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Archive: 2022

December

• The Twitter Files by Richard Resch, Benjamin Tschirhart
• California Cop Honored as ‘Employee of the Month’ Charged With Over a Dozen Sex-Related Crimes, Bail Set at $4.15 Million by Kaden Gicker
• Colorado Cops Charged After Train Slams into Cruiser Parked on Train Tracks With Handcuffed Suspect in Backseat by Kaden Gicker
• Former Memphis Cop Sentenced to 12 Years for Scheme to Torture and Rob Drug Dealers by Kaden Gicker
• Maryland Cop Arrested for Sexually Abusing Woman During Traffic Stop by Kaden Gicker
• Veteran Kansas Homicide Detective Charged in Sex-Trafficking Investigation Involving Girls as Young as 13 by Kaden Gicker
• False Confession Generator: How Accusatorial Interrogations Undermine the Pursuit of Justice by Anthony Accurso (p 1)
• Arizona Supreme Court Announces Jury Unanimity Required Regarding Narcotic Type Under Possession Statute by Anthony Accurso (p 15)
• Against the Flow: How the National Registry of Exonerations Is Working to Turn the Tide of Wrongful Convictions Across U.S. by Benjamin Tschirhart (p 16)
• Ninth Circuit Announces District Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law When Deciding Motion for Compassionate Release by Douglas Ankney (p 18)
• Across the Nation, Cops Use ‘Fog Reveal’ to Track More Than 250 Million Mobile Devices by Douglas Ankney (p 20)
• First Circuit Reverses Denial of Habeas Relief Where District Court Found Batson Error but Observed AEDPA, Deferred to State Court’s Finding that No Batson Error Occurred by Douglas Ankney (p 22)
• Federal Habeas Corpus: How to Raise an Actual Innocence Claim by Dale Chappell (p 24)
• Second Circuit Announces District Courts Must Provide Habeas Petitioners with Notice and Opportunity To Be Heard Before Dismissing Petition Sua Sponte Based on Stone’s Limitation on Fourth Amendment Claims by Douglas Ankney (p 26)
• Massachusetts Supreme Judicial Court: Criminal Record Alone Does Not Justify Patfrisk, Gun Discovered in Waistband Suppressed by Jacob Barrett (p 27)
• Third Circuit: Defendant Entitled to Reasonable Opportunity to File Sentencing Memo Before Resentencing Under First Step Act by David Reutter (p 28)
• Fifth Circuit Denies Absolute Immunity for Prosecutor Who Fabricated Evidence in Murder Conviction and Death Sentence by Douglas Ankney (p 30)
• Prosecutors in These States Can Review Sentences They Deem Extreme. Few Do. by Matt Nadel, Charlie Lee (p 32)
• Fourth Circuit Announces Substantive Reasonableness Review Applies to All Proceedings Under § 404 of First Step Act, Regardless of Whether Motion Is Granted or Denied by Douglas Ankney (p 34)
• Sixth Circuit Announces Criminal Forfeiture Under Fed. R. Crim. P. 32.2(b) Is Mandatory Claims-Processing Rule, Reverses $62.5 Million Money Judgments by Douglas Ankney (p 36)
• Colorado Supreme Court: Police Officer’s ‘Hunches’ Cannot Establish Probable Cause, Determination Requires Consideration of Facts Weighing in Favor and Against Probable Cause by Anthony Accurso (p 37)
• Kentucky Supreme Court Announces Obtaining Real-Time CSLI Data Constitutes a Search Under Fourth Amendment, Addressing Legal Question U.S. Supreme Court Explicitly Left Open in Carpenter by Anthony Accurso (p 38)
• New York Court of Appeals Reverses Murder Conviction Where Trial Court’s Evidentiary Rulings Deprived Defendant of ‘Opportunity to Present Complete Defense’ by Douglas Ankney (p 42)
• Eighth Circuit: District Court Erred in Denying Government’s Motion to Dismiss Charges as Part of Plea Agreement by David Reutter (p 44)
• Miami Police Officer Who Broke ‘Blue Code of Silence’ Being Investigated by Casey Bastian (p 44)
• For $10 Billion, New Yorkers Get a Police Package Deal That Includes Corrupt Career Officers and Almost 1,000 Criminal Cases Tossed by Douglas Ankney (p 45)
• NIST’s Upgrade to Software Reference Library Makes Data More Accessible to Law Enforcement by Douglas Ankney (p 45)
• Indiana Supreme Court Announces Trial Rule 26(B)(3) Governs Whether Police Reports Are Protected Work Product, Expressly Overruling Keaton by Douglas Ankney (p 46)
• Variability in Records Requests Obscures Police Use of Surveillance by Anthony Accurso (p 46)
• U.S. Senator to Federal Agency: Investigate Abusive Use of Administrative Subpoena Power to Gather Bulk Financial Records by Casey Bastian (p 47)
• Fog Data Science, Your Hometown Data Broker by Anthony Accurso (p 48)
• Due Processless Civil Asset Forfeitures in Houston, Texas by Edward Lyon (p 50)
• News in Brief (p 50)
• State Attorneys General Fear New FedEx and UPS Shipping Policies Will Allow the Feds to Bypass Warrant Requirements by Creating a Private Gun Registry by Jo Ellen Nott
• Tampa Police Chief Resigns After Caught Flashing Her Badge and Sense of Entitlement During Traffic Stop, Asking Cop if He Knew Who She Is by Jo Ellen Nott
• Pennsylvania’s Marijuana Pardon Project Had the Potential to Help Thousands but Fell Short by Jo Ellen Nott
• Aversion to Error: Americans View Wrongful Acquittals and Wrongful Convictions to Be Errors of Equal Magnitude by Casey Bastian (p 48)

