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Archive: 2020

August

• Florida Exonerates One Prisoner for Every Three Executed by Kevin Bliss

July

• Police State: From Social Justice to Social Dominance by Michael Fortino, Ph.D (p 1)
• Tenth Circuit: Deputy ‘Trying to Help’ Doesn’t Make Search Permissible Under Community Caretaking Exception to Warrant Requirement by Douglas Ankney (p 12)
• Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence by Matthew Clarke (p 12)
• Attacking the Guilty Plea: Establishing Prejudice in the Guilty Plea Context by Dale Chappell (p 14)
• Report Finds NYPD Officers Accidentally Deploy Tasers 25% of the Time by Douglas Ankney (p 15)
• California Supreme Court: § 459.5(b) Prohibits Charging Shoplifting and Theft for Same Property by Douglas Ankney (p 16)
• Fourth Circuit: IAC for Counsel’s Bad Advice That Open Plea Would Allow Appeal Denial of Motion to Suppress by Dale Chappell (p 16)
• Massachusetts Supreme Judicial Court: GPS Monitoring Unreasonable When It Doesn’t Further Any Governmental Interest by Douglas Ankney (p 18)
• D.C. Circuit Reverses Nearly 50-Year-Old Murder Conviction Over Faulty Hair Evidence by Dale Chappell (p 18)
• Michigan Supreme Court Announces Court Must Inform Defendant of Consecutive Sentencing Authority When Accepting Plea by David Reutter (p 20)
• Minnesota Supreme Court: Non-Identifying Information About CI Must Be Disclosed Upon Request by Anthony Accurso (p 20)
• Massachusetts Supreme Court: Officer’s Handling of Cellphone Exceeded Scope of Inventory Search by Anthony Accurso (p 22)
• Seventh Circuit Reverses Denial of Motion to Suppress Because Police Lacked Reasonable Suspicion to Frisk by Douglas Ankney (p 22)
• FOIA Redaction Limbo: How Low They Will Go by Edward Lyon (p 23)
• U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal by Dale Chappell (p 24)
• California Court of Appeal: Trial Court Abused Discretion Denying Compassionate Release Where Statutory Criteria Are Met by Dale Chappell (p 25)
• Eleventh Circuit Holds Georgia Terroristic Threats Conviction Overbroad for ACCA by Dale Chappell (p 26)
• Colorado Supreme Court: Warrant Allowing General Search of Cellphone Unconstitutional Violation of Particularity Requirement by Douglas Ankney (p 26)
• Policing is irrelevant for public safety — but these alternatives are proven to work by Justin Podur/Independent Media Institute, AlterNet.com (p 28)
• Myth of Technology as an Equalizing Force in Criminal Justice by Anthony Accurso (p 29)
• Fourth Circuit Requests Further Information on Stingray Device to Determine Whether It Violates Fourth Amendment Rights by Anthony Accurso (p 30)
• Kansas Supreme Court: District Court Failed to Apprise Defendant of Right to Jury Trial by Douglas Ankney (p 30)
• Oklahoma Enacts Jailhouse Informant Law, Joins Other States by Dale Chappell (p 31)
• South Carolina Supreme Court Overturns Murder Conviction Where State Presented Improper Testimony Regarding Trace DNA Evidence by Douglas Ankney (p 32)
• Iowa Supreme Court Announces That ‘Good Cause’ in Newly Amended Appeals Statute Means ‘a Legally Sufficient Reason’ by Douglas Ankney (p 33)
• Two New Forensic DNA Standards Added to the OSAC Registry (p 34)
• South Carolina Supreme Court: State Cannot Appeal Guilty Plea by David Reutter (p 34)
• Big Brother, as Well as Big Business, Are Tracking You: the Snitch in Your Own Pocket, Purse, or Belt Holder by Edward Lyon (p 35)
• Maine Supreme Judicial Court Vacates Conviction on Double Jeopardy Grounds by Douglas Ankney (p 36)
• Neuroscience and Criminal Cases by Jayson Hawkins (p 36)
• Eighth Circuit Affirms Habeas Relief Decades After Conviction Because Prosecutor Destroyed Evidence Prior to Trial by Dale Chappell (p 37)
• Eleventh Circuit Vacates Firearm Conviction Based on Rehaif by Douglas Ankney (p 38)
• Washington Supreme Court: Defendant Detained for Search at Border Was ‘In Custody’ for Miranda Purposes by Douglas Ankney (p 39)
• Never Convicted but Never Exonerated, Either by Edward Lyon (p 40)
• Fourth Circuit: Erroneous Career Offender Sentence Correctable in First Step Act Resentencing by Dale Chappell (p 40)
• Government Study Finds Facial Recognition Sorely Lacking in Accuracy by Dale Chappell (p 41)
• Idaho Exoneree Fights for Wrongful Conviction Compensation by Edward Lyon (p 42)
• Fifth Circuit Clarifies AEDPA Time Limit Tolling for Louisiana Prisoners Filing Federal Habeas Corpus by Dale Chappell (p 42)
• Dogs Can Detect One-Billionth of a Teaspoon of Gasoline by Douglas Ankney (p 43)
• Missouri Shows Indifference to Human Life by Proceeding with Execution Amid Pandemic by Douglas Ankney (p 43)
• Fulton County Prosecutor in Georgia to Expunge MLK and Other Civil Rights Leaders’ Records, But not Everyone Agrees by Michael Fortino, Ph.D (p 44)
• FBI Provides Fitness App in Exchange for Users’ GPS Coordinates by Douglas Ankney (p 45)
• Survey: California Cops Abusing Privacy Rights with Auto Plate Readers by Jayson Hawkins (p 45)
• Strategies to Help Police Address Citizens With Special Needs by Anthony Accurso (p 46)
• Devastating Consequences of Chicago Gang Database – And No Way to Be Removed by Bill Barton (p 46)
• Using Doctor-Prescribed Marijuana Could Send Some People Back to Prison by Douglas Ankney (p 47)
• New Method to Determine Time of Death for Forensic Investigators by Kevin Bliss (p 47)
• Unrest After Kentucky Cops Shoot Sleeping Black Woman to Death in Her Bed While Serving No-Knock Warrant by Edward Lyon (p 48)
• Minnesota Lab Figures Out How to Tell Between Legal Hemp and Illegal Marijuana by Dale Chappell (p 48)
• Small Forensics Lab Finds Niche in Analyzing Tiniest Bits of Evidence by Dale Chappell (p 48)
• Police Use of Robotic Technology Raises Civil Liberty Concerns by Douglas Ankney (p 49)
• $8 Million Settlement for Wrongfully Convicted and Imprisoned Missouri Man by Kevin Bliss (p 49)
• News in Brief (p 50)
• New York Police Act With Impunity During Protests by Kevin Bliss (p 50)

