
• Maine Supreme Court Rules Double Jeopardy Bars Re-Use of Evidence at Second Trial After Acquittal Based on Same Evidence at First Trial on Different Charges by Dale Chappell (p 23)
• West Virginia Supreme Court Vacates Sentence After State Violates Plea Bargain by Making Recommendation at Sentencing by Matthew Clarke (p 22)
• Tenth Circuit Clarifies Proper Test for Pretrial Hearing on Seized Assets Needed to Retain Counsel by Matthew Clarke (p 22)
• Public Support for Militarized Policing Ebbs, Fails to Improve Safety by Edward Lyon (p 21)
• Minnesota Supreme Court Clarifies Rule Against Judicial ‘Participation’ in Plea Negotiations by Dale Chappell (p 20)
• Study Shows Reassigning Problem Cops Could Have Saved Chicago More than $6 Million in Lawsuit Payouts by Dale Chappell (p 19)
• Washington Supreme Court Announces Effective Date of Certificate of Discharge Is Date Offender Completes All Sentence Requirements by Chad Marks (p 18)
• Fourth Circuit Vacates USSG Career Offender Sentence Predicated on Georgia Robbery by Christopher Zoukis (p 18)
• Iowa Supreme Court Announces New SOL Rule for Consecutive Postconviction IAC Claims by Dale Chappell (p 16)
• Ninth Circuit Remands Drug Case for Reconsideration of Sentencing Guidelines’ Minor-Role Adjustment by Christopher Zoukis (p 16)
• N.Y. Court of Appeals Announces When Trial Commences for Timeliness of Pro Se Requests by Edward Lyon (p 15)
• President Trump Signs First Step Act Into Law—It’s a Good Initial Attempt at Meaningful Reform by Chad Marks (p 14)
• South Carolina Supreme Court Holds Broken Chain of Custody for Drug Evidence Requires Reversal of Conviction by Dale Chappell (p 13)
• America’s Cities Are Criminalizing Homelessness by Matthew Clarke (p 12)
• Habeas Hints: SCOTUS Review 2017-18 by Kent Russell, Tara Hoveland (p 10)
• Pennsylvania Supreme Court Holds Defendant Unambiguously Invoked Right to Remain Silent Suppresses Confession and Derivative Physical Evidence and Announces New Rule by Chad Marks (p 8)
• Capital Punishment in the United States: Explained by Jessica Brand, Callie Heller (p 1)