November

• Hundreds of Convictions Dismissed in NYC Due to Crooked Cops by Jo Ellen Nott
• San Francisco Board of Supervisors Approve Use of Killer Robots in Increasingly Militarized Police Department by Jo Ellen Nott
• Missouri Legalizes Recreational Marijuana by Jo Ellen Nott
• Three Former Pennsylvania Cops Plead Guilty in Tragic Shooting Death of 8-Year-old Girl by Jo Ellen Nott
• Florida Crackdown Against Mostly Non-Existent Voter Fraud Has Ex-Felons Afraid to Vote or Cowered by Eligibility Requirements by Jo Ellen Nott
• The Pariah by Murtaza Hussain (p 1)
• Sixth Circuit: District Court Confused ‘Attenuation Doctrine’ and ‘Inevitable Discovery Exception’ in Applying Exclusionary Rule by Anthony Accurso (p 10)
• Texas Court of Criminal Appeals: Under State Felon in Possession of Firearm Statute, Possessing Multiple Firearms Simultaneously Constitutes One Offense, Not Multiple by Douglas Ankney (p 12)
• Fifth Circuit Announces Louisiana Aggravated Assault With Firearm Still Not ‘Crime of Violence’ After 2012 Amendment for Purposes of Sentencing Guidelines by Matthew Clarke (p 14)
• Seventh Circuit: Sentencing Court’s ‘Inoculating Statement’ Regarding Potential Guidelines Miscalculation Failed to Satisfy Conditions of Abbas by Douglas Ankney (p 14)
• Federal Habeas Corpus: Role of the Magistrate Judge by Dale Chappell (p 16)
• Michigan Supreme Court Announces Forfeited Structural Error Automatically Satisfies Third Prong of Plain Error Standard Without a Showing of Prejudice by Douglas Ankney (p 18)
• Massachusetts Supreme Judicial Court Announces New Rule Governing Warrants for CSLI and Tower Dumps, Suppresses CSLI Evidence Because Warrant Lacked Particularized Facts Establishing Nexus Between Defendant’s Use of Cell Phone and Charged Crimes by Anthony Accurso (p 20)
• DOJ: Unlawful Snitching Program Run by the Orange County, California, DA’s Office and Sheriff’s Department Compromised Unknown Number of Convictions by Jo Ellen Nott (p 22)
• Fourth Circuit: Coram Nobis Appropriate Remedy to Achieve Justice Where Petitioner Actually Innocent but Completed Sentence by Douglas Ankney (p 22)
• Pennsylvania Supreme Court Announces Challenge to Presumptively Vindictive Sentence Constitutes ‘Legality Challenge’ and Thus Cognizable Under PCRA by Harold Hempstead (p 24)
• Ninth Circuit Clarifies Framework for Applying Minor-Role Adjustment in U.S. Sentencing Guideline § 3B1.2(b) by Douglas Ankney (p 25)
• Washington Supreme Court Announces Race and Ethnicity Are Relevant Factors in Analysis of Whether Someone Has Been ‘Seized’ by Jacob Barrett (p 26)
• Wyoming Supreme Court: Preventing Door From Slamming in Face of Police Officer Does Not Constitute Implied Consent to Enter Home Without a Warrant by Anthony Accurso (p 28)
• First Circuit Announces Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law in Determining Whether ‘Extraordinary and Compelling’ Reason Exists for Compassionate Release in Prisoner-Initiated Motion by Jacob Barrett (p 30)
• Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher Charge by Jacob Barrett (p 32)
• Seventh Circuit Announces Adoption of Uniform Procedure to Be Followed Where Plea Agreement Includes an ‘Appeal Waiver’ and Defendant Files Notice of Appeal by Douglas Ankney (p 33)
• Rhode Island Supreme Court: DUI Suspect Was in ‘Custody’ so Un-Mirandized Roadside Statements Properly Suppressed by Mark Wilson (p 34)
• Social Media Surveillance by Jayson Hawkins (p 35)
• IRS Continues Practice of Government Agencies Hiding Their Abuse of Civil Forfeiture Procedures by Douglas Ankney (p 36)
• Pennsylvania Supreme Court Announces Challenge to SORNA-Based Illegality of Sentence Claim Cannot Be Waived, Allowing for Challenge at Any Time — Even if First Raised on Appeal by Anthony Accurso (p 36)
• Institutional Resistance to Police Reform Continues by Jayson Hawkins (p 37)
• Illinois Law Protects Personal Data by Jayson Hawkins (p 38)
• Next Gen Facial Recognition Identifies Your Associates, Too by Anthony Accurso (p 38)
• Study Examines Link Between Fines and Crime by Jayson Hawkins (p 40)
• Location Tracking Devices Can Create the Appearance of Guilt by Benjamin Tschirhart (p 41)
• New York Follows California’s Lead Becoming Second State To Require Microstamping of Semiautomatic Handguns by Douglas Ankney (p 41)
• The Sixth Amendment Right to Assistance of Legal Counsel: An Examination of Federal Justice System Outcomes by Casey Bastian (p 42)
• Drone Company Is Establishing Cozy Relationship With Police by Anthony Accurso (p 44)
• The Insidious Nexus Between Law Enforcement Budget Increases and Misdemeanor Policing by Casey Bastian (p 45)
• Corporate Data Brokers Help Law Enforcement Spy on Millions of Law-Abiding People by Anthony Accurso (p 46)
• $175,000 Awarded to Colorado Man Tased by Cop Angered Over His ‘Fuck Bad Cops’ Placard by Douglas Ankney (p 47)
• That Robotaxi Is Watching You by Anthony Accurso (p 47)
• Predictive Policing Doesn’t Reduce Crime but Does Increase Targeting of Vulnerable Communities by Casey Bastian (p 48)
• Prosecutorial Misconduct Cause of More Than 550 Death Penalty Reversals and Exonerations by Jacob Barrett (p 49)
• Michigan Makes Civil Forfeiture Easier at Airports by Jayson Hawkins (p 49)
• New FBI Tip Line: Further Incentive to Abuse Civil Asset Forfeiture by Casey Bastian (p 50)
• News in Brief (p 50)
• Texas Requires Convict to Register as Sex Offender After Serving His Time for Car Theft, No Sex Crime Committed. by Jo Ellen Nott

