Archive: 2021
December
- Highway Robbers Return Money Taken from Ex-Marine The Catch? They Were Cops
- ICE Bought Utility Bill Data to Track Down and Deport Undocumented Immigrants
- Boston Cops Fleece Citizens to Secretly Buy Controversial Spy Tech
- Hitman Shoppers, Beware Online Specials
- Dozens of Cases Dismissed After California Cops’ Trove of Racist and Anti-Semitic Texts Discovered
-
How Cops Use Copyright Laws to Prevent the Public from Recording Their Bad Acts
(p 49) -
“If Everybody’s White, There Can’t Be Any Racial Bias”: The Disappearance of Hispanic Drivers From Traffic Records
(p 1) -
Brooklyn DA Releases List of Untrustworthy Cops
(p 7) -
You’d Better Watch Out: The Surveillance State Has a Naughty List, and You’re On It
(p 8) -
Sixth Circuit: Only One Conviction May Result Under § 922(g) for Single Incident of Firearm Possession
(p 10) -
Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof
(p 11) -
The AEDPA: A Forgotten Catalyst in Mass Incarceration
(p 12) -
New Jersey Supreme Court Announces Arrestees in Police Custody Have Reasonable Expectation of Privacy in Calls Made on Police Station Phone Absent Notice That Call Is Being Monitored or Recorded
(p 14) -
Crime Rates Rise and Fall. The Police Mostly Have Nothing to Do With It.
(p 16) -
Pennsylvania Supreme Court Announces Framework for Determining Whether State of Mind Exception to Hearsay Rule Applies to Out-of-Court Statements, Dual-Purpose Statements Generally Inadmissible
(p 18) -
Fourth Circuit: Long-Term Aerial Surveillance That Reveals ‘Whole of Individuals’ Movements’ Constitutes Search Without a Warrant, Violates Fourth Amendment
(p 20) -
Rethinking the ‘Sex Offender’ Label
(p 22) -
North Carolina Supreme Court Announces Pretrial Notice of Duress Defense Does Not Forfeit Fifth Amendment Right to Silence, Reaffirms Rule Against Preemptive Impeachment
(p 22) -
California Court of Appeal: Police Created Atmosphere of Custodial Interrogation Requiring Miranda Warnings Even Though Prearrest Interview Occurred in Teen Suspect’s Home
(p 24) -
California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes
(p 25) -
Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption
(p 26) -
California Supreme Court Announces Mandatory Supervision Conditions Un-der Realignment Act Evaluated for Reasonableness on Case-by-Case Basis Under Lent Test
(p 27) -
Montana Supreme Court: Defendant’s Due Process Rights Violated by Delayed Initial Appearance for Two Years While Jailed in New York on Out-of-State Warrant
(p 28) -
U.S. Sentencing Commission Creates New Sentencing Tool for Judges
(p 29) -
California Supreme Court Announces Not All Subsequent Habeas Petitions Under Death Penalty Reform and Savings Act Are ‘Successive’
(p 30) -
Who Defends the Public Defenders?
(p 31) -
Massachusetts Supreme Judicial Court Announces Impacted Third Party Has Right to Appeal Motion Granting Postconviction DNA Testing
(p 32) -
The Long-Term Effects of 9/11: Naturally, More Surveillance
(p 32) -
Second Circuit Declares Police Firearms Examiners Subject to Brady, Examiner Who Failed to Disclose Exculpatory Ballistics Report Not Entitled to Qualified Immunity
(p 34) -
Ninth Circuit: California Law Prohibiting Recovery of Loss of Life Damages Inconsistent With § 1983
(p 34) -
Ninth Circuit: Washington’s Sentencing Guidelines, Not Statutory Maximum, Set Upper Limit for Sentence When Determining Grade of Violation of Supervised Release Under U.S. Sentencing Guidelines
(p 36) -
Nevada Supreme Court Reverses Denial of Motion to Withdraw Guilty Plea Because Defendant Had Strong Argument for Speedy Trial Violation and Colorable Claim of IAC
(p 37) -
Iowa Supreme Court Calls SCOTUS’ Fourth Amendment Jurisprudence ‘a Mess,’ Announces Departure from Lockstep Adherence, and Rules Warrantless Seizure and Search of Defendant’s Curbside Trash Unlawful
(p 38) -
Missouri Supreme Court: Evidence Found in Cell Phone Seized at Sheriff’s Office Instead of Defendant’s Home, Identified as Location to Be Searched in Warrant, Must Be Suppressed
(p 40) -
First Circuit: ‘Controlled Substances Offense’ Under § 2K2.1(a)(2) of USSG Refers to Time of Sentencing, Not Time of Prior Conviction
(p 41) -
Unchecked Federal Use of Facial Recognition Tech
(p 42) -
Is Orange County’s DNA Collection Scheme Really Voluntary?
(p 42) -
Study: Petty Court Fines and Fees Creates ‘Vicious Cycle’ of Debt for Years
(p 43) -
Hawai’i Supreme Court: Prosecutor’s Cumulative Misconduct Deprived Defendant of a Fair Trial, Vacates Denial of Motion for New Trial
(p 44) -
Veterans Restorative Justice Act Offers More Than Alternatives to Jail in Minnesota
(p 45) -
Cop Gets Money for Nothing, Awards for Free
(p 45) -
Secret CBP Teams New DHS Weapon of Mass Surveillance
(p 46) -
Microbiome: The Latest in Cutting Edge Forensics
(p 46) -
Biden’s DOJ Targets Police Misconduct
(p 47) -
Big Brother’s Eyes and Ears: Understanding and mitigating the impact of high-tech surveillance
(p 48) -
Fifth Circuit: Texas Police Get Qualified Immunity for Knowingly Using Taser to Ignite Gasoline-Soaked, Suicidal Man, Killing Him and Destroying Family’s House
(p 48) -
Marijuana Arrests Keep Dropping
(p 50) -
News in Brief
(p 50) - Dallas K-9 Instrumental in Civil Forfeiture of $106,000 at Love Field Airport Despite There Being no Arrest or Crime
- It’s Rough Being a Spy Under the Watchful Eye of Big Brother
- Policy Paper Cites Benefits of Eliminating Federal Marijuana Prohibition
November
-
ShadowDragon: Inside the Social Media Surveillance Software That Can Watch Your Every Move
(p 1) -
Report Chronicles Growing List of Exonerations
(p 8) -
Racist Police Violence Reconsidered
(p 10) -
Excited Delirium Syndrome: Pseudo-Scientific Shield for Law Enforcement’s Violent Behavior
(p 12) -
Colorado Supreme Court: Warrantless Pole Camera Surveilling and Recording of Curtilage for Over Three Months Constitutes an Illegal Search
(p 18) -
Proliferation of Anti-Riot Laws Spurs Nationwide Legal Challenges
(p 19) -
How Law Enforcement Get Past Phone Encryption
(p 20) -
Minnesota Supreme Court Announces Two-Year Time Limit of § 590.01, subd. 4(c) Runs From Date of Court Decision
(p 20) -
First Circuit: Defendant Entitled to Withdraw Plea Where Government Withdrew From Plea Agreement Based on Defendant’s Breach
(p 22) -
Law Proposed to End Sales of Private Data to Law Enforcement
(p 23) -
Wisconsin Supreme Court Announces Incapacitated Driver Provision of Implied Consent Statute Unconstitutional
(p 24) -
Law of Unintended Consequences: How Defunding the Police Leads to Salary Increases
(p 25) -
Washington Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Introduction of Inadmissible Evidence
(p 26) -
Is It Time to Stop Relying on the Cops?