June

• A Nation on the Brink by Christopher Zoukis (p 1)
• Office of Homeland Security Circumventing Warrant Requirement by Buying Cellphone Location Data from Marketing Firm by Anthony Accurso (p 9)
• From the Editor by Richard Resch (p 10)
• Using Location Surveillance to Fight COVID-19 May Chill Free Speech and Association by David Reutter (p 11)
• This Is Not a Revolution. It’s a Blueprint for Locking Down the Nation by John W. Whitehead (p 12)
• Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule by Dale Chappell (p 14)
• Seventh Circuit: Defendant’s Statement Given to Pretrial Services Can’t Be Admitted to Impeach Witness at Trial by Douglas Ankney (p 16)
• California Court of Appeal Explains Procedural Requirements for Vacating Felony-Murder Conviction Via Section 1170.95 Petition by Douglas Ankney (p 18)
• Police Violence Detrimental to Public Health by Douglas Ankney (p 19)
• Congressmen File Amicus Brief Stressing Congressional Intent That First Step Act’s New Drug Laws Apply at Resentencing by Dale Chappell (p 20)
• Indiana Supreme Court: Removal of Police’s GPS Tracker on Suspect’s Vehicle Not Probable Cause of Theft, Suppression of Evidence by Anthony Accurso (p 20)
• New Hampshire Supreme Court: Police Violated Miranda in Obtaining First Statement, and State Failed to Prove Second Statement Was Voluntary by Douglas Ankney (p 22)
• 5-Year Study Shows Police Stop Black Drivers Less Often at Night When ‘Veil of Darkness’ Obscures Race by Douglas Ankney (p 23)
• Second Circuit: Three Important Rulings Under First Step Act by Dale Chappell (p 24)
• Declassified Court Ruling Details FBI Abuses of Mass Surveillance Data by Anthony Accurso (p 24)
• Eleventh Circuit Holds Hobbs Act Robbery Doesn’t Trigger Career Offender Enhancement by Dale Chappell (p 26)
• Marijuana Possession in Virginia Remains Illegal But Is Decriminalized by Douglas Ankney (p 26)
• Biden Accuser Accused of Inflating Credentials to Qualify as Expert Witness, Calling Convictions into Question by Derek Gilna (p 28)
• COVID-19 Creates Opportunity for Big Brother in the Sky by Michael Fortino, Ph.D (p 28)
• Perjurous New York City Cop Sentenced to a Single Day in Jail by Edward Lyon (p 29)
• Nebraska Supreme Court: Multiple Theft Charges for Stealing Items Belonging to Several People at Same Time and Place Violates Double Jeopardy by Dale Chappell (p 30)
• Fourth Circuit: Standalone Rehaif Error Requires Automatic Vacatur of Guilty Plea by David Reutter (p 30)
• Is the Death Penalty Slowly Dying Across the Nation? by Chad Marks (p 31)
• Joint State-Federal Task Forces Practice Rogue Justice Under Protection of Qualified Immunity by Michael Fortino, Ph.D (p 32)
• Colorado Supreme Court: Requiring Defense to Disclose Exhibits to Prosecution Before Trial Violates Due Process Rights by Dale Chappell (p 33)
• Iowa Supreme Court Orders Dismissal of Charges that State Brought in Breach of Plea Agreement by Douglas Ankney (p 34)
• Justice Office Awards $145 Million in Forensic Science Grants by Anthony Accurso (p 35)
• Carpenter Slowly Remaking Fourth Amendment Case Law by Anthony Accurso (p 35)
• California Federal Court Rejects Plea Agreement’s Waiver of Compassionate Release Provision by David Reutter (p 36)
• Aggressive NYPD Police Tactics Spreading COVID-19 by Michael Fortino, Ph.D (p 36)
• COVID-19 Causing Some Pretrial Detainees to Spend More Time in Jail by Douglas Ankney (p 37)
• California Supreme Court Announces Sentencing Law Changes Apply Until Revocation Sentence Becomes Final by Anthony Accurso (p 38)
• NY Court of Appeals: Right to Review Suppression Decision When Decision Relates Solely to a Count Satisfied by Plea but Isn’t Count to Which Defendant Pled by Douglas Ankney (p 38)
• Report: Cops Ill-Equipped to Handle Mental Illness Crisis in Hospitals by Edward Lyon (p 39)
• Plenty of Practice Prevents Poor Police Performance by Edward Lyon (p 40)
• Fifth Circuit Clarifies How ‘Pronouncement Requirement’ Applies to Supervision Conditions by Douglas Ankney (p 40)
• First Circuit: Sentence Imposed Under 21 U.S.C. § 841(a)(1), (b)(1)(c) Is ‘Covered Offense’ Under § 404 of First Step Act by Douglas Ankney (p 41)
• Sixth Circuit: Courts May Consider Good Prison Conduct in Sentence Reduction Under First Step Act by Dale Chappell (p 42)
• Minnesota Supreme Court: Hotel Guests Have Reasonable Expectation of Privacy in Registry Information by Douglas Ankney (p 42)
• DNA Database of NYC’s Chief Medical Examiner Plagued with Errors by Douglas Ankney (p 43)
• South Carolina Supreme Court Rejects U.S. Supreme Court’s Shifting of Burden to Defendant to Prove Absence of Exigent Circumstances in DUI Cases by Douglas Ankney (p 44)
• Pennsylvania Supreme Court: Expired Vehicle Registration Isn’t ‘Breach of the Peace’ Justifying Traffic Stop by Douglas Ankney (p 44)
• Report: Risk Assessment Tools not Effective, Especially When not Used by Kevin Bliss (p 45)
• Florida Supreme Court Abandons Circumstantial Evidence Review Standard by David Reutter (p 46)
• Sixth Circuit: District Court’s Refusal to Reduce Crack Sentence Under First Step Act Requires Justification by Dale Chappell (p 46)
• Courts Oppose Prosecutors’ Attempts to Right Past Wrongs by Douglas Ankney (p 47)
• No Trust Between Police and Communities They Patrol by Kevin Bliss (p 47)
• COVID-19 May Ring in a New Era of High-Tech Private Policing by Michael Fortino, Ph.D (p 48)
• North Carolina Supreme Court: Giving Finger to Police Not Disorderly Conduct Justifying Traffic Stop by Dale Chappell (p 48)
• New Technique Separates Mixed DNA Evidence to Tell Suspects from Victims by Dale Chappell (p 49)
• Feds Ramp up Purchase of Riot Gear in Wake of COVID-19 Pandemic by Douglas Ankney (p 49)
• Army Veteran Serving Life Without Parole for Taking $9 by Douglas Ankney (p 50)
• Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence by Matthew Clarke (p 50)
• News in Brief (p 51)