October

• Autistic Capitol Rioter Receives Probation, Not Prison, for His Participation in the January 6 Riot by Jo Ellen Nott
• Maryland’s AG to Review 100 In-Custody Deaths After Chief Medical Examiner’s Testimony at George Floyd Trial Prompts 400 Colleagues to Question His Work by Jo Ellen Nott
• Newly Hired Florida Cop Arrested for Pawning Multiple Police-Issued Guns and Fraudulently Using Partner’s Credit Card by Kaden Gicker
• Philadelphia DA Krasner Calls Cop’s Arrest for Sexual Exploitation of Children ‘An Extremely Disturbing Case’ by Kaden Gicker
• Ohio Supreme Court Permanently Removes Judge Who Engaged in Wide-Ranging Pattern of Misconduct by Kaden Gicker
• Texas Teen Who Was Shot Repeatedly by Cop While Eating Hamburger Clings to Life by Kaden Gicker
• Massachusetts State Police Lieutenant Pleas Guilty to Thousands of Dollars’ Worth of Overtime Fraud by Kaden Gicker
• Equitable Criminal Sentencing Technology Makes History in Alachua County, Florida by Jo Ellen Nott
• Kansas Cop Allowed to Keep His License After Being Fired for Hog Tying and Tasing an Autistic Foster Child by Jo Ellen Nott
• No Qualified Immunity for Colorado Cop Who Killed a Puppy in Empty Parking Lot by Jo Ellen Nott
• The Battle Against CSAM: The Front Line of the Government’s War on the Fourth Amendment by Anthony Accurso (p 1)
• Illinois Supreme Court Announces Krankel’s Pro Se Posttrial IAC Procedure Applies to Juvenile Delinquency Proceedings and Clarifies That Krankel Procedure Applies to Both Appointed and Retained Counsel by Mark Wilson (p 13)
• Federal Habeas Corpus: Obtaining Habeas Relief After a Guilty Plea by Dale Chappell (p 14)
• Washington Supreme Court Clarifies Burden of Production Standard for Entrapment to Be Entitled to Jury Instruction by Matthew Clarke (p 16)
• Seventh Circuit: Indiana Statute on Dealing Methamphetamine Facially Overbroad and Does Not Qualify as Aggravated Felony for Immigration Purposes by Jacob Barrett (p 18)
• Sixth Circuit: Conspiracy to Commit Hobbs Act Robbery and Attempted Hobbs Act Robbery Are Not Qualifying Predicates to Sustain § 924(j) Conviction by Douglas Ankney (p 19)
• Tenth Circuit Rules Trooper’s Hunches Insufficient to Prolong Traffic Stop, Explains ‘Rodriguez Moment,’ and Suppresses Evidence Obtained as Result of Unlawful Seizure by Anthony Accurso (p 20)
• California Court of Appeal: Statute Allowing Noncitizens to Vacate Convictions Due to Failure to Understand Adverse Immigration Consequences Applies Retroactively to Convictions Resulting From Trials That Are Not Yet Final by Harold Hempstead (p 22)
• Digital Privacy and Law After Dobbs by Anthony Accurso (p 24)
• Third Circuit Announces Conspiracy to Commit ‘Crime of Violence’ Not ‘Crime of Violence’ for Purposes of Sentencing Enhancement Under Guideline § 2K2.1(a)(4) by Douglas Ankney (p 24)
• Seventh Circuit: Fugitive’s Cell Phone Tracked to Apartment Building Does Not Establish Reasonable Suspicion of Criminal Activity for Warrantless Seizure and Search of All Occupants and Apartments in Building by Anthony Accurso (p 26)
• Eleventh Circuit Reverses Denial of First Step Act Relief Where District Court Construed Letter Asking About Eligibility To Be Motion Requesting Relief by Douglas Ankney (p 28)
• Fourth Circuit: Convictions Identified in PSR but Not Relied Upon as Predicates for ACCA Enhancement at Sentencing Cannot Be Substituted for Subsequently Disqualified Original Predicate Convictions on Collateral Review by Douglas Ankney (p 30)
• Chicago’s Traffic Camera Program: Racial and Income Disparities for Black and Hispanic Drivers by Harold Hempstead (p 31)
• Utah Supreme Court Explains Community Caretaker Exception to Warrant Requirement and Grants Motion to Suppress of Defendant Convicted of DUI Found Sleeping in Parked Car at 24-Hour Restaurant by Douglas Ankney (p 34)
• Fifth Circuit Orders Limited Remand Where District Court’s Denial of First Step Act Relief Unclear by Douglas Ankney (p 35)
• Fourth Circuit: Plea Agreement Barred Prosecution of Dismissed Charges After Successfully Appealing Conviction by David Reutter (p 36)
• Studies Place ‘Rationality’ of Residential Restrictions in Doubt by Jayson Hawkins (p 36)
• Book Review: Manufacturing Criminals: Fourth Amendment Decay in the Electronic Age by Anthony Accurso (p 38)
• Oregon Supreme Court: State Sentencing Guidelines Control Repeat Sex Offender Downward Departure Sentences by Mark Wilson (p 39)
• California Court of Appeal Explains ‘Automobile Exception’ and ‘Plain-View Seizure’ Doctrines, Rules Warrantless Seizure of Defendant’s Vehicle Parked on Friend’s Property Violates Fourth Amendment by Anthony Accurso (p 40)
• CBP Deploys Surveillance Blimp Over Nogales, Arizona by Anthony Accurso (p 41)
• Eleventh Circuit Court of Appeals: Rehaif Announced New Rule of Substantive Law and Applies Retroactively to Initial § 2255 Motions by David Reutter (p 42)
• Drones Gaining Popularity as a Law Enforcement Tool by Casey Bastian (p 42)
• Californians Now Have Say in Whether Their Local Police Force Looks Like a Military Outpost by Douglas Ankney (p 44)
• Citizen Programs Have Positive Impact for Crisis Calls, Resulting in Fewer Arrests and Hospitalizations for Mental Health Crisis Calls by David Reutter (p 44)
• Common Sense Changes Can Fix the Cracks in Forensic Science’s Foundation by Jacob Barrett (p 45)
• Daniel Taylor Was Innocent. He Spent Decades in Prison Trying to Fix the State’s Mistake. by Steve Mills (p 46)
• 93-Year-Old Woman Owed $2,300 in Tax Debt so Government Sold Her $40,000 Home and Kept all Proceeds by Ashleigh Dye (p 50)
• News in Brief (p 50)