(p 27) -
Michigan Supreme Court: Parole-Revocation Prison Term Imposed as Result of Separate Wrongful Conviction Is Included in Compensation Under WICA
(p 28) -
Maine Supreme Judicial Court Reverses Denial of Suppression Motion and Vacates Murder Conviction
(p 30) -
D.C. Circuit Joins Seven Other Circuits in Holding USSG § 1B1.13 Doesn’t Apply to Compassionate Release Motions Filed by Prisoners
(p 31) -
New Jersey Supreme Court Announces Framework for Requesting Criminal Background Check of Potential Juror and Calls for Judicial Conference to Explore Nature of Discrimination in Jury Selection Process
(p 32) -
First Circuit Orders New Trial Following Detailed Discussion of Entrapment Defense and When Courts Must Give Jury Instruction
(p 33) -
Maryland Court of Appeals Announces Standard for Whether Scientific Evidence Is ‘Testimonial’ for Confrontation Right Purposes Under Article 21 of Maryland Declaration of Rights
(p 35) -
NYPD Training Deprioritizes First Amendment Education in Policing Protests
(p 36) -
USPS Reveals Social Media Surveillance Program
(p 37) -
California Supreme Court Announces Hearsay Regarding Nonpredicate Offenses in Psychological Evaluation Reports Inadmissible in SVP Probable Cause Hearings
(p 38) -
Rhode Island Supreme Court: Conclusory Statutory Language to Describe Purported Child Porn Image Used to Support Search Warrant Affidavit Invalidates Warrant
(p 39) -
When Life Is No Better Than Death
(p 40) -
Texas Man Positively Identified by Six Eyewitnesses and Sentenced to Life Granted Actual Innocence Relief as Result of DNA Evidence
(p 40) -
Montana Supreme Court: Detainee Entitled to Pre-Sentence Credit for Time Served Regardless if Also Held in Connection With Another Matter in Another County
(p 41) -
California Supreme Court Announces Suspended Execution of Sentence with Probation Imposed Is Not ‘Final’ so New Changes in Law Apply Retroactively on Appeal
(p 41) -
Colorado Supreme Court Announces Mandatory Lifetime Sex Offender Registration Unconstitutional for Juveniles With Multiple Adjudications
(p 42) -
New Mexico Abolishes Qualified Immunity
(p 44) -
Missouri Supreme Court: IAC Where Guilty Plea Based on Counsel’s Assurance Defendant Eligible for Drug Treatment Program When, as Matter of Law, Ineligible
(p 45) - Queens DA Tosses 60 Convictions Tied to Lying or Predatory Cops
- SCOTUS Maintains Hands-Off Approach to Secretive Government Surveillance Court
October
- California School Resource Officer Charged with Murder in Fatal On-Duty Shooting of Teen
- California Cop Found Guilty of Felony Assault in Shooting Death of Mentally Ill Man
- FBI Teaches Law Enforcement How to Turn Your Cell Phone Against You
- Senior U.S. Marshal Accused of Plagiarism and Office Sex Fling
- New Study Shows School Cops Don’t Decrease Shootings, Just Increase Expulsions and Arrests
- Discipline Recommended for 65 NYPD Cops for Response to BLM Protests
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The Real Minority Report Predictive Policing Algorithms Reflect Racial Bias Present in Corrupted Historic Databases
(p 1) -
Massachusetts Supreme Judicial Court Announces Premature Sex Offender Classification of Incarcerated Offender Who Accepted Classification Violates Procedural Due Process
(p 20) -
Tenth Circuit Rejects Qualified Immunity for Prosecutor Alleged to Have Fabricated Evidence, Despite no Previous Case with Materially Similar Facts
(p 22) -
California Supreme Court: Furnishing Drugs Resulting in Overdose Death Does Not Automatically Trigger Great Bodily Injury Enhancement
(p 23) -
Hawaii Supreme Court Announces Five-Factor Test in Determining Whether There’s ‘Fair and Just Reason’ to Withdraw Plea
(p 24) -
Seventh Circuit: District Court Erred in Denying Compassionate Release Motion by Limiting ‘Extraordinary and Compelling’ Analysis to USSG § 1B1.13
(p 25) -
Anger: A Natural Reaction That Makes the Innocent Appear Guilty
(p 26) -
An Inside Look at Operation Trojan Shield How the FBI Crafted an International Encrypted Messaging Sting
(p 27) -
Tenth Circuit Announces Adoption of ‘Offense of Conviction Approach’ for Determining Sentence Reduction Under First Step Act § 404(b)
(p 28) -
Kansas Supreme Court Affirms Reversal and Dismissal of Murder Charges Based on Speedy Trial Violation
(p 30) -
Arizona Supreme Court Announces Trial Courts Have Discretion to Deny State’s Request for SVP Screening and Provides Guidance to Courts Exercising That Discretion
(p 31) -
Arizona Supreme Court Clarifies Proper Fundamental Error Review Applicable to Allegation of a Single, Unobjected-to Instance of Prosecutorial Misconduct
(p 32) -
Study: Bloodstain Pattern Analyses Display Alarming Lack of Accuracy
(p 33) -
SCOTUS Holds Ramos’ Unanimous Jury Requirement Is New Procedural Rule and Announces No New Procedural Rule Applies Retroactively on Federal Collateral Review
(p 35) -
Second Circuit: Autopsy Report Is ‘Testimonial’ for Confrontation Clause Purposes, Habeas Relief Granted
(p 36) -
Ohio, Now 24th State to End LWOP for Juveniles
(p 37) -
Current Forensic Sciences Not as Objective as Most Believe
(p 38) -
"Eighth Circuit: Government Breached Plea Agreement by Endorsing PSR’s Calculation of Higher Base Offense Level Than Plea Agreement, Curing Breach Not Recognized in Circuit"
(p 38) -
DNA Standards Often Make the Difference Between Life and Death
(p 40) -
Justice Department Orders All Federal Agents to Wear Body Cameras
(p 40) -
Georgia Supreme Court Announces Merger Error Claims During Sentencing May Be Raised for First Time in Habeas Petition
(p 41) -
Ninth Circuit Announces All 3 Subsections Must Be Satisfied to Deny Safety-Valve Relief Under 18 U.S.C. § 3553(f)(1)
(p 42) -
Justice Department Bans Chokeholds and Restricts No-Knock Entries for Federal Agents
(p 42) -
Experts Agree: Police Public Relations Consistently Mislead the Public
(p 43) -
Study Shows Public Defenders Outperform Court Appointed Private Attorneys
(p 44) -
Investigative Report Highlights Difficulties in Disciplining Cops
(p 45) -
Florida’s Worst Cop Fired for 7th Time
(p 46) -
Police Do Not Want to Pay for Damage They Inflicted to Texas Home
(p 47) -
SCOTUS Reinstates Death Sentence Reversed by Eleventh Circuit
(p 48) -
California Supreme Court Announces Predicate Offenses for Gang Enhancement or Gang Participation Not Provable Using Expert Witness Testimony Without Personal Knowledge of Facts
(p 48) -
NYC’s Stop-and-Frisk Still Targets Based on Race
(p 49) -
News in Brief
(p 50) - Miami Seeks to Oust Recently Hired Police Chief Once Hailed as ‘Best Chief in America’
- Federal Judge Lets BLM Protestors’ Suit Against San Jose Police Proceed
- California Cities Launching Alternative Policing Efforts for Mental Health 911 Calls
September
- Former “Officer of the Year” Arrested and Charged for Inserting His Finger in Motorist’s Anus
- London Cop Pleads Guilty to Secretly Filming Nude Women
-
The Clash Between Closed-Source Forensic Tools and the Confrontation Clause
(p 1) -
Make Way for the Snitch State The All-Seeing Fourth Branch of Government
(p 12) -
Massachusetts Supreme Judicial Court: Withholding Exculpatory Statement Change by Key Witness Constitutes Brady Violation, Requiring New Trial
(p 14) -
Qualified Immunity Driven by Irrational Fear of Cops Being Held Personally Liable
(p 15) -
SCOTUS: § 2(a) of Fair Sentencing Act Modifies Statutory Penalties Only for Subparagraphs (A) and (B) of 21 U.S.C. § 841(b)(1)— the Mandatory-Minimum Provisions
(p 16) -
Wyoming Supreme Court: Fleeing Into Home After Traffic Offense Not Exigent Circumstance Justifying Warrantless Entry
(p 16) -
SCOTUS: ‘Exceeds Authorized Access’ Under the CFAA Means Accessing Areas of Computer That Are Off-Limits on Computer Otherwise Authorized to Access
(p 18) -
Fourth Circuit: Sentence Vacated for Failure to Properly Analyze Leadership Role Factors
(p 19) -