May

• Racism and Wrongful Convictions by Matthew Clarke (p 1)
• Sixth Circuit Grants Habeas Relief After Michigan Court Violates Confrontation Clause by Dale Chappell (p 10)
• Ninth Circuit: Mental Impairment that Prevented ‘Monitoring’ of Habeas Counsel’s Actions May Require Equitable Tolling by Dale Chappell (p 12)
• Tenth Circuit Vacates District Court’s Order Sealing Plea Supplement, Explaining Local Court Rule Doesn’t Abrogate Common Law Right of Access to Judicial Records by Douglas Ankney (p 13)
• Federal Judge Issues Order Reducing 40-Year Stacked § 924(c) Sentence Based on First Step Act Changes to Compassionate Release by Chad Marks (p 14)
• Latest Forensic Technology, Pattern Analysis, May Be ‘Pseudoscience’ by Michael Fortino, Ph.D (p 16)
• SCOTUS: Jury Verdicts Must Be Unanimous to Convict on Criminal Charges, Overruling Apodaca by Douglas Ankney (p 18)
• ATF: What Is a Gun? by Jayson Hawkins (p 19)
• Michigan Supreme Court Announces that Duress May be Asserted as an Affirmative Defense to Felony Murder, Overruling Gimotty and Etheridge by Douglas Ankney (p 20)
• Texas Court of Criminal Appeals: Failure to Include ‘Or Others’ in Jury Instruction for Self-Defense Against Multiple Assailants Deprived Defendant of Defense by Dale Chappell (p 21)
• Virus Vigilantes v. Virus Violators: Shunning, Shaming, or Policing COVID-19 May not Be the Cure by Michael Fortino, Ph.D (p 22)
• SCOTUS: Due Process Doesn’t Require States to Adopt a Specific Test for Determining Insanity by Douglas Ankney (p 24)
• Fifth Circuit: Defendant Lacked Culpability in Attempting to Export Ammunition by Merely Purchasing It by Anthony Accurso (p 25)
• Second Circuit: Habeas Petition Not Moot Where It Attacked Inactive Original Order That Gave Rise to Current Active Order Restraining Petitioner’s Liberty by Douglas Ankney (p 26)
• Iowa Supreme Court Vacates Guilty Plea for Lack of Evidence and Ineffective Assistance of Counsel by David Reutter (p 26)
• Federal District Court Finds ‘Confusion’ Over Law in State Court Excused Late Filing of § 2255 Motion by Dale Chappell (p 28)
• Seventh Circuit Reiterates IAC Requires Only ‘Reasonable Probability,’ Not ‘More Likely Than Not,’ of Different Outcome by Dale Chappell (p 29)
• Divide and Conquer: New Algorithm Examines Crime-Scene Bullets Segment by Segment (p 30)
• U.S. Supreme Court Justice Files Statement on Court’s Refusal to Hear Habeas Case, Despite Deep Circuit Split by Dale Chappell (p 31)
• SCOTUS: Knowledge that Driver’s License of Vehicle’s Registered Owner Was Revoked Provides Reasonable Suspicion to Initiate Traffic Stop by Douglas Ankney (p 32)
• Don’t Allow Government to Abuse Emergency Powers After COVID-19 Threat Subsides by Douglas Ankney (p 33)
• Notorious Louisiana Prosecutor Fired for Misconduct Technicality by Edward Lyon (p 34)
• Illinois Supreme Court: Failing to Stipulate Felon Status Allowing Jury to Hear About Murder Conviction Constitutes IAC by Anthony Accurso (p 34)
• 10th Circuit: Evidence Insufficient to Support Conviction for Attempting to Kill Witness by Douglas Ankney (p 35)
• $369,000 Settlement in Police Raid of Journalist’s Home and Office (p 36)
• Delaware Supreme Court Clarifies Meaning of ‘Mixture’ as Used in State’s Controlled Substances Act by Douglas Ankney (p 36)
• Colorado Supreme Court: Defendant Has No Duty to Bring Himself to Trial by Douglas Ankney (p 37)
• Fifth Circuit Finds IAC for Failure to Object to Court’s Jury Instructions that Constructively Amended Indictment by Lowering Government’s Burden of Proof by Dale Chappell (p 38)
• Pennsylvania Supreme Court: Cronic’s Presumption of Prejudice Triggered by Counsel Failing to Secure Interpreter for First Day of Trial by Douglas Ankney (p 39)
• U.S. Supreme Court Rejects Fifth Circuit’s Rule Barring Plain-Error Review of Unpreserved Factual Arguments by Dale Chappell (p 40)
• Ohio Supreme Court Announces New Standard for ‘Actual Racial Bias’ for Jurors and Holds Counsel Was Ineffective for Failing to Strike Racially Biased Juror by Douglas Ankney (p 40)
• FBI’s Long History of Squelching Political Dissent Under the Guise of National Security by Jayson Hawkins (p 41)
• Utah Supreme Court: Dismissal of Second Post-Conviction Petition Improper Where First Petition Voluntarily Withdrawn by Douglas Ankney (p 42)
• No Consequences for Prosecutors’ Bad Behavior by Jayson Hawkins (p 42)
• Nevada Supreme Court Rules Bail Determination Requires Due Process and Severs Unconstitutional Language from Bail Statute by Douglas Ankney (p 43)
• Federal Court Overturns Conviction for Person Linked to Former Subway Spokesperson’s Child Porn Case by Dale Chappell (p 44)
• Study Sheds Light on ‘Recidivism’ and Probation and Parole Violations by Dale Chappell (p 45)
• California Court of Appeal: Unoccupied Running Vehicle Doesn’t Justify Warrantless Search of Residence by Douglas Ankney (p 46)
• Utah Residents Can Wind Up in Jail When They Miss Loan Payments by Kevin Bliss (p 46)
• Interpreting Emojis as Court Evidence by Anthony Accurso (p 47)
• LAPD Officers Accused of Entering Names of Innocent People Into Gang Database by Douglas Ankney (p 47)
• Massachusetts Supreme Judicial Court Clarifies Standards for Exit Order and Patfrisk by Anthony Accurso (p 48)
• ‘No-Knock Raids’ an Increasing Danger to Public Safety by Jayson Hawkins (p 48)
• A Mass Purge of Misconduct Records by Phoenix, Arizona Police by Bill Barton (p 49)
• Cops in Missouri Exploit Loophole to Seize $2.6 Million from Innocent Citizens by Douglas Ankney (p 49)
• How Old Is That Fingerprint? by Douglas Ankney (p 50)
• News in Brief (p 50)