September

• Federal Judge Rules Arizona Law Making It Illegal to Film Cops Within 8 Feet Is Unnecessary by Jo Ellen Nott
• Colorado Female Suspect Hit by Freight Train While Sitting in Cop Car by Jo Ellen Nott
• LA County Sheriff Alex Villanueva Continues to Threaten and Intimidate Critics Who Question How He Handles His Gang-Infested Sheriff’s Department by Jo Ellen Nott
• Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions by Dale Chappell, Jacob Barrett (p 1)
• California Court of Appeal Vacates Conviction Because Generic Immigration Consequences Warning Insufficient for Defendant to Understand Mandatory Immigration Consequences as a Result of Guilty Plea by David Reutter (p 15)
• The FBI’s Gestapo Tactics: Hallmarks of an Authoritarian Regime by Nisha Whitehead, John W. Whitehead (p 16)
• California Court of Appeal: Defendant’s ‘Novel Interpretation’ of Pen. Code § 1203.01 Entitles Him to Have Trial Court Consider Motion to Correct Post-Judgment Record 40 Years After Conviction Final by Douglas Ankney (p 18)
• SCOTUS Announces Government Must Prove Physicians in § 841 Prosecutions ‘Knowingly and Intentionally’ Exceeded Their Authorization to Prescribe Controlled Substances, Such as Opioids by Harold Hempstead (p 20)
• Texas Court of Criminal Appeals: Warrant to Search Cellphone Must Establish Nexus Between Device and Offense Beyond ‘Boilerplate’ Language About Cellphones Being Ubiquitous and Used in Crimes by Anthony Accurso (p 21)
• Hawai’i Supreme Court Announces Medical ‘Rule-Out Questions’ Prior to Field Sobriety Test Are Interrogation Triggering Miranda Requirements by Anthony Accurso (p 22)
• New Jersey Supreme Court Orders New Trial Because Detective Failed to Clarify Suspect’s Ambiguous Request for Counsel During Interrogation by Douglas Ankney (p 24)
• Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar by Dale Chappell (p 26)
• Third Circuit Announces First Step Act Applies Retroactively to Defendant Whose Pre-Act Sentence Vacated After Act’s Enactment by Harold Hempstead (p 26)
• SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment by Harold Hempstead (p 28)
• Fifth Circuit: Officer’s Testimony About CI’s Controlled Buy That He Did Not Personally Witness Violates Confrontation Clause by Mark Wilson (p 30)
• SCOTUS Refuses to Extend Bivens Remedy to Either First Amendment Retaliation Claim or Fourth Amendment Excessive-Force Claim by Dale Chappell (p 31)
• Tech Giants Support Ban on Geofence and Reverse Keyword Warrants by Anthony Accurso (p 33)
• Seventh Circuit: Federal Habeas Corpus – AEDPA Time Limit Opens Door for Savings Clause Relief by Dale Chappell (p 34)
• Ohio Supreme Court: Amendment to Statute That Shifts Burden of Proof to State Regarding Self-Defense Applies to All Pending and New Trials After Effective Date, Regardless of When Alleged Crime Occurred by Douglas Ankney (p 36)
• New Mexico Supreme Court Announces Judicial Misconduct May Bar Retrial Under Double Jeopardy Clause of State Constitution by Douglas Ankney (p 37)
• USSC Report Highlights Problems with Sentencing in Child Porn Cases by Dale Chappell (p 38)
• California Court of Appeal Announces Term ‘Actual Killer’ in Revised Felony-Murder Statute Refers to Person Who ‘Personally Killed’ Victim, Not Necessarily Same as Person Who ‘Caused’ Death, for Resentencing Purposes Under § 1170.95 by Matthew Clarke (p 40)
• Forensic Psychiatrist Questions the Value of Memory by Jayson Hawkins (p 41)
• The Blue Wall of Silence: Law Enforcement Whistleblowers Face Severe Retaliation by Casey Bastian (p 42)
• Fourth Amendment Loopholes and the PATRIOT Act’s Legacy by Anthony Accurso (p 45)
• FBI Phone Hack May Have Monitored Americans in Operation Trojan Shield by Jayson Hawkins (p 47)
• Psychological Repercussions of Surveillance by Anthony Accurso (p 48)
• Chicago PD Is Spying on Social Media Using Fake Profiles Provided by the FBI by Anthony Accurso (p 49)
• Understanding Environmental Effects on Blowflies Permits Fine-Tuning of Evidence Revealed From Fly Colonization of Decomposing Bodies by Douglas Ankney (p 50)
• Study Shows Crime Reduced When Crisis Teams, as Opposed to Police, Respond to Low-Level Crimes by Jacob Barrett (p 50)
• News in Brief (p 51)
• Framed by Dirty Chicago Detective Reynaldo Guevara, Marilyn Mulero Is Exonerated After 28 Years in Prison by Jo Ellen Nott
• A Drunk Off-Duty Long Island Cop Seriously Injured a Two-Year-Old. It Took Newsday Reporting to Expose his Department’s Latest Cover-Up by Jo Ellen Nott
• Georgia Deputy Police Chief Attending Lie Detector Workshop in Orlando Scammed Out of $200 by Prostitute Then Arrested for Soliciting an Undercover Cop During Sting by Jo Ellen Nott
• Speed Trap Gold Mine by Jayson Hawkins (p 46)