Hawaii Supreme Court: Trial Counsel Must Inform Defendant That Deportation ‘Will Be Required’ for Plea to Aggravated Felony, IAC for Advising Deportation ‘Almost Certain’
(p 20) -
Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility
(p 20) -
Study: Innocent Children Likely to Plead Guilty
(p 22) -
Fourth Circuit: District Court Must Recalculate Guidelines Sentencing Range and Conduct Analysis of § 3553(a) Factors Even if Same Sentence Would Be Imposed Under First Step Act
(p 23) -
"Sixth Circuit Grants Habeas Relief Because Trial Judge Redacted Key Portion of Witness’ Testimony Presented to Jury in Violation of Confrontation Clause"
(p 24) -
JusticeText Software Helps Defense Attorneys Review Audiovisual Evidence
(p 24) -
Seventh Circuit Finds Lack of Evidence, Grants Habeas Relief, and Orders ‘Immediate Release’
(p 26) -
Ninth Circuit: IAC Under Strickland Satisfies Rhines’ ‘Good Cause’ Standard to Stay Federal Habeas Petition, Allowing Exhaustion of State Court Remedies
(p 27) -
Wisconsin Supreme Court: Officer’s Retention of Driver’s License Without Reasonable Suspicion to Delay Until Arrival of Drug Dog Constitutes Unlawful Seizure
(p 28) -
Tenth Circuit: Warrant Authorizing Search for Items ‘Involved in Crime’ Violates Fourth Amendment’s Particularity Requirement, Not Saved by Doctrine of Severability
(p 30) -
The Legacy of Len Bias
(p 31) -
North Dakota Supreme Court Holds Attempted Knowing Murder Is Non-Cognizable
(p 32) -
Massachusetts Supreme Court Revisits Lougee and Announces Framework for Determining When Pretrial Detention Prolonged Due to COVID Violates Due Process
(p 32) -
California Court of Appeal: § 1170.95(e) Permits Trial Courts to Redesignate More Than One Underlying Felony in Resentencing Vacated Felony-Murder Conviction
(p 34) -
North Carolina Court Rules That Felons Not in Prison Must Be Allowed to Vote
(p 35) -
Seventh Circuit: Prosecutor’s Comments Not Supported by Evidence Denied Defendant Fair Trial, Affirms Habeas Relief
(p 36) -
Arizona Supreme Court: Trial Courts Have Broad Discretion to Disqualify Entire Prosecutor’s Office Based on Appearance of Impropriety
(p 37) -
Mississippi Supreme Court: Failure to Timely File Motion to Suppress Confession Obtained as Result of Police Threats and Promises Constitutes Ineffective Assistance of Counsel
(p 38) -
Federal Judge: ‘Offense of Conviction’ Under Guidelines Excludes Relevant Conduct for Sentencing
(p 39) -
Indiana Supreme Court Applies Recently Announced Proportionality Framework for In Rem Fines and Holds Forfeiture of $35,000 Land Rover Grossly Disproportionate to Underlying Offense in Violation of Eighth Amendment, Ending 7-Year Saga
(p 40) -
Putting Police Use of Spy Tech Under Community Control
(p 41) -
Seventh Circuit: Cronic Doesn’t Provide Exclusive Situations for its Application, Finds Attorney Abandonment at Sentencing Despite Counsel Being Physically Present
(p 42) -
Law Enforcement Underwhelmed by Clearview AI
(p 43) -
Study Finds Lack of Uniformity in New DNA Technology
(p 43) -
California Town Pays $6 Million to Family of Mentally Ill Man Tasered by Cop
(p 44) -
11th Circuit: District Court Must Demonstrate It Considered § 3553(a) Factors When Denying Motion for Compassionate Release
(p 44) -
Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes
(p 45) -
California Supreme Court Announces Predicate Offenses for Gang Enhancement or Gang Participation Not Provable Using Expert Witness Testimony Without Personal Knowledge of Facts
(p 46) -
SCOTUS Reinstates Death Sentence Reversed by Eleventh Circuit
(p 47) -
Newark Police Didn’t Discharge a Single Firearm in 2020, and the Crime Rate Fell
(p 47) -
Study Finds Interactive Lineup Improves Accuracy of Eyewitness Identification, But Does It Also Increase Likelihood of False Identifications?
(p 48) -
FBI Fails to Track Police Use of Force
(p 49) -
News in Brief
(p 50) -
Concealed Exculpatory Evidence and New Palm Print Evidence Frees Wrongfully Convicted Man After 21 Years in Prison
(p 50) - Charges Upgraded Against MN Cop Who Killed Daunte Wright
- Charges Dropped Against Man Exonerated by DNA Evidence After 30 Years In Georgia Prison
- Mistrial Declared in Case Against Miami Beach Police Tech Accused of Mishandling Evidence
- Dementia Patient Wins $3 Million Settlement After Beat-Down by Colorado Cops
- New Video Shows Suicidal Man’s Murder That AL Cop Was Convicted Of
-
One More Reason to Dislike Your State’s DMV
(p 49) - Ex-Prosecutor in Ahmaud Arbury Case Charged With Violating Oath of Office, Obstructing Justice
- D.C. Cops Fatally Shoot Black Man Asleep in Car
- White Texas Cop Charged in Second On-Duty Killing of Non-White Suspect
- LA Co. Sheriff’s Deputies Sued for Beating & Disfiguring Black Man During Traffic Stop
- AZ Prosecutor Who Allegedly Targeted BLM Protestors Files $10m Defamation Suit Against Boss Who Dropped Charges Against Them
- New Report: Most Federal Charges Against BLM Protestors for Non-Violent Offenses
- Colorado Grand Jury Indicts Three Cops, Two Paramedics for Elijah McClain’s Death
August
- White D.C. Cop Suspended for Punching Black Suspect
- Black Mom Beaten Unconscious by White California Deputies: ‘I Think She’s Out’
- Rhode Island BLM Calls for Arrest of White Providence Cops Who Spit on Black Teens
- Miami Beach Police Stop Enforcing Law Enforced Against Only Black Onlookers
- Wrongly Convicted Texas Man Suing Corrupt Houston Cop
- White Colorado Cop Hired Despite Prison Record Resigns After Beating Black Suspect
- California Cops Kill Native American Man Who Was “Agitated”
- Black Texas Woman Pleads with White Cop Arresting Daughter, Gets Arrested, too; Cop May Have Had Covid-19
- Activists Call Proposed NC Anti-Riot Law “Anti-BLM”
- Report: Feds Targeted BLM Protestors
- EFF To Google: Stop Rolling Over For Law Enforcement 'Geofencing'
- Atlanta Cop Fired for Kicking Downed Mentally Ill Woman in the Head
- White South Carolina Cop Fired & Arrested for Stomping Head of Black Suspect
- Texas Teacher Who Committed Suicide After Being Snagged in Underage Grindr Sex Sting Was Unfairly Set Up by Cops, Family Says
- Some Ohio Judges Mandate Covid-19 Shots for Parolees
- Amazon Ring Service Changes Method for Police Requests
- First Step Act Knocks Corrupt Baltimore Officers' Sentences from 454 Years to 20
- Three Detroit Cops Suspended After “Handing Out the Brain Damage”
- America Ranked 17th in Human Freedoms
- Five White Miami Beach Cops Charged with Beating Handcuffed Black Suspect
- St. Louis Cop Sentenced For Beating Black “Protestor”—Another Cop Working Undercover
- Fired LA Cop Charged For Shooting and Killing Mentally Disabled Man in California Costco
- Clemency Woefully Inadequate Remedy for Injustice
- Fired Southern California White Cop Ordered To Stand Trial for Filing False Report About Brutal Arrest of Black Man for Smoking At Trolley Station
-
Trial Penalty: The Harm in Coercive Prosecutorial Tactics and Plea Bargains
(p 1) -
Virginia Supreme Court Reverses Concealed Weapon Offense Because Statutory Exception Applied
(p 11) -
The Federal Habeas Corpus: Government’s Response and Your Reply
(p 12) -
The Many Roads to Relief Under Borden
(p 14) -
Montana Supreme Court: Court Reporter’s Medical Emergency and Judge’s Distress Don’t Constitute Manifest Necessity for Declaring Mistrial, Retrial Violates Double Jeopardy
(p 15) -
Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense
(p 16) -
Virginia Passes Comprehensive Record Clearance Legislation
(p 16) -
Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense
(p 18) -
Seventh Circuit: Coworker Cannot Limitlessly Search Defendant’s Office at Direction of FBI
(p 19) -
Fourth Circuit Reverses ‘Abusive Language’ Conviction Where Government Failed to Offer Evidence That Racial Slur Tended to Cause Immediate Acts of Violence
(p 20) -
Nebraska Supreme Court Reverses Denial of Pretrial Motion for Absolute Discharge on Speedy Trial Grounds
(p 20) -
Should Public Defenders Be Tweeting?