April

• Changing Perception, Changing The Law by Jean Trounstine (p 1)
• California Supreme Court Finds IAC, Vacates Conviction in LAPD Officer’s Murder Case (Again) – 36 Years Later by Dale Chappell (p 8)
• Ninth Circuit Opens Door for Savings Clause Relief, Recognizes ‘Actual Innocence’ for Mandatory Career Offender Sentences by Dale Chappell (p 10)
• Seventh Circuit: Trial Judge Violated 5th Amendment by Modifying Instructions to Allow Jury to Convict on Offenses Not Charged in Indictment by Douglas Ankney (p 11)
• Attacking the Guilty Plea: The Ineffective Assistance of Counsel Standard by Dale Chappell (p 12)
• Suspending the Constitution: Police State Uses Crises to Expand Its Lockdown Powers by John W. Whitehead (p 14)
• SCOTUS: ‘Serious Drug Offense’ Under ACCA Is Self-Defining, Match with Equivalent Federal Offense Not Required by Dale Chappell (p 17)
• SCOTUS: Advocating for Shorter Sentence Sufficient to Preserve Claim that Sentence Imposed Greater Than Necessary to Comply With 18 U.S.C. § 3553(a) by Douglas Ankney (p 18)
• Kansas Supreme Court Holds Threat of Violence Statute Violates First Amendment to Extent it Criminalizes ‘Reckless’ Conduct by Dale Chappell (p 18)
• New York Court of Appeals Orders Resentencing Because Trial Court Relied on Testimony from Improperly Unsealed Record by Douglas Ankney (p 19)
• California Court of Appeal: Senate Bill 1437 Abrogates ‘Natural and Probable Consequences Doctrine’ in Attempted Murder Prosecutions and Applies Retroactively to Cases on Appeal by Douglas Ankney (p 20)
• Sixth Circuit: Cardiologist’s Right to Due Process Violated Where District Court Ordered Government to Not Disclose Third Party’s Expert Evaluation of Medical Care Provided by Him by Douglas Ankney (p 20)
• En Banc Ninth Circuit Provides Guidance on When Amended Habeas Petition ‘Relates Back’ to Original Claims to Avoid Dismissal as Untimely by Dale Chappell (p 22)
• First Circuit: Home Search Affidavit Failed to Establish Nexus of Crime and Evidence by David Reutter (p 23)
• First Circuit: Securing a Weapon Not Used in Offense Is Not Exigent Circumstance Permitting Warrantless Entry and Search of Suspect’s Home by Anthony Accurso (p 24)
• Massachusetts Supreme Judicial Court Reverses Murder Conviction Due to Insufficient Evidence by Douglas Ankney (p 24)
• Fifth Circuit Settles In-Circuit Confusion, Holds Implicit Extension of Time to File State Appeal Tolls AEDPA Clock to File Federal Habeas Petition by Dale Chappell (p 26)
• Second Circuit Holds Denial to Proceed Under Pseudonym by Magistrate Judge Is Immediately Appealable by Dale Chappell (p 26)
• Pennsylvania Prosecutors Cash in on Low-Level Drug Crimes by Edward Lyon (p 27)
• Prosecutors Overrepresented Among Federal Judges by Jayson Hawkins (p 28)
• Former Florida Deputy Jailed for Fabricating Drug Evidence by David Reutter (p 28)
• ‘Travel Papers’ and the Pandemic Patriot Act 2.0 by Daisy Luther, The Organic Prepper (p 30)
• FBI ‘Assessing’ Black Americans by Jayson Hawkins (p 31)
• California Supreme Court: Refusing to Testify Insufficient to Constitute Accessory After the Fact by Anthony Accurso (p 32)
• Seventh Circuit: Unsupported CI Statements Insufficient to Justify Higher Drug Quantity for Sentencing by Dale Chappell (p 32)