August

• ICE Used Fake University to Entrap Foreign Students to the Tune of $6 Million, Ruining Their Lives by Jo Ellen Nott
• Woman Raped on the Street in French Quarter, Police Unresponsive as Bystander Pleads for Them To Help Victim by Jo Ellen Nott
• Corrupt Kansas City Detective Sexually Assaulted Women with Impunity for Years by Jo Ellen Nott
• Indirect DNA Transfer Can Result in Miscarriages of Justice by David Reutter (p 1)
• Manhattan DA Launches Conviction Review Unit by Jayson Hawkins (p 9)
• New Jersey Supreme Court Announces Framework for Determining Constitutionality of Warrantless Protective Sweep of Home Where Arrest Is Made Outside the Home by Douglas Ankney (p 10)
• SCOTUS Holds AEDPA’s Restrictions on Habeas Relief Trump Federal Courts’ Authority Under All Writs Act by Dale Chappell (p 13)
• FBI Gets New Mass Surveillance Tool by Jayson Hawkins (p 14)
• Federal Habeas Corpus: Taking an Appeal After the Denial of Habeas Relief by Dale Chappell (p 16)
• First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Offense Insufficient by Richard Resch (p 18)
• How Many Federal Crimes Are There? by Casey Bastian (p 20)
• Vaccine Passports Raise Privacy Issues and Create a Class of Undesirables by David Reutter (p 22)
• First Circuit: Procedurally Unreasonable for District Court to Base Upward Variance on Defendant’s Prior Arrests by Douglas Ankney (p 25)
• SCOTUS Holds Attempted Hobbs Act Robbery Not a ‘Crime of Violence’ Under a § 924(c)(3)(A) by Dale Chappell (p 26)
• Outdated Wiretap Law Gives Feds Easy Access to Metadata by Anthony Accurso (p 27)
• Law Enforcement Refuse to Admit Most Forensic Science Is Junk Science by Casey Bastian (p 28)
• California Court of Appeal: Exclusion of Expert Witness at SVP Trial as Remedy for Discovery Violation Constitutes Denial of Constitutional Due Process by David Reutter (p 30)
• California Court of Appeal: Assembly Bill 124 Applies Retroactively and Includes Psychological Trauma Based Upon Mental Illness as Mitigating Factor Under § 1170(b)(6) by Harold Hempstead (p 31)
• Sixth Circuit Announces Full, Unconditional Pardon, Regardless of Issue of Innocence, Meets Heck Requirement of Invalidated Conviction; § 1983 Claims May Be Pursued by Harold Hempstead (p 32)
• FBI Forces Suspect to Unlock Messaging App Using FaceID by Anthony Accurso (p 32)
• Colorado Supreme Court Announces Courts Not Required to Address All 11 Brown Factors in Ruling on Defendant’s Motion for Continuance to Change Counsel by Harold Hempstead (p 34)
• California Court of Appeal: New Law Requiring Bifurcated Trial on Gang Enhancements Applies Retroactively by David Reutter (p 35)
• New Jersey Supreme Court Announces ‘Non-Transparent’ for Purposes of Tinted Window Violation Justifying Traffic Stop Means Front Windows Dark Enough That Police Can’t Clearly See People or Items Inside Vehicle by Anthony Accurso (p 36)
• SCOTUS Announces Judge’s Error of Law Constitutes ‘Mistake’ for Purposes of Reopening a Case Under Federal Rule of Civil Procedure 60(b)(1) by Dale Chappell (p 37)
• Sixth Circuit: Government Cannot Withdraw Consent to Lesser Included Charge After Defendant Pleaded Guilty but Court Reject Plea Agreement by David Reutter (p 38)
• New Jersey Supreme Court: Defendant Did Not Voluntarily Waive Privilege Against Self-Incrimination Because Police Persistently Contradicted and Undermined Significance of Miranda During Interrogation by Richard Resch (p 39)
• Connecticut Supreme Court Announces Trial Courts, Prospectively, Must Canvass Defendants Who Seek to Waive Right to Testify to Ensure Waiver Is Made Knowingly, Intelligently, and Voluntarily by Anthony Accurso (p 40)
• Missouri Supreme Court: Defendant Entitled to ‘Castle Doctrine’ Jury Instruction Even Though Assailant Not Unlawfully in Vehicle at Very Moment of Use of Deadly Force by Harold Hempstead (p 42)
• Minnesota Supreme Court Announces Expanding Scope of Traffic Stop to Investigate Occupant’s Pretrial Release Conditions Violates Minnesota Constitution by Douglas Ankney (p 44)
• Sixth Circuit Reverses Denial of First Step Act Relief Because Sentence Imposed Is Substantively Unreasonable by Douglas Ankney (p 45)
• San Francisco DA’s Inaugural Innocence Commission Frees Its First Victim of Wrongful Conviction by Keith Sanders (p 47)
• Inextricably Intertwined: The Practice of Negotiated Pleas and the Rise of Mass Incarceration in America by Casey Bastian (p 48)
• News in Brief (p 50)
• $670,000 Awarded to Use Virtual Reality to Evaluate Eyewitness Accuracy by Jacob Barrett (p 50)
• Use of Death Penalty Continues to Decline in the U.S. by Douglas Ankney (p 50)
• Juvenile Justice Reform on the Agenda in Michigan after Teen Sent to Prison for Not Doing Online Homework by Jo Ellen Nott
• NJ Collects DNA Samples of All Babies Born in State and Police Can Access Data
• Prosecutorial Extortion: Alleged Drug Dealer Agrees to $300,000 Seizure in Face of Charges Threatened Against Entire Family by David Reutter (p 15)
• Seventh Circuit Vacates Sentence Because Government Failed to Meet Its Burden to Support Uncharged Drug Quantity Under Rule 32 by Douglas Ankney (p 20)
• Death Penalty Reversals Tied to Prosecutor Misconduct in at Least 5% of Cases by Jo Ellen Nott