(p 22) -
California Court of Appeal Vacates Guilty Plea That Resulted in Legal Fiction
(p 22) -
California Court of Appeal: When Federal Court Finds Petitioner Satisfies Schlup Standard, Victim Compensation Board Must Recommend Payment of Claim Without Hearing
(p 24) -
National Institute of Justice Funds Research to Differentiate Injuries Caused by Child Abuse from Accidental Injuries
(p 25) -
Police Funding Reallocated to Community Programs Nationwide
(p 26) -
Ninth Circuit: Directly Searching Inside Detainee’s Pocket Not a Valid Terry Frisk for Weapons
(p 26) -
Atavistic South Carolinians Offer Option of Firing Squad to Condemned Prisoners
(p 27) -
Delaware Supreme Court: Substitution Not Allowed for Chain of Custody Witness
(p 28) -
Sixth Circuit: District Court May Consider Disparity of Defendant’s Actual Sentence Compared With Sentence Under First Step Act When Additional Factors Present
(p 28) -
Eighth Circuit: Plain Error to Impose Destructive-Device Enhancement for .410 Shotgun
(p 29) -
Tenth Circuit Reverses Denial of Suppression Motion Because Rationale for Community-Caretaker Exception Unreasonable
(p 30) -
Report: NYPD Sold Almost 22,000 of the 55,000 Phones Seized Last Year
(p 31) -
SCOTUS: Cady’s ‘Community Caretaking’ Function of Police Doesn’t Create Standalone Doctrine Permitting Warrantless Entry into a Home
(p 32) -
Maryland and Montana: First States to Pass Laws Restricting Access to Consumer Genealogy Databases by Law Enforcement
(p 33) -
South Carolina Supreme Court: Lifetime SORA Registration Requirement Unconstitutional Absent Opportunity for Judicial Review of Risk of Re-offending
(p 34) -
It’s No Shock That Tasers Increase Brutality
(p 34) -
Mississippi Supreme Court: Drug Buy Between Dealer and User Doesn’t Constitute Conspiracy to Distribute
(p 35) -
California Court of Appeal Reverses Felony-Murder Conviction Where Sentencing Occurred After SB 1437 Enacted
(p 36) -
New Mexico Supreme Court: Constitutional Error to Accept Plea Without Assistance of Counsel
(p 36) -
Maryland Enacts Significant Police Reform, Overriding Governor’s Veto
(p 37) -
FBI Subpoenas Media Outlets for Information on Readers of Stories Criticizing Government
(p 38) -
Decision Not to Prosecute May Reduce Chance of Recidivism
(p 38) -
Fourth Circuit Extends Gant’s Automobile Search-Incident-to-Arrest Framework to Searches of Non-Vehicular Containers
(p 39) -
Texas Supreme Court: Multiple Misdemeanor Charges Resulting From Single Arrest Divisible for Expunction Purposes
(p 40) -
Big Brother Is Watching You Through Your Car
(p 41) -
Police Legal Defense Funds Have Millions in Reserve
(p 41) -
Constitutional Protections No Protection for Colorado Man Killed by Police
(p 42) -
Warrantless Warrants and Crooked Courts in Chicago
(p 42) -
Details Surface About Firm That Hacked iPhone for the FBI in 2016
(p 43) -
Reports Show Law Enforcement Groups Are Main Force Pushing New Anti-Protest Laws
(p 44) -
Debunking the Myth of ‘Dangerous’ Traffic Stops
(p 44) -
Prosecutors Call for Humane Sentencing Measures
(p 45) -
Jury Refuses to Hold Abusive Cops Accountable for Beating Undercover Cop
(p 45) -
Digital Dogs, New Technology Designed to Sniff-Out Crime
(p 46) -
Two T-shirts Cost Louisiana Man 20 Years
(p 46) -
Police Use of Facial Recognition May Be Broader Than Expected
(p 47) -
When Police Ignore Ordered Changes, Is It Really Reform?
(p 47) -
The People Have Spoken: Clemency Appointments Should Follow the Will of the People
(p 48) -
The Louisiana Board of Parole Giveth and Taketh Away: The Troubling Case of Bobby Sneed
(p 48) -
Police Target People of Color for Cannabis Crimes Despite Legalization
(p 49) -
Bodycams Do Not Hold Cops Accountable, Communities Do
(p 50) -
News in Brief
(p 50) - New York and the Surveillance State
- $10.3 Million Verdict Against City of Albuquerque in Man's Wrongful Death by Cop Shooting
- $5,000 Settlement for Prisoner Subjected to Pepper Spray for Requesting Medication
- $7,500 Settlement for Arrest Without Probable Cause
- $100,000 Settlement for Excessive Force During Chase of Unarmed Man
- $22,500 Settlement in Excessive Force for Killing Dog
- Michigan Moves to Restrict Shackling of Juveniles in Court
- Study Reveals that Some Smartphone Breath Alcohol Testing Devices are Inaccurate and Suggests Need for Regulation
- Florida's Worst Cop was Just Fired, for the Seventh Time
- Imaging of Fingerprints Using Mass Spectrometry Enables Scientists to Distinguish Between Persons Who Touched Cocaine Versus Those Who Ingested Cocaine
July
- Blue Wall of Silence Inhibits Racial Integration in Police Departments
- Refusing Cop's Request for ID Wasn't Cause for Arrest
- New Data Show NYC Gets Better, Safer Results Sending Non-Police in Response To Mental Health 911 Calls
- NYPD Forced to Put Down “Digidog” Robot
-
Reevaluating Capital Punishment and Psychosis: How Sane Must We Be to Qualify for Execution?