• Ninth Circuit: Proposition 47 Creates New, Intervening Judgment to Allow Another Federal Habeas Petition Attacking Entire Case by Dale Chappell (p 33)
• Seventh Circuit Vacates Sentence for Failure to Explain Extreme Departure of Guidelines Range by Anthony Accurso (p 34)
• Coronavirus: Will Courts Continue To Operate, Preserving the Rule of Law? by Austin Sarat, Professor of Jurisprudence and Political Science, Amherst College, The Conversation (p 34)
• Washington Supreme Court Announces PRP Petition ‘Final’ Upon Issuance of Certificate of Finality to Allow Tolling of Federal Habeas Clock by Dale Chappell (p 36)
• Repeat Offenders May Be the Result of Different Brain Composition by Michael Fortino, Ph.D (p 36)
• New Fingerprint Test Can Distinguish Whether Person Ingested Cocaine or Only Touched It by Douglas Ankney (p 37)
• Hawaii Lawmakers Propose Transparency from Prosecutors by David Reutter (p 37)
• Wyoming Supreme Court Finds IAC Where Counsel Failed to Challenge Prolonging of Traffic Stop After Citation Completed by Anthony Accurso (p 38)
• North Carolina Supreme Court Announces Defendant Can Forfeit Right to Counsel by Egregious Misconduct; Trial Court May Forgo Compliance with N.C.G.S. § 15A-1242 by Douglas Ankney (p 38)
• Report: LAPD Engaged in Racial Profiling in Traffic Stops by Kevin Bliss (p 39)
• California Supreme Court: Defendant Doesn’t Forfeit Claim for Failing to Object to Expert’s Testimonial Hearsay at Trial That Occurred Before Sanchez Was Decided by Anthony Accurso (p 40)
• Fingerprint Analysis: High Stakes, Low Qualifications by Jayson Hawkins (p 40)
• Big Brother Is ... Tracking You by Douglas Ankney (p 41)
• DNA Contamination Threatened Conviction of Innocent Man by Kevin Bliss (p 42)
• Georgia Supreme Court Reverses Dismissal of Second State Habeas Petition by Douglas Ankney (p 42)
• Sealed Records Open for View by Kevin Bliss (p 43)
• Citizens in California Can No Longer be Prosecuted for Refusing to Risk Their Lives Assisting Police by Douglas Ankney (p 43)
• Advanced DNA Technology Helps Free Innocent Georgia Man After Nearly 18 Years in Prison by Edward Lyon (p 44)
• News Websites Rethink Using Mugshots as Click-Bait by Dale Chappell (p 44)
• In the Criminal Justice System, Big Brother Gets Bigger Every Day by Douglas Ankney (p 45)
• City of Grand Rapids to Pay Marine $190,000 After He Was Unlawfully Detained as ‘Illegal Foreign National’ by Douglas Ankney (p 45)
• California’s Killer Cops by Douglas Ankney (p 46)
• ‘Constitutional Crisis’ Still Exists Despite California Supreme Court Ruling on Opening Access to Law Enforcement Brady Lists by Dale Chappell (p 46)
• Chicago’s ‘Despicable’ Red-Light Camera System Exposed by Douglas Ankney (p 47)
• Complexity and Lack of Standardization Makes Crime Statistics Less Useful by Matthew Clarke (p 47)
• How to Clear Your Record of Marijuana Charges in Illinois by Dale Chappell (p 48)
• New York Police Department Plays Loose with Freedom of Information Act Laws by Kevin Bliss (p 48)
• Could a Second Chance be the Answer? by Kevin Bliss (p 49)
• Wrongfully Convicted NY Man Freed After 24 Years by Jayson Hawkins (p 49)
• News in Brief (p 50)
• Chicago Police Department Ordered to Release 49 Years of Misconduct Files by Matthew Clarke (p None)