July

• Police Dog Rips a Suspect’s Eye from Its Socket after Pretextual Traffic Stop by Jo Ellen Nott
• Arizona Law Limits Free Speech by Allowing Police to Verbally Create a No Recording Perimeter by Jo Ellen Nott
• Drug Detection Dogs Are Unreliable and Reflect the Vicious Heritage of Their Slave-Hunting Dog and Police-Dog Predecessors by Matthew Clarke (p 1)
• Texas Court of Criminal Appeals Clarifies Prejudice Standard for IAC Based on Faulty Probation Eligibility Advice Is an Effect on Defendant’s Decision Making, Not Different Outcome by Mark Wilson (p 10)
• Everybody’s Guilty: To the Police State, We’re All Criminals Until We Prove Otherwise by Nisha Whitehead, John W. Whitehead (p 12)
• Colorado Supreme Court Announces ‘Reasonable Likelihood’ Framework for Determining Whether Trial Court’s Comments to Prospective Jurors Lowered Prosecution’s Burden of Proof by Douglas Ankney (p 16)
• Iowa Supreme Court: Warrantless Entry Into Home for Misdemeanor Arrest Violates Both U.S. and Iowa Constitutions and Requires Suppression of Evidence by Mark Wilson (p 18)
• Police Often Use ‘Cover Charges’ to Mask False Arrests and Police Brutality by Casey Bastian (p 22)
• Eighth Circuit: Government Breached Plea Agreement by Relying on Pre-Plea Conduct to Dispute Acceptance of Responsibility Despite Acknowledging Defendant Qualified for Credit in Agreement by Richard Resch (p 24)
• California Supreme Court Announces Uncharged Lesser Firearm Enhancement May Be Substituted Under § 12022.53 by Mark Wilson (p 25)
• California Court of Appeal: Gang Enhancements Remanded for Retrial Under AB 333; Sameness Requirement Satisfied (p 26)
• Maryland Court of Appeals: Kazadi Applies to Cases Where Issue Was Preserved at Trial but Appeal Not Yet Noted at Time Kazadi Decided by Douglas Ankney (p 27)
• Third Circuit Suppresses Evidence Found After Police Created Safety Concern to Justify Prolonging Traffic Stop by Anthony Accurso (p 28)
• California Supreme Court Announces Conspiracy to Commit Home Invasion Robbery Not Subject to Enhancement to Indeterminate Life Sentence Under Penal Code § 186.22(b)(4) by Matthew Clarke (p 30)
• Fifth Circuit: District Court Miscalculated Sentencing Guidelines Range by Implausibly Finding Defendant Would Use All Cash Proceeds of Drug Sales Seized to Purchase More Meth to Resell by Douglas Ankney (p 30)
• Commentary: Exploring Implications of the Supreme Court’s Expansion of Second Amendment Rights by Professor Douglas A. Berman (p 32)
• Third Circuit: District Court’s Focus on Substance of Defendant’s Meritless Arguments in Denying Request to Represent Himself Resulted in Inadequate Inquiry Prior to Denial in Violation of Sixth Amendment by Matthew Clarke (p 34)
• Fourth Circuit: South Carolina Marijuana Law Not a Categorical Match to Federal Law for ACCA Sentencing by David Reutter (p 35)
• Hawai’i Supreme Court Holds Randomness and Violent Nature of Crime Alone Insufficient to Establish Exigent Circumstances for Warrantless Entry Into Suspect’s Home by Anthony Accurso (p 36)
• Tenth Circuit: Guilty Plea Not Knowing and Voluntary Because Sentencing Court Failed to Ask Follow Up Questions After Defendant Said He’s Off His Medication and ‘Mind Isn’t Right’ by David Reutter (p 37)
• Sixth Circuit: COA Not Required to Appeal Order Denying Rule 4(a)(5) Motion for Extension of Time to File Notice of Appeal by Douglas Ankney (p 38)
• Pennsylvania Supreme Court Clarifies Ex Post Facto Analysis Focuses on When, Not Where, Crime Occurred and Does Not Require Showing of Disadvantage to Defendant by Douglas Ankney (p 40)
• Inflation Transforming Petty Offenses Into Felonies by Douglas Ankney (p 41)
• The War in Ukraine Raises Awareness About Secure Communications During a Crisis by Douglas Ankney (p 41)
• Ohio Justice Calls for Plea Bargaining Reform to End ‘Sentencing by Ambush’ by David Reutter (p 42)
• Your Data Is For Sale and Anonymization Is Meaningless by Anthony Accurso (p 43)
• Michigan Supreme Court Announces Punishment for Second-Degree Murder and Involuntary Manslaughter When Based on Same Conduct Violates Prohibition Against Double Jeopardy by Anthony Accurso (p 44)
• NYPD Continues Its Longstanding Tradition of Thwarting Misconduct Investigations and Evading Accountability by Douglas Ankney (p 44)
• FBI’s ‘Rich Neighborhood’ Breach Practice by Jayson Hawkins (p 45)
• Nebraska Company Providing Digital Wiretaps of Messaging Platforms to Law Enforcement Agencies by Anthony Accurso (p 45)
• Quattrone Center Reveals Lack of Transparency Concerning Prosecutorial Misconduct Claims Report identifies over 7,000 instances of state attorney conduct that ‘did not comport’ with ethical, procedural, or legal rules by Casey Bastian (p 46)
• Chicago PD Emphasizing Facial Recognition for Investigations by Anthony Accurso (p 47)
• Illinois Limits Police Access to Data Stored by Third Parties by Anthony Accurso (p 48)
• Border Patrol Agents Track and Spy on U.S. Journalists and Unidentified Members of Congress by Douglas Ankney (p 48)
• Maine’s Law Enforcement Agencies, Like Those of Most States, Don’t Track Complaints Against Police Officers by Douglas Ankney (p 49)
• ‘Freedom Commons Academy’ Provides Former Prisoners Housing and Structured Re-entry Services in Syracuse by Casey Bastian (p 49)
• Prosecutor’s Sentencing Message to Defendant: Insist on Trial, Pay with Your Liberty by David Reutter (p 50)
• News in Brief (p 50)
• Louisville Metro Police Indulging in Misconduct Since 2017 Keeps the FBI Busy by Jo Ellen Nott
• Black Man Lies Paralyzed in Hospital Bed After Negligent Transport by Cops by Jo Ellen Nott