(p 1) -
Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop
(p 8) -
Drivers Beware: The Deadly Perils of Blank Check Traffic Stops
(p 10) -
U.S. District Court Grants Compassionate Release Based Entirely on Nearly Three-Decade-Old Sentencing Error, Reduces Life Sentence
(p 12) -
Decades of Data Link Juvenile Lead Exposure and Criminal Behavior
(p 14) -
Fourth Circuit: Appeal Waiver Does Not Bar Challenge to Special Conditions Not Orally Pronounced in Open Court
(p 17) -
New Jersey Governor Celebrates Juneteenth by Signing ‘Ban the Box’ Into Law
(p 17) -
Connecticut Supreme Court: Use of Jailhouse Informant Violated Sixth Amendment Right to Counsel
(p 18) -
Crime, the Myth
(p 20) -
Physics Offers New Perspective on Blood Spatter Investigations
(p 21) -
Ninth Circuit Affirms Denial of Qualified Immunity to Officers Who Coerced 13-Year-Old to Falsely Confess to Murder
(p 22) -
Texas Court of Criminal Appeals Clarifies Interpretation of Aggravating Provisions of Section 22.01(b)(2)(A) and (B), Charging One Provision at Guilt Phase Doesn’t Confer Jurisdiction to Argue Other Provision at Sentencing Phase
(p 22) -
Seventh Circuit Holds Hobbs Act Robbery Not ‘Crime of Violence’ for Career Offender Enhancement, Likely IAC for Not Anticipating Outcome
(p 24) -
Simple Training Can Prevent Police From Mistaking Gun for Taser
(p 24) -
SCOTUS Holds LWOP for Juveniles Does Not Require Finding of Incorrigibility
(p 26) -
Maryland Court of Appeals: Erroneous Anti-CSI Jury Instruction Was Not Harmless Error
(p 27) -
Fourth Circuit Announces First Step Act Determinations Subject to Procedural and Reasonableness Requirements
(p 28) -
Michigan Supreme Court: Anonymous Tip Alleging Woman Was Driving Drunk Because She Yelled at Her Children Failed to Provide Reasonable Suspicion for Terry Stop
(p 29) -
SCOTUS Announces ACCA ‘Violent Felony’ Requires Knowing Use of Force, Not Mere Reckless Conduct
(p 30) -
Eighth Circuit Suppresses Evidence, Ruling Plain View Exception Inapplicable
(p 31) -
Is 743 Years Imprisonment Enough Time to Teach Someone A Lesson?
(p 32) -
Kansas Supreme Court Affirms Dismissal of Convictions After State Fails to Preserve Issue for Appeal
(p 33) -
Ninth Circuit Clarifies Montana Supreme Court’s Sentence Review Division Is Not an ‘Appeal’ Triggering Habeas Clock
(p 33) -
Pennsylvania Supreme Court Clarifies Standard for Admission of Evidence of Third Party Guilt
(p 34) -
New York City Ends Qualified Immunity for Police
(p 34) -
D.C. Circuit: Ambiguous Plea Agreement Requires Interpretation in Favor of Defendant
(p 35) -
Sixth Circuit: First Step Act Amendments to § 924(c) Inapplicable to Defendant Sentenced Before Act’s Effective Date Even When Sentence Later Vacated
(p 36) -
Ninth Circuit: Oregon’s UUW Statute Improperly Assimilated Under Federal Assimilative Crimes Act
(p 37) -
Pennsylvania Supreme Court Frees Bill Cosby
(p 38) -
"Arizona Supreme Court Announces ‘Reasonable Possibility’ Standard in Balancing Right to Present Complete Defense Against Victim’s Refusal to Disclose Privileged Medical Records"
(p 40) -
A New Age of Video Analytics
(p 41) -
D.C. Circuit: Counsel’s Failure to Object to District Court’s Reliance Upon Wrong Sentencing Guideline Constitutes Ineffective Assistance
(p 42) -
Wisconsin Supreme Court: Department of Corrections Database on Sex Offenders Evaluated for Civil Commitment Discoverable in Civil Commitment Proceeding
(p 42) -
Illinois Supreme Court: State Failed to Prove Constructive Possession of Firearm
(p 43) -
Pennsylvania Supreme Court: Single Conviction for Non-Enumerated Crime of Violence Does Not Qualify as History of Violent Behavior Under RRRI Act
(p 44) -
Unjust Civil Asset Forfeiture in Phenix City, Alabama
(p 45) -
Florida Police Accused of Misconduct Given Second Chances
(p 46) -
The Vallejo Cop Controversy: Whistleblowers Expose a Secret Club of Killers
(p 47) -
Fusion Technology Enables Vast Police Surveillance
(p 48) -
Building Data on Police Conduct
(p 49) -
Domestic Terrorism Laws and Civil Liberties
(p 49) -
Report: Encryption No Barrier to Feds
(p 50) -
News in Brief
(p 50) - Baltimore Cop’s Teen Stepson Pronounced Dead After Being Found Hidden in Wall of Family’s Home
June
- The Art of Defeating Robot Dogs
- Civil Rights Investigation Sought Over “No-Knock” Raid On Wrong Michigan Home
-
Deliberately Convicting the Innocent: Exonerations Expose the Criminal Justice System’s Callous Indifference Toward Official Misconduct
(p 1) -
Tenth Circuit: District Courts Have Authority to Decide What Constitutes ‘Extraordinary and Compelling Reasons’ for Compassionate Release After First Step Act
(p 12) -
Texas Court of Criminal Appeals: Warrantless Arrest Designed to Elicit a Confession Constitutes Flagrant Misconduct Requiring Suppression of Confession
(p 14) -
Pennsylvania Supreme Court: Failure to Object to Improper Jury Instruction and Curative Instruction by Court Containing ‘Freudian Slip’ Constitutes IAC
(p 15) -
Federal Habeas Corpus: Discovery and Expanding the Record
(p 16) -
Illinois Supreme Court Announces Person Seeking Certificate of Innocence Need Only Prove Innocence of Originally Prosecuted Theory of Offense, not Every Conceivable Theory
(p 17) -
An Ignoble Process How High-Pressure Tactics and Flawed Investigative Techniques Created a Miscarriage of Justice
(p 18) -
Inflation Increases Likelihood of Felony Theft Charges
(p 21) -
Report Shows Cellphone Searches Common
(p 22) -
Iowa Supreme Court: Successful Adjustment to Sex Offender Registry Requirements Not a Reason to Deny Modification
(p 24) -
California Court of Appeal: Defendant Cannot Be Convicted of Robbery and Kidnapping to Commit Robbery for Same Act
(p 25) -
Alaska Supreme Court: ‘Set Aside’ Conviction From 1997 Is Not ‘Conviction’ Triggering Lifetime ASORA Registration
(p 26) -
Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions
(p 26) -
Eleventh Circuit: Timely Filed Amended Fla. R. Crim. P. 3.850 Motion Tolls AEDPA Clock, Rejects State’s Proposed 30-Day Limitations Period
(p 27) -
Ninth Circuit Joins Five Other Circuits in Holding § 1B1.13 Doesn’t Apply to Compassionate Release Motions by Prisoners
(p 28) -
Cancel Culture Nothing New to Those on Sex Offense Registries
(p 28) -
North Carolina Governor Announces Formation of Juvenile Sentence Review Board
(p 29) -
The Era of Punitive Excess The criminal justice system is marred by an overreliance on excessive punishment
(p 30) -
Tenth Circuit: Warrantless Search of Truck Driver’s Home Not Justified Solely by Connection to Alien Smuggling
(p 32) -
Sixth Circuit: State Court Committed Constitutional Error in Applying Ohio Rules of Evidence 606(B) to Deny Right to Fair Trial
(p 33) -
Direct Collateral Review Creates Path Around AEDPA Hurdles for State Prisoners Seeking Postconviction Relief
(p 34) -