March

• News in Brief (p 50)
• Cops Killed Nearly 13 Times More People Than Mass Shooters by Bill Barton (p 50)
• U.S. District Judge Blows Open ATF Fake Stash-House Stings, Wants to Know Why They Only Target Minorities by Dale Chappell (p 49)
• New Jersey Tightens Reins on Civil Asset Forfeiture by Douglas Ankney (p 49)
• Nevada Supreme Court: 26-Month Delay Between Charges and Arrest Constitutes Speedy Trial Violation by Anthony Accurso (p 48)
• New York to Seal Convictions for Small Amounts of Marijuana (p 48)
• Warrant Gives Police Access to DNA Database by Jayson Hawkins (p 47)
• Rhode Island Supreme Court Reverses Conviction Due to Prosecutor’s Remarks and Jury Consideration of Inadmissible Evidence by Douglas Ankney (p 46)
• Colorado Supreme Court Announces Implied Bias the Same as Actual Juror Bias, Requiring Automatic Reversal by Anthony Accurso (p 46)
• Racial Disparity at Sentencing on the Rise by Anthony Accurso (p 45)
• NYC Drug Prosecutor Bucks Trend of Releasing List of Cops with Credibility Issues by Douglas Ankney (p 45)
• Louisiana Supreme Court: State Abused Charging Authority by Dismissing and Reinstituting Charges to Circumvent Adverse Court Ruling by Anthony Accurso (p 44)
• Jury Nullification as a Cure for Prosecutorial Overreach by Anthony Accurso (p 44)
• New Lie Detectors Are On the Way, But Are They Better Than the Old One? by Anthony Accurso (p 43)
• California Supreme Court: Positioning Computer Monitor to Obstruct Defendant’s View of Complaining Witness Violates Confrontation Clause by Douglas Ankney (p 42)
• Ohio Supreme Court: Ineffective Assistance of Counsel Analysis Applies to Failure to Seek Waiver of Court Costs by David M. Reutter (p 42)
• Massachusetts Supreme Judicial Court: Police Must Inform Arrested Driver That Passenger Can Assume Custody of Vehicle if Lawful and Practical as Alternative to Impoundment by Douglas Ankney (p 41)
• California Court of Appeal: Hunch That Proves Correct Is Not Reasonable Suspicion for Traffic Stop by Douglas Ankney (p 40)
• Sex Offenders Go to W.A.R. by Edward Lyon (p 40)
• New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants by Chad Marks (p 39)
• Nevada Supreme Court: Duress Defense May be Used for Non-Death Penalty Charges, Even When Connected to Charges Punishable by Death by Dale Chappell (p 38)
• Reform-Minded Prosecutors Use Charging Discretion to Benefit Communities by Anthony Accurso (p 38)
• Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review by Michael Berk (p 37)
• Pennsylvania Supreme Court Holds Retention of Defendant’s ID Card Constitutes ‘Seizure’ for Fourth Amendment Purposes by Dale Chappell (p 36)
• Sex Offender Registries Grounded in False Notions by Anthony Accurso (p 36)
• Third Circuit Holds ‘Bare’ Arrest Record Insufficient to Support Higher Sentence by Dale Chappell (p 35)
• Fact or Fiction, Television Crime Shows Ignore Racism and Reality by Michael Fortino, Ph.D (p 34)
• The Faulty Science of Breathalyzers by Jayson Hawkins (p 34)
• Sixth Circuit: Ohio’s Stringent Post-Conviction Filing Deadline Opens Window for Federal Review Under Trevino by Anthony Accurso (p 33)
• Maryland Court of Appeals Announces, When Requested, Trial Courts Must Ask During Voir Dire Whether Jurors Will Follow Court’s Instructions on Presumption of Innocence, Burden of Proof, and Right Not to Testify by Douglas Ankney (p 32)
• Louisiana Supreme Court: When an Identified Attorney Seeks to Assist a Person in Custody and Police Fail to Inform the Person, Inculpatory Statements Must Be Suppressed by Douglas Ankney (p 30)
• D.C. Circuit: 18 U.S.C. § 1114 Does Not Apply Overseas But § 924(c) Does by Douglas Ankney (p 30)
• Third Circuit: Confrontation Clause Violated When Jury Is Told ‘Other Guy’ Referenced in Non-Testifying Codefendant’s Statement Is the Defendant by Douglas Ankney (p 29)
• Georgia Supreme Court Overrules 50 Years of Jurisprudence and Announces Courts Are to Consider Cumulative Prejudice of Trial Court and Counsel Errors by Douglas Ankney (p 28)
• Ninth Circuit Orders Habeas Relief After California Concedes Conviction Should Be Overturned Due to Defense Counsel’s ‘Virulent Racism’ by Douglas Ankney (p 26)
• Michigan Supreme Court: Defendant Entitled to Self-defense Jury Instruction by David M. Reutter (p 26)
• Seventh Circuit Holds Brain Injury May Allow Equitable Tolling to File Late Habeas Petition by Dale Chappell (p 25)
• Life Sentence for Murder Overturned by New DNA Technology by Michael Fortino, Ph.D (p 24)
• Expert’s Burn-Pattern Conclusions Flawed by David M. Reutter (p 22)
• New York’s SARA Requirements Force Sex-Offenders into Homelessness Then Hold Them in Prison Due to Their Homelessness by Kevin Bliss (p 20)
• Law Review Article Zeros in on Roadblocks to Plea Bargain Fairness and Effectiveness by David M. Reutter (p 18)
• Kansas Supreme Court: State Failed to Prove Building Was a Dwelling by Douglas Ankney (p 17)
• Maine Supreme Court Declares Blood Draw Statute Unconstitutional, Overruling Cormier by Douglas Ankney (p 16)
• Utah District Court Finds First Step Act Gives Court Authority to Reduce Stacked 55-Year § 924(c) Sentence by Chad Marks (p 14)
• Seventh Circuit Vacates Guilty Pleas Based on Misinformation of Mandatory Minimum by David M. Reutter (p 12)
• More Trainings Are Not the Answer to Police Violence Against Disabled People by Euree Kim (p 12)
• Sixth Circuit Adopts ‘Naked Eye Test’ for Altered Firearm Serial Number Enhancement by Dale Chappell (p 11)
• Connecticut Supreme Court Clarifies Standard of Review for Confrontation Clause Claims; Reverses and Remands for a New Trial by Douglas Ankney (p 10)
• Spirited (But Problematic?) Advocacy for Bernie Madoff to Receive Compassionate Relief by Professor Douglas A. Berman (p 8)
• Iowa Supreme Court: Officer’s Delay of Traffic Stop to Investigate Other Matters Unconstitutional by David M. Reutter (p 6)
• The Rise of Smart Camera Networks, and Why We Should Ban Them by Michael Kwet (p 1)