June

• Deputy U.S. Marshall Tracks Girlfriends With Sensitive Law Enforcement Tool by Kevin Bliss
• Oklahoma Planning Executions for 25 Men, Including Plausibly Innocent Richard Glossip by Jo Ellen Nott
• Texas Police Refuse to Release Bodycam Footage From the Uvalde School Shooting, Claiming It Could Expose Law Enforcement ‘Weakness’ by Brooke Kaufman
• Blue Lies Matter by Nia T. Evans (p 1)
• Missouri Supreme Court: Witness’ Two-Way Live Video Feed Testimony Violates Confrontation Clause by Jacob Barrett (p 8)
• Federal Habeas Corpus: Jurisdictional Pitfalls When Seeking Habeas Relief by Dale Chappell (p 10)
• New Jersey Supreme Court: Description of Race and Gender of Robbery Suspects, Without More, Doesn’t Constitute Reasonable Suspicion for Investigatory Traffic Stop of Black Motorists by Mark Wilson (p 12)
• Commentary: Attacking the Guilty Plea—Court Cautions More Time Possible in Child Porn Case if Post-Conviction Motion Successful by Dale Chappell (p 13)
• SCOTUS: No Procedural-Default Exceptions to Excuse Federal Habeas Evidentiary Hearing Bar by Dale Chappell (p 14)
• Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation by David M. Reutter (p 16)
• Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal by David M. Reutter (p 16)
• Federal Prosecutors Directed to Stop Obtaining Compassionate Release Waivers From Defendants During Plea Agreements and to Not Enforce Previously Obtained Waivers by Harold Hempstead (p 18)
• Ninth Circuit Holds Statute Criminalizing Encouraging or Inducing Alien to Reside in U.S. Is Overbroad and Facially Unconstitutional by Mark Wilson (p 18)
• Seventh Circuit: District Court’s Failure to Exercise Discretion After Erroneously Finding Defendant Ineligible for Relief Under First Step Act Was Abuse of Discretion by Douglas Ankney (p 20)
• Cop Training Other Cops to Use Facial Recognition to ID Individuals During Traffic Stops by Anthony Accurso (p 20)
• Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence by David M. Reutter (p 22)
• Seventh Circuit Vacates Sentence Where District Court’s Rationale for Defendant’s Offense Level Unclear by Douglas Ankney (p 22)
• California Court of Appeal: Trial Court Violated Humphrey by Setting High Bail Without Considering Financial Condition of Defendant or Nonfinancial Conditions of Release by Matthew Clarke (p 24)
• U.S. Treasury Bypasses Fourth Amendment by Buying Location Data for Law Enforcement Purposes by Anthony Accurso (p 24)
• Texas Court of Criminal Appeals Announces Coty’s ‘Inference-of-Falsity’ Framework Extended to Apply to Police Officers With Established History of Falsifying Evidence in Drug Cases by Richard Resch (p 26)
• The Feds Are Monitoring Messaging Apps, and Some Are Shockingly Unsecure by Anthony Accurso (p 27)
• Cops in Virginia Beach Used Fake DNA Reports During Interrogations by Douglas Ankney (p 28)
• Tenth Circuit Vacates Special Conditions of Supervised Release Where District Court Failed to Make Appropriate Findings and Provide Adequate Explanation by Douglas Ankney (p 30)
• Fourth Circuit: Good Cause Not Required to Withdraw Consent to Magistrate Judge’s Jurisdiction Prior to Other Parties Consenting by Harold Hempstead (p 31)
• Kentucky Supreme Court: Traffic Stop Impermissibly Extended Where Officer Stopped Writing Citation to Aid Drug-Detection Dog’s Sniff of Vehicle’s Exterior by Anthony Accurso (p 32)
• New Jersey Supreme Court: Youth May Be Considered as a Mitigating Factor but Not Aggravating Factor in Sentencing by David Reutter (p 33)
• Texas Court of Criminal Appeals Announces Overruled Motion for New Trial May Be Amended With Court’s Leave Within 30-Day Period After Sentenced Imposed by Matthew Clarke (p 34)
• Tenth Circuit Announces District Court Abused Discretion by Imposing Harsher Sentence Based on Defendant’s Decision to Plead Guilty Without Plea Agreement by David Reutter (p 35)
• Expert Forensic Testimony Flawed by Implicit Racial Bias by Casey Bastian (p 36)
• Oregon Becomes 38th State to Enact Wrongful Conviction Compensation Law by Mark Wilson (p 38)
• Organization Created Platform to Log Police Misconduct in North Carolina by Ashleigh Dye (p 40)
• Federal Officers Can Violate Civil Rights With Near Impunity - Supreme Court’s Refusal to Consider New Bivens Contexts Provides Protection to Those Who Abuse Their Authority by Casey Bastian (p 40)
• A Union Scandal Landed Hundreds of NYPD Officers on a Secret Watchlist. That Hasn’t Stopped Some From Jeopardizing Cases. by Jake Pearson (p 42)
• Police Outsourcing Reduces Transparency by Anthony Accurso (p 44)
• COVID-19 Measures Do Not Interfere with Jurors’ Ability to Distinguish Between Truth and Lies by Casey Bastian (p 45)
• The Right to be Forgotten by David Reutter (p 45)
• Oregon Bans Pre-Conviction Mugshot Public Disclosure by Mark Wilson (p 46)
• Racially Disparate Sentencing Patterns Prevalent Amongst Federal Judges by Casey Bastian (p 46)
• What Happened When Oakland Tried to Make Police Pay For Misconduct Decades Ago by Akintunde Ahmad (p 48)
• Council of State Governments Initiates Efforts to Reduce Barriers to Employment for the Formerly Incarcerated by Douglas Ankney (p 50)
• News in Brief (p 50)
• FOIA Request Reveals Cincinnati Cop Had Sex While On-Duty With Sex Workers He Searched in Police Database by Brooke Kaufman