Maine Supreme Court: Counsel’s Introduction of Victim’s Video Interview with Police Was Not ‘Sound Trial Strategy,’ Constituted IAC
(p 37) -
Mississippi Supreme Court Reverses Conviction due to Double Jeopardy Violation Because of Mistrial Without Manifest Necessity in Initial Trial
(p 38) -
D.C. Circuit: Conflicted Counsel During Habeas Proceeding Requires Appointment of Conflict-Free Counsel
(p 38) -
Wyoming Supreme Court Abandons Alter Ego Rule in Relation to Defense-of-Another Claim
(p 39) -
California Court of Appeal: § 3051’s Exclusion of One Strike Offenders from Youthful Offender Parole Hearings Violates Equal Protection
(p 40) -
Seventh Circuit: Knowing and Intelligent Waiver of Miranda Rights Distinct and Separate Issue From Whether Statement Was Voluntary
(p 41) -
Fifth Circuit: U.S.S.G. § 1B1.13 Policy Statement Not Applicable to Prisoner’s Motion for Compassionate Release
(p 42) -
Illinois Supreme Court: Motion to Suppress Statements Granted Where Police Prolonged Traffic Stop to Investigate Offenses Unrelated to the Stop
(p 43) -
Baltimore and St. Louis ‘Shoot Down’ Spy Planes
(p 44) -
First Circuit: Government’s Mention of Co-Defendant’s Guilty Plea Before Jury Was Confrontation Clause Violation Warranting New Trial
(p 44) -
SCOTUS Reaffirms Habeas Court Must Consider Entire Record Before ‘Disturbing’ a State Criminal Judgment
(p 45) -
West Virginia Supreme Court: Emergency Protective Order Not De Facto Search Warrant
(p 46) -
Report: U.S. Border Patrol Not Nearly as Nice as It Claims
(p 47) -
Potentially Deadly War Gas Deployed Against Black Lives Matter Protesters
(p 48) -
Tenth Circuit Joins Other Circuits, Holds § 1B1.13 Does Not Apply to Compassionate Release Motions Filed by Prisoners
(p 48) -
Kentucky Supreme Court: Blood Test Refusal Inadmissible as Evidence in DUI Case Even to Explain Why Prosecution Has No Scientific Evidence of Intoxication
(p 49) -
News in Brief
(p 50)
May
-
Felony Murder: The Crotchet of American Murder Jurisprudence
(p 1) -
Comply or Die: The Only Truly Compliant Person in a Police State Is a Dead One
(p 12) -
Reverse Location Warrants Neglect Particularity Requirement
(p 15) -
Debunked Bite-Mark Comparison Evidence: Wrongfully Convicted Man Freed After Spending Over 25 Years on Death Row
(p 16) -
Cops Increasingly Use Amazon Ring to Target Protestors
(p 16) -
$1.4 Million for Nevada Man Wrongly Imprisoned Over 20 Years
(p 17) -
Data: NYPD Still Using Chokeholds Despite Ban
(p 18) -
New Book Scrutinizes Data-Driven Policing
(p 18) -
Sixth Circuit Orders New Trial and Reassigns Case to Different Judge Where District Court’s Mishandling Deprived Defendants of Meaningful Opportunity to Prove Juror Bias
(p 20) -
Massachusetts Supreme Judicial Court Invalidates Parole Regulation Prohibiting Aggregation of Life Sentences With Consecutive Sentences
(p 21) -
Austin, Texas, Diverting Funds From Police to Transform Community
(p 22) -
It’s Time to Reconsider Consent Searches
(p 22) -
Philadelphia’s Progressive Reform-Minded DA Has Made Tremendous Strides – But Are They Enough to Win Reelection?
(p 23) -
Study: Reduced Pretrial Incarceration Doesn’t Diminish Public Safety
(p 24) -
Extreme Prosecutorial Misconduct Results in Wrist Slap
(p 24) -
When Police Body Cam Is a ‘Propaganda Tool’
(p 25) -
Internet-Connected Devices and the Fourth Amendment
(p 26) -
Are Police Playing Copyrighted Music to Prevent Live Streaming?
(p 27) -
Minnesota Supreme Court Clarifies Meaning of ‘Mentally Incapacitated’ Regarding Consent to Sexual Contact
(p 28) -
Leaving Digital Trails
(p 29) -
Fourth Circuit: Police Description of ‘More Deliberate’ Second Handshake Than First Handshake Doesn’t Give Rise to Reasonable Suspicion of Drug Transaction Justifying Terry Stop
(p 30) -
Tenth Circuit: Firearm Seizure Not Justified After Inventory Search Is Abandoned
(p 31) -
Study Shows Innocent People Choose False Guilty Pleas and False Testimony to Gain Benefits
(p 32) -
Washington Supreme Court Reaffirms Workman’s Lesser Included Offense Test and Clarifies Confusion in its Application
(p 34) -
Report: Police More Aggressive at Leftwing Rallies
(p 35) -
Eleventh Circuit: Lawyer’s Purposeful Late Filing of Habeas Petition Grounds for Equitable Tolling
(p 36) -
Washington Supreme Court Announces State’s Strict-Liability Drug Possession Law Is Unconstitutional
(p 37) -
California Supreme Court Announces Conditioning Pretrial Release on Ability to Afford Bail Unconstitutional
(p 38) -
Ohio Supreme Court: Touching ‘Fog Line’ Doesn’t Justify Traffic Stop
(p 39) -
Sixth Circuit Follows Trend of Reigning in Commentary’s Impermissible Expansion of Sentencing Guidelines
(p 40) -
Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute
(p 41) -
New Hampshire Supreme Court: Defendant Had Subjective and Objective Expectation of Privacy in Apartment Building’s Utility Closet in Common Areas, Evidence Suppressed
(p 42) -
Online Records Impose Digital Punishment for Millions
(p 42) -
Study: Militarizing Police Doesn’t Shrink Crime Rates
(p 43) -
Georgia Supreme Court: Cumulative Effect of Trial Errors Requires Reversal of Murder Conviction
(p 44) -
Fourth Circuit Finally Holds Davis Retroactive
(p 45) -
The Costs of the War on Drugs
(p 46) -
Tennessee Supreme Court Clarifies Inevitable Discovery Doctrine in Raid of Home to Execute Arrest Warrant
(p 46) -
$27 Million Settlement for George Floyd’s Family
(p 47) -
Texas Court of Criminal Appeals: Speculation Insufficient to Trigger ‘Forfeiture by Wrongdoing’ Exception to Confrontation Clause
(p 48) -
Second Circuit: No Qualified Immunity for Police Detaining and Frisking Man Based Solely on Unconfirmed Hunch
(p 48) -
Colorado Supreme Court Suppresses Evidence on Cellphone Obtained Via Invalid Warrant, Not Cured by Obtaining Second Valid Warrant
(p 49) -
News in Brief
(p 50)
April
-
No-Knock Warrants Leave Trail of Terror, Property Damage, and Deaths
(p 1) -
A Primer on Overcriminalization
(p 12) -
Seventh Circuit: Federal Habeas Relief for State Prisoner Due to Counsel’s Failure to Raise No-Causation Defense
(p 14) -
Eighth Circuit Vacates Habeas Denial, Remands to Determine Whether ‘Martinez Exception’ Excused Procedural Default by State Prisoner
(p 14) -
Federal Habeas Corpus: Filing Procedures
(p 16) -
The Parole App Trap
(p 17) -
Seventh Circuit Vacates Sentence Where District Court Improperly Imposed Leadership Enhancement
(p 18) -
Fourth Circuit: Police Request for ID Outside Valid Terry Stop Unconstitutional
(p 18) -
New Jersey Police Union Contracts Laden With Financial Largesse
(p 20) -
D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire
(p 22) -
D.C. Circuit Highlights Racial Disparity Concerns With First Step Act After District Court Erroneously Denies Relief
(p 22) -
Seventh Circuit Exercises Supervisory Powers in Reversing District Court’s Judgment Revoking Supervised Release