February

• News in Brief (p 50)
• Federal Rules Limit Searches of Private DNA Databases by Jayson Hawkins (p 50)
• Unsurprisingly Lenient Sentence for Rapist Cop by Anthony Accurso (p 49)
• Kim Kardashian Keeps Going, Helps Release D.C. Prisoner by Dale Chappell (p 49)
• Court Rulings Condemning Cash Bail Systems Increasing by Edward Lyon (p 48)
• More Crooked Cops in New York City Make the Naughty List by Douglas Ankney (p 48)
• For the Mentally Ill, Calling 911 Could Prove Deadly by Edward Lyon (p 47)
• Alabama Sheriff Denied Immunity for False Charges Against Whistleblower by Anthony Accurso (p 47)
• Police Still Have Access to Records That Are Supposedly Sealed, Suit Alleges by Bill Barton (p 46)
• DNA Contamination Threatened Conviction of Innocent Man by Kevin Bliss (p 46)
• White Cop Gets 10 Years for Murder; Black Kid Gets 10 Days for Oversleeping by Douglas Ankney (p 45)
• DA’s Office Files Bar Complaint on Its Own Former Prosecutor by Anthony Accurso (p 45)
• Tenth Annual NRC Report Magnifies Limits of Forensic Evidence by Bill Barton (p 44)
• Critics Claim Thin Blue Line Protects Cops and Prosecutors in Orange County, California by Bill Barton (p 44)
• Study Confirms Immigrants Sentenced More Harshly in Non-Immigrant Areas by Dale Chappell (p 43)
• Prosecutors Transform Due Process into ‘Dues Processed’ by Douglas Ankney (p 43)
• New Tennessee Legislation Will Destroy Hundreds, Probably Thousands, of Families by Sandy Rozek (p 42)
• Employers are Adjusting to Hiring Ex-Offenders by Anthony Accurso (p 42)
• Federal Prosecutor’s Office in Kansas Considers It Acceptable to Listen to Attorney-Client Conversations by Kevin Bliss (p 41)
• Sixth Circuit Vacates Sentence Because District Court Relied on Uncharged Shooting Allegation for Upward Departure from Sentencing Guidelines Range by Douglas Ankney (p 40)
• Washington Supreme Court Remands for Resentencing Where State Failed to Prove Criminal History by Douglas Ankney (p 39)
• Washington Supreme Court Affirms Reversals of Murder Convictions, Overrules Townsend by Douglas Ankney (p 39)
• Texas Court of Criminal Appeals Announces New Test in Comparing Out-of-State Priors for Sentence Enhancement for Repeat Sex Offenders by Michael Berk (p 38)
• Vermont Supreme Court Rejects ‘Blanket Rule’ Requiring Fingerprinting in Misdemeanor Cases by Dale Chappell (p 38)
• Mississippi Supreme Court Abolishes ‘Pre-Arming’ Jury Instruction by Dale Chappell (p 37)
• Second Circuit Holds Appointment of Counsel for Direct Appeal Not Subject to Frivolousness Rule by Dale Chappell (p 36)
• Lies by Former Houston Cop Facing Murder Charge Might Affect Over 14,000 Cases by David M. Reutter (p 36)
• The ‘First Step’ Has Been Taken — What’s Next? by Dale Chappell (p 35)
• Ninth Circuit Affirms Habeas Relief Where Counsel Failed to Present Mitigating Evidence at Penalty Phase by Douglas Ankney (p 34)
• Georgia Supreme Court Reverses Conviction for Failure to Give Accomplice-Corroboration Jury Instruction by Douglas Ankney (p 33)
• California Court of Appeal Invalidates Title 15 § 3490(a)(5) of the California Code of Regulations by Douglas Ankney (p 32)
• Nevada Supreme Court Announces Rule for When Hearing Required on Fair-Cross-Section of Community Violation Claim in Jury Selection by Dale Chappell (p 32)
• Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal by Douglas Ankney (p 31)
• Eleventh Circuit Holds Georgia’s Terroristic Threats Statute Not Violent Felony for ACCA by Dale Chappell (p 30)
• New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant by Anthony Accurso (p 30)
• Nation’s First-Ever Nonprofit Forensics Laboratory Coming to Utah by Douglas Ankney (p 29)
• Hawai’i Supreme Court: Time Spent in Arizona Prison Counts Toward Speedy Trial Rule in Hawai’i by Anthony Accurso (p 28)
• Eleventh Circuit: Selling Body Armor Doesn’t Satisfy Sentencing Guidelines’ Definition of ‘Use’ by Douglas Ankney (p 28)
• Fourth Circuit: Magistrate’s Failure to Warn of ACCA Enhancement Was Plain Error by Douglas Ankney (p 26)
• Ninth Circuit Vacates Unconstitutionally Vague Supervised-Release Conditions by David M. Reutter (p 26)
• Hawai’i Supreme Court Rules Search Warrant Failed to Satisfy the Particularity Requirement for Multiple-Occupancy Dwellings by Douglas Ankney (p 24)
• Massachusetts Supreme Judicial Court: When Exit Order is Unlawful, Evidence Obtained from Subsequent Search Must be Suppressed by Douglas Ankney (p 24)
• First Step Act Earned-Time Credits are Coming ... Eventually and Only to Some Prisoners by Dale Chappell (p 23)
• Alaska Supreme Court: Forcing a Defendant to Testify Is Structural Error Requiring Automatic Reversal by Douglas Ankney (p 22)
• California Court of Appeal: Electronics Searching Condition Struck in Mandatory Supervision Case by Anthony Accurso (p 22)
• Nevada Supreme Court: Parole Board May Petition To Modify Life Sentence by Anthony Accurso (p 21)
• Colorado Supreme Court Clarifies and Modifies Analytical Framework for Proportionality Reviews by Douglas Ankney (p 20)
• Attacking the Guilty Plea: The ‘Voluntarily and Knowingly Made’ Standard by Dale Chappell (p 18)
• Hawai’i Supreme Court Announces Degree of ‘Restraint’ Necessary to Support Kidnapping Conviction by Douglas Ankney (p 17)
• Prosecutorial Misconduct: Justice Denied as the System Turns a Blind Eye by Christopher Zoukis (p 1)