May

• A House Built on Discriminatory Sand by Anthony Accurso (p 47)
• Jury Nullification: The People’s Tool Against Bad Laws and Bad Legal Actors by J.D. Schmidt (p 1)
• New RECOVER Fingerprint Technology Used to Solve 1983 Cold Case by Casey Bastian (p 13)
• Federal Habeas Corpus: Post-Filing Procedures in Seeking Habeas Relief by Dale Chappell (p 14)
• Excited Delirium—the Diagnosis That Doesn’t Exist by Brooke Kaufman (p 16)
• New York Court of Appeals: Frye Hearing Required to Determine Admissibility of DNA Evidence Generated by Proprietary Forensic Statistical Tool by Douglas Ankney (p 19)
• Use of Controversial Phone-Cracking Tool Is Spreading Across Federal Government by Sam Biddle, Mara Hvistendahl (p 20)
• California Court of Appeal: Trial Court Must Receive Parole Agency’s Written Report Before Ruling on Parole Revocation Petition for Lifetime Parolee Despite Remand to Prison Being Mandatory by Douglas Ankney (p 22)
• Michigan Supreme Court: IAC Where Defense Counsel Failed to Request Instruction on Defense-of-Others for Nonassaultive Offense of Home Invasion, Orders New Trial by David Reutter (p 24)
• West Virginia Supreme Court: Defendant Who Provided False Information to Detective Who Failed to Identify Himself as Police Officer Has No Duty to Cure False Statement Upon Learning Detective Is a Police Officer by Douglas Ankney (p 26)
• Maine Now Requires Criminal Conviction Before Property May Be Forfeited by Douglas Ankney (p 26)
• Tenth Circuit: Judgment of Conviction Becomes Final for § 2255 SOL Purposes Upon Conclusion of Direct Review of Deferred Restitution by Douglas Ankney (p 28)
• New Hampshire Supreme Court: Warrant Required to Enter Walled-In Porch Attached to Mobile Home by Anthony Accurso (p 30)
• Second Circuit: Multi-Object Drug Conspiracy Involving Crack and Other Drugs Eligible for First Step Act Relief by Dale Chappell (p 31)
• Book Review: ‘The PLRA Handbook: Law and Practice Under the Prison Litigation Reform Act’ by John Boston by Matthew Clarke (p 32)
• Sixth Circuit: No Abuse of Discretion in U.S. District Courts Imposing Habeas Remedy Different Than That Required Under State Law by Dale Chappell (p 32)
• SCOTUS Announces § 1983 Malicious Prosecution Claim’s ‘Favorable Determination’ Requirement Satisfied by Showing Prosecution Ended Without a Conviction by Richard Resch (p 34)
• Minnesota Supreme Court: Depraved-Mind Murder Requires Mental State of Generalized Indifference to Human Life, Which Cannot Exist Where Defendant Kills With Particularity by Douglas Ankney (p 35)
• Martinsville Seven Pardoned 70 Years After Execution by Anthony Accurso (p 36)
• Sixth Circuit: Evidence Withheld by Prosecutor Opens Door for Successive Habeas Petition by Dale Chappell (p 36)
• SCOTUS Adds Extra Obstacle to Federal Habeas Relief for State Prisoners, Ruling Both Brecht and the AEDPA Must Be Satisfied by Dale Chappell (p 38)
• Pennsylvania Supreme Court Announces Smell of Marijuana Alone No Longer Establishes Probable Cause to Conduct Warrantless Vehicle Search by Douglas Ankney (p 39)
• ABA Says Oregon Needs 1,296 More Public Defenders by Mark Wilson (p 40)
• New Yorkers With Criminal Record Struggle for Approval to Rent Homes by Ashleigh Dye (p 41)
• Idaho Supreme Court Announces Prospectively Testimony by Drug Recognition Expert Requires State to Comply With Expert Witness Disclosure Requirements of Rule 16(b)(7) by Douglas Ankney (p 42)
• Filmmaker Got Back His $69,000 ‘Stolen’ by DEA Agent, Plus a $15,000 Settlement by Harold Hempstead (p 43)
• California Court of Appeal: Trial Court’s Dismissal of Charge Based on Express Statement of ‘Insufficient Evidence’ Is Equivalent to Acquittal for § 1170.95 Resentencing by Douglas Ankney (p 44)
• When Your Criminal Case Is Dropped, But Your Mugshot Lives Forever by Julie Levitch (p 45)
• First Study of Police De-Escalation Training Shows Impressive Results by Douglas Ankney (p 49)
• Costs of Untested Rape Kits by Jayson Hawkins (p 50)
• News in Brief (p 50)
• Police Using Copyrighted Music to Avoid Accountability by Kevin Bliss
• Texas Prosecutor Spent 20-Year Career Also Working as Law Clerk to Judges He Appeared Before by Kevin Bliss
• California County Sheriff Targets Companies Associated With Legal Marijuana Sales by Kevin Bliss
• Attorney General Garland Calls for More Openness From Federal Agencies by Kevin Bliss
• Weed Now Legal in New Jersey, New Yorkers Cannot Cross State Lines With It by Jo Ellen Nott
• The Pseudoscientific Practice of Blood Spatter Analysis How the Desire for Convictions Drives Flawed Prosecutions by Anthony Accurso (p 1)
• Tennessee County Disproportionately Jails Black Children, and It’s Not Getting Better by Jacob Barrett (p 14)
• Digital Tyranny: Beware of the Government’s Push for a Digital Currency by Nisha Whitehead, John W. Whitehead (p 16)
• California Court of Appeal: Fifth Amendment Violation Where Police Use Two-Step Interrogation in Deliberate Strategy to Circumvent Miranda by Richard Resch (p 18)
• Seventh Circuit: Four-Year Delay in Filing Appeal Excused Habeas Exhaustion Requirement Because Any Further Attempts for Postconviction Remedies in State Court Would Have Been Futile by Dale Chappell (p 20)
• Ninth Circuit: IAC for Failure to Engage Mental Health Expert and Testing, State PCR Court’s Decision Contrary to Federal Law and Defective Factfinding, Habeas Relief Granted by Dale Chappell (p 22)
• Hawaii Supreme Court: Due Process Violation to Exclude Evidence of Victim’s BAC in Assault Case in Which Defendant Claims Self-Defense by Matthew Clarke (p 24)
• Sixth Circuit: Courts May Consider Nonretroactive Change in Law as One of Several Factors for Extraordinary and Compelling Circumstances for Compassionate Release by Matthew Clarke (p 26)
• Maryland Court of Appeals Announces Accepting Empaneled Jury Doesn’t Waive Prior Objection to Trial Court’s Refusal to Propound a Voir Dire Question by Douglas Ankney (p 28)
• United States Has Four Percent of the Global Population and Over Thirteen Percent of Global Deaths at the Hands of Law Enforcement by Casey Bastian (p 30)
• I, Robot, Am The LAW! by J.D. Schmidt (p 33)
• Thanks to Homeowner’s Private Security Camera Catching Cops’ Blatant Misconduct, He’s a Free Man by Douglas Ankney (p 35)
• SCOTUS Rejects Government’s Interpretation of the ACCA’s ‘Occasions Clause’ That Would Make It Possible to Become ‘a Career Criminal in the Space of a Minute’ by Richard Resch (p 36)
• Kentucky Supreme Court: Officer’s History of Arresting Defendant on Multiple Occasions Constituted ‘Show of Authority’ That Defendant Was Not Free to Leave, Resulting in Unlawful Terry Stop by Anthony Accurso (p 38)
• Connecticut Supreme Court: Trial Court Abused Discretion by Limiting Self-Represented Defendant’s Direct Examination Regarding Risk of Injury to a Child by Matthew Clarke (p 39)
• Fifth Circuit Affirms Habeas Relief and New Trial Based on Counsel’s Failure to Interview State’s Key Eyewitness in Murder Case by Dale Chappell (p 40)
• Minnesota Supreme Court Announces Confession Must Be Corroborated by Independent Evidence Crime Occurred, Rejects Federal ‘Trustworthiness Standard’ for Corpus Delicti Rule by Douglas Ankney (p 41)
• Crushing Whistleblowers by Jayson Hawkins (p 42)
• California Court of Appeal Orders New Trial Due to Jurors Considering Potential Penalty During Guilt Phase of Deliberations by Douglas Ankney (p 44)
• Colorado Supreme Court Announces Parents’ Income That’s Unavailable to Defendant Who Lives With Them Expense-Free Not Included