(p 24) -
Seventh Circuit: District Court Retains Jurisdiction When Habeas Petitioner Moves to Prison Outside of District
(p 26) -
Iowa Supreme Court Announces Brady Standard Applies to Motion for New Trial Based on Withheld Exculpatory Medical Records
(p 26) -
Abuse of Civil Asset Forfeiture Laws Prompts Class Action Lawsuit
(p 27) -
Michigan State Police Reverse on Use of Messaging App That Can Evade FOIA Requests
(p 28) -
Tech Company Enables Surveillance
(p 28) -
Wyoming Supreme Court: District Court Abused Discretion by Granting State’s Dismissal of Charges Without Prejudice and Refiling to Gain Tactical Advantage, Remands for Dismissal With Prejudice
(p 30) -
Fourth Circuit: Employment Restriction for Supervised Release Overbroad and Impermissible Delegation of Power to Probation
(p 31) -
Arkansas Supreme Court: Unborn Child Not a ‘Person’ Under Sentencing Enhancement Scheme
(p 32) -
Texas Court of Criminal Appeals: Good Faith Exception Inapplicable to Unsworn Search Warrant
(p 32) -
New Jersey Appellate Court Holds Defendant Entitled to Source Code of Novel Probabilistic Genotyping Software Upon Showing of Particularized Need
(p 34) -
Orwellian Fusion Centers Are Watching You
(p 35) -
Utah Supreme Court: Appeal of Plea in Justice Court Doesn’t Vacate Judgment
(p 37) -
California Court of Appeal: Prisoners Are Not Required to Serve ‘Thompson Terms’ After Grant of Parole Under Elderly Parole Program
(p 38) -
North Carolina Supreme Court Reverses Embezzlement Convictions for Failure to Hold Competency Hearing After Mid-Trial Suicide Attempt, Involuntary Commitment
(p 39) -
New York Court of Appeals Rejects Federal Jurisprudence Allowing Searches of Vehicles Based on Warrants Authorizing Searches of ‘Premises’
(p 40) -
Surveillance and the City
(p 40) -
Fifth Circuit: Anonymous Tip Didn’t Provide Reasonable Suspicion to Conduct Investigatory Stop
(p 41) -
Illinois Study: Crime Rate not Tied to Prison Population Levels
(p 42) -
Ohio Supreme Court: Imposing Two Punishments for One Quantity of Mixture of Heroin and Fentanyl Violates Double Jeopardy
(p 42) -
Ninth Circuit: State’s Forced Medication Order Was Properly Challenged Under Federal Habeas Corpus
(p 43) -
Tracking Browser History
(p 48) -
Ninth Circuit Announces Police Inserting Key in Car Door to Determine Vehicle Ownership Constitutes Search Overruling Circuit Precedent
(p 48) -
All Bark but No Bite
(p 49) -
News in Brief
(p 50) -
Socially Unacceptable New York Cops
(p 50) - End Controversial Programs That Fund Surveillance Tech
March
- Massachusetts Worst in Nation for Civil Forfeiture Laws
- Developmentally Challenged Man on Registry to Get New Hearing
- Report Revisits FBI’s History of White Extremism
-
Faulty Forensics and Wrongful Convictions
(p 1) -
Seventh Circuit Affirms Vacatur of Death Sentence Based on Newly Discovered Evidence of Defendant’s Intellectual Disability
(p 10) -
Machinery of Death: When the Government Acts as Judge, Jury and Executioner
(p 12) -
Seventh Circuit: Indiana’s Sex Offender Registration Act’s ‘Other Jurisdiction Requirement’ Unconstitutional Violation of Right to Travel
(p 14) -
Ohio Supreme Court: Retroactive Application of Sexually Violent Predator Law Violates Ex Post Facto Clause
(p 15) -
Alabama Supreme Court Announces Testimony About Cell-Site Location Data Is ‘Scientific’ Expert Testimony, Not Lay, Triggering Daubert Analysis
(p 16) -
Maryland Court of Appeals: MTA’s Fare Sweep Constitutes Suspicionless Seizure in Violation of Fourth Amendment
(p 18) -
North Carolina Supreme Court: Judge May Not Reject Informed Guilty Plea Because Defendant Refuses to Admit He’s Factually Guilty
(p 19) -
How the Criminal Justice System Fails People With Mental Illness
(p 20) -
Third Circuit: Brady Claims in Habeas Petitions Timely When Filed Within One Year of Date Reason to Believe Prosecutor Violated Duty To Disclose
(p 24) -
Pennsylvania Supreme Court Announces Departure From SCOTUS’ Vehicle Exception to Warrant Requirement, Commonwealth’s Constitution Provides Greater Protections
(p 26) -
California Court of Appeal: Lack of Notice of Filing Deadline Due Process Violation, Allowing Late Challenge to Erroneous Parole Designation
(p 27) -
Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim
(p 28) -
Massachusetts Supreme Court Announces ‘Habitual Offender’ Statute Allows for Sentence of Probation Only
(p 30) -
Hawai’i Supreme Court Announces Clarification of When Self-Induced Intoxication Exception of HRS § 702-230 Applies
(p 31) -
Kentucky Supreme Court Announces Appellate Standard of Review for Domestic Abuse Exemption to Violent Offender Parole Eligibility
(p 32) -
STAR Program Redirecting Mental Health Emergency Calls Away From Police a Success in Denver
(p 32) -
Fifth Circuit: Evidence of Simple Drug Possession Insufficient to Search Cellphone Photos for Evidence of Drug Trafficking
(p 33) -
New Drone Tech Being Deployed by Police
(p 34) -
California Supreme Court Announces SB 1437 Bars Second-Degree Murder Based on Natural and Probable Consequences Doctrine
(p 34) -
Pennsylvania Supreme Court: Officer Testified as Expert on Child Sexual Abuse Without First Being Qualified and 42 Pa.C.S. § 5920 Overruled Dunkle
(p 35) -
New Jersey Supreme Court Announces Adoption of Framework for Evaluating Discovery Motions Challenging Warrant Affidavits Based on Unidentified Confidential Informants
(p 36) -
"Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel"
(p 36) -
D.C. Circuit: Differing Counsel Effectiveness Findings Create Possible Injustice in Wired Plea Offer
(p 37) -
Second Circuit: Jury Instructions Regarding Defendant’s Motive to Testify Falsely Improper
(p 38) -
California Court of Appeal Overturns Child Sex Abuse Convictions Based on Prosecution’s Violation of Brady Obligations by Withholding Witness Impeachment Evidence
(p 38) -
Fourth Circuit: Conditions of Release Banning Internet Access and Legal Pornography Overbroad and Not Reasonably Related
(p 39) -
Kentucky Supreme Court Reverses Murder Convictions Due to ‘Flagrant Prosecutorial Misconduct’ in Misleading Jury
(p 40) -
Capitol Police Department Repeatedly Sued Over Racial Discrimination
(p 41) -
Hundreds Serving Life Due to Less Than Unanimous Jury Verdicts
(p 42) -
Nevada Supreme Court Reverses Conviction for Murdering Sixth Wife Due to Improper Prior Bad-Act Evidence Regarding Murder of Second Wife
(p 42) -
Washington Supreme Court Announces Misconduct of Petitioner’s Own Counsel Can Be Basis for Equitable Tolling in Habeas Proceeding
(p 43) -
Hidden Sentences
(p 44) -
Law Degree for South Carolina Magistrates Optional
(p 45) -
Tech Company Enables Total Surveillance
(p 46) -
Policing Prostitution in New York
(p 46) -
Image of Men Urinating on Grave Protected by First Amendment
(p 47) -
Shifting View of Criminal Justice in U.S.