January

• News in Brief (p 50)
• Oklahoma: Cocaine Bust Was Really Only Powdered Milk by Edward Lyon (p 50)
• Freedom or Restitution for the Wrongfully Convicted by Jayson Hawkins (p 48)
• Eighth Circuit: Defendant Who Pleaded Guilty to State Felonies Didn’t Know He Couldn’t Possess Firearms Prior to Sentencing Because He Didn’t Know He Had Been Convicted by Anthony Accurso (p 48)
• Sheriff Ackal’s Corruption Continues to Plague Louisiana Parish by Douglas Ankney (p 47)
• Court Rulings Condemning Cash Bail Systems Increasing by Edward Lyon (p 47)
• In Case of First Impression, Fourth Circuit Holds First Step Act Applies to Those Serving Supervised Release Revocation Sentences by Dale Chappell (p 46)
• First Circuit Vacates Conviction Because Sister had Neither Actual nor Apparent Authority to Consent to Search of Brother’s Bags by Douglas Ankney (p 45)
• South Carolina Supreme Court Grants New Trial Due to Prosecutor’s Prejudicial Closing Remarks by Douglas Ankney (p 44)
• 3d Circuit: Counsel’s Failure to Investigate Drug Properties for Analogous Drug Comparison at Sentencing Constitutes Ineffective Assistance by Douglas Ankney (p 43)
• Fourth Circuit Clarifies How to Bring a First Step Act Motion Applying the Fair Sentencing Act by Dale Chappell (p 42)
• New York Court of Appeals: Police Officers May be Cross-Examined About Acts of Dishonesty Like Any Other Witness by Douglas Ankney (p 42)
• Georgia Supreme Court Clarifies What a Defendant Must ‘Admit’ Before Raising an Affirmative Defense by Douglas Ankney (p 41)
• Colorado Supreme Court Reverses Conviction Because Trial Court Failed to Give No-Adverse-Inference Jury Instruction for Choosing Not to Testify by Douglas Ankney (p 40)
• Fifth Circuit Holds Davis Retroactive, Conspiracy Cannot Support 924(c) Convictions by Dale Chappell (p 39)
• Book Review: The Habeas Citebook: Prosecutorial Misconduct Is an Invaluable Resource for Challenging Prosecutorial Misconduct by Dale Chappell (p 38)
• Idaho Supreme Court: Where Police Were Unaware of Probationer’s Fourth Amendment Waiver Until After Unreasonable Search, Waiver Won’t Make Search Reasonable by Douglas Ankney (p 37)
• Illinois Supreme Court: Statute Banning All Sex Offenders on Probation From Accessing or Using Social Networking Websites Facially Unconstitutional by Douglas Ankney (p 36)
• Second Circuit Affirms District Court’s Decision Setting Aside Guilty Verdict in a Case of Irreconcilably Inconsistent Verdicts by Douglas Ankney (p 35)
• Sixth Circuit: Grant of Habeas on Grounds that State Trial Court Violated Defendant’s Right to Present a Complete Defense by Douglas Ankney (p 34)
• Oregon Supreme Court: Conviction for Interfering with Police Requires Lawful Order by Mark Wilson (p 32)
• Montana Supreme Court Holds Automatic 35% Drug Fine Facially Unconstitutional by Dale Chappell (p 32)
• Alaska Police Department Run by Former Convicts by Kevin Bliss (p 31)
• Washington Supreme Court Affirms Warrantless Search of CSLI Data but Holds Convictions for Both First-degree Rape and Felony Murder Predicated on Rape Violate Double Jeopardy by Douglas Ankney (p 30)
• Hundreds of Dishonest Cops Called as Witnesses by Jayson Hawkins (p 28)
• 11th Circuit: General Threat of Harm Inherent in Every Bank Robbery Doesn’t Qualify for ‘Threat-of-Death’ Enhancement by Douglas Ankney (p 27)
• Which Makes Us Safer? Residency Restrictions or Enhanced Rehabilitation for Former Sexual Offenders? by Sandy Rozek (p 26)
• New York Criminal Record-Sealing Program Revisited by Edward Lyon (p 25)
• In Case of First Impression, Pennsylvania Supreme Court Holds Compelling Suspect to Disclose Computer Password Is Testimonial in Nature and Violates Fifth Amendment’s Privilege Against Self Incrimination by Douglas Ankney (p 24)
• Thousands of Convictions Questioned; Prisoners Released Show Why Law Enforcement Technology Must Be Tested by Third Parties by Dale Chappell (p 23)
• Washington Supreme Court Announces Rules for Trial Courts When Implicit Racial Bias Alleged in Jury Decision by Douglas Ankney (p 22)
• To Compute, or Not to Compute: Algorithm-Driven AI in the Criminal Justice System by Edward Lyon (p 21)
• Ninth Circuit Holds Evidence from Martinez Hearing Can Be Considered in Granting Habeas Relief, Despite Bar Against Evidentiary Hearings on Facts Not Raised Below by Dale Chappell (p 20)
• Indiana Supreme Court Announces Analytical Framework When Determining Whether Punitive In Rem Forfeiture Violates Excessive Fines Clause by Douglas Ankney (p 18)
• Hundreds of Cop Shootings Yearly in Arizona by Edward Lyon (p 18)
• Federal District Court Grants § 2255 Motion, Finds IAC for Failure to Object to Government’s ‘Misstatement of Law’ During Trial by Dale Chappell (p 17)
• California Supreme Court Overturns Its Warrantless Identification Search Precedent by Dale Chappell (p 16)
• First Circuit: Application of Subsequent Guidelines Manual to a Prior, Ungrouped Offense Violates Ex Post Facto Clause by Douglas Ankney (p 15)
• Nullify Government Tyranny: In 2020, Harness the Power of Your Discontent by John W. Whitehead (p 12)
• Oregon Parole Board Must Explain Reason for Extended Parole Postponement Period by Mark Wilson (p 11)
• California Supreme Court Holds Confidential Personnel Information of Officers on Internal ‘Brady List’ Can Be Disclosed to Prosecutors by Dale Chappell (p 10)
• From the Editor by Richard Resch (p 10)
• Why Are Cops Around the World Using This Outlandish Mind-Reading Tool? by Ken Armstrong, Christian Sheckler (p 1)