(p 48) -
Philadelphia Man Exonerated After Police Cover-Up Exposed
(p 48) -
New Jersey Man Wrongly Arrested Due to Flawed Face Recognition Match
(p 49) -
Man Serving 505-Year Sentence Granted Compassionate Release Due to COVID-19
(p 49) -
Police Robo Stalkers in a Location Near You
(p 50) -
News in Brief
(p 50)
February
- Session’s Directive to Seek Harshest Sentencing Rescinded
-
Qualified Immunity - A Legal, Practical, and Moral Failure
(p 1) -
Ninth Circuit Reverses Dismissal of Suit Challenging Idaho’s Sex Offender Registration Law
(p 21) -
Column: Raising Successful Federal Habeas Corpus Claims
(p 22) -
Tenth Circuit Vacates Enhancement for Prior Crime of Violence Because it Wasn’t Independently Eligible to Receive Criminal History Points
(p 23) -
California Court of Appeal: Trial Court Abused Discretion by Denying Romero Motion and Life Sentence for Attempted Robbery Is Cruel and Unusual Under State Constitution
(p 24) -
Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government
(p 25) -
Seventh Circuit Joins Other Circuits Holding Any Crack Cocaine Offense Under § 841 Qualifies for First Step Act Relief
(p 26) -
California Court of Appeal: Counsel Ineffective for Failure to Investigate Mental Health History
(p 26) -
Michigan Supreme Court: Police Must Limit Search of Cellphone Data to Uncovering Evidence of the Criminal Activity Alleged in Warrant
(p 28) -
Fifth Circuit: No Qualified Immunity When Police Fatally Beat Unresisting Man Suffering Mental Health Crisis
(p 29) -
North Carolina Supreme Court: Superior Court Abused Discretion by Flatly Prohibiting Questions on Racial Bias During Voir Dire
(p 30) -
Texas Court of Criminal Appeals: Witness Testifying Remotely Via Two-Way Video Without Sufficient Reason Violates Confrontation Clause
(p 31) -
Kansas Supreme Court: Wrong Standard Used in Review of Plea Withdrawal Motion Requires Remand
(p 32) -
Fifth Circuit: District Court Cannot Delegate to Probation Officer Authority to Impose Inpatient Treatment
(p 32) -
Indiana Supreme Court: Speedy Trial Right Violated After 6.5 Years Without Retrial
(p 33) -
Raid on Data Scientist’s Home Underscores Outdated Technology Laws and Unjustifiable Police Use of Force
(p 34) -
Nevada Supreme Court: Defendant Has Right to Withdraw Plea Where He Wasn’t Informed of Range of Possible Punishments
(p 34) -
Voters Speak: Dump Tough-On-Crime Prosecutors, Boost Police Oversight
(p 35) -
Texas Supreme Court Announces Factual-Sufficiency Standard of Review in SVP Determinations
(p 36) -
Ohio Supreme Court: ‘Avoid Impregnating a Woman’ as Probation Condition for Failing to Pay Child Support Unreasonable
(p 36) -
California Court of Appeal: SB 136 Makes Plea Agreement Containing Prior Prison Enhancement Unenforceable
(p 37) -
North Carolina Supreme Court: Testimony That Improperly Bolstered Victim’s Credibility Was Plain Error
(p 38) -
ACLU Spotlights FBI’s Encryption-Breaking Tool in Freedom of Information Suit
(p 38) -
Second Circuit Clarifies What Constitutes ‘Possession of a Dangerous Weapon’ and ‘Physical Restraint’ Under the Guidelines
(p 39) -
Ohio Supreme Court: Jury Must Find Use of Force, Not Sentencing Court, for Mandatory Minimum Sentences
(p 40) -
San Francisco Forensic Analyst’s Arrest on Drug Charges Exposes Flawed Lab
(p 40) -
Montana Supreme Court: Five-Year Delay Violates Speedy Trial and Is Presumptively Prejudicial
(p 41) -
First Circuit Joins Sister Circuits Holding Hobbs Act Robbery Conspiracy not Crime of Violence for 924(c)
(p 42) -
SCOTUS: RFRA’s ‘Appropriate Damages’ Includes Monetary Awards
(p 42) -
Fatal Shootings by Police Rarely Prosecuted
(p 43) -
Misinformation and the Carceral State
(p 44) -
Massachusetts Supreme Judicial Court Announces Blood Alcohol Test Results From Blood Drawn Under Court Order but Without Consent Is Inadmissible
(p 46) -
A 22-Year-Long Path to Justice
(p 46) -
Police Departments Buying Teslas
(p 47) -
Mens Rea: Criminal Liability Should Equal Criminal Intent
(p 48) -
First Circuit: Rehaif Error Rendered Guilty Plea Invalid
(p 49) -
Walter Forbes of Michigan Exonerated After 37 Years in Prison
(p 49) -
News in Brief
(p 50) -
The Need for Legislation Governing Police Use of Robots
(p 50)
January
- DEA Drops Contract with Vendor
-
Staggering Injustice
(p 1) -
Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation
(p 9) -
Federal Habeas Corpus: Retroactivity of New Rules
(p 10) -
Sex Panic: The War on Sex Offenders as Public Enemy Number One
(p 12) -
Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There
(p 16) -
Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy
(p 17) -
First Circuit: Double Jeopardy Protections Bar Government From Seeking Death Penalty at Retrial Where Jury’s Verdict Not Imposing Death at First Trial Ambiguous, and Trial Court Prematurely Declared Mistrial
(p 18) -
Fired San Francisco Cop Charged With Manslaughter for Fatally Shooting Unarmed Suspect
(p 19) -
California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death
(p 20) -
Ninth Circuit: Reasonable Suspicion Justifying Traffic Stop Doesn’t Provide Probable Cause to Open Door and Lean Inside Vehicle
(p 20) -
Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong.
(p 22) -
New York Court of Appeals Reverses Denial of Suppression Motion Where Prosecution Fails to Provide Specific Facts to Show Traffic Stop Was Lawful
(p 23) -
Michigan Voters Approve Constitutional Amendment to Protect Electronic Data and Communications
(p 24) -
Kansas Supreme Court Clarifies State Law Does Not Preclude Consent to Search Through Nonverbal Conduct
(p 24) -
Eighth Circuit Announces ‘Use of Minor’ Enhancement Inapplicable for Merely Buying Firearm From Minor
(p 26) -
Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply
(p 26) -
Illinois Supreme Court Announces Guilty Plea Doesn’t Bar Postconviction Claim of Actual Innocence and Provides Framework for Review
(p 28) -
Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute
(p 29) -
Montana Supreme Court: Statistical Evidence on False Accusations of Rape Improperly Bolstered Witness Credibility
(p 30) -
Eleventh Circuit Announces Drug Offenses Involving Multiple Drugs Can Qualify as ‘Covered Offense’ Under First Step Act if Crack One of the Drugs
(p 30) -
SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions
(p 32) -
Eleventh Circuit: District Court ‘Mischaracterizing’ Habeas Claim Left Claim Unresolved in Violation of Clisby, Requiring Remand
(p 32) -
New York Man Exonerated of Murder and Freed After 25 Years in Prison
(p 33) -
Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment
(p 34) -
Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings
(p 34) -
Fourth Circuit: Commercial Vehicle Permit Requirement Insufficient Grounds to Initiate Traffic Stop
(p 35) -
Eleventh Circuit: Private Probation Company With Financial Interest in its Sentencing Decisions Violates Due Process
(p 36) -
California Court of Appeal: Confrontation Clause Violation Where Supervisor, Not Lab Tech Who Performed Drug Tests, Testified at Trial
(p 36) -
Fifth Circuit: Conviction Vacated Because No Reasonable Suspicion to Search Person in High-Crime Area
(p 37) -
Third Circuit: IAC Where Counsel Failed to Object to Accomplice-Liability Jury Instruction in Murder Case That Relieved State of Proving Specific Intent
(p 38) -
Seventh Circuit: Prisoner Has Right to Know Conditions of Supervised Release Prior to Being Released
(p 39) -
Data Expose Demographics of Police Dog Bites
(p 39) -
When a Hung Jury Is Enough
(p 40) -
Audit of D.C. Forensics Lab Reveals History of Botched Forensic Analyses
(p 40) -
Multi-Agency Task Forces Manipulate Jurisdiction to Avoid Liability
(p 41) -
New Michigan Law Expands Criminal Records Expungement
(p 42) -
Inadequate and Outdated Training Results in Wild West Policing
(p 42) -
Athlete Settles Tasing Suit Against Milwaukee Police
(p 43) -
Eighth Circuit Affirms Habeas Relief, Finds Arkansas Supreme Court Wrongly Denied Defendant’s Self-Representation Request
(p 44) -
Police Unions Block Meaningful Criminal Justice Reform
(p 44) -
How Arkansas Criminalizes Poverty
(p 45) -
Massive Corruption of a Baltimore Task Force Exposed
(p 46) -
California Law Enforcement Strikes Out in 2020 Elections
(p 46) -
NYPD Agrees to Alter Religious Headwear Policy
(p 47) -
Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively
(p 48) -
Prosecutors Who Demand Accountability From Everyone But Themselves
(p 49) -
Louisiana Supreme Court Vacates Murder Conviction for Speedy Trial Violation
(p 50) -
News in Brief
(p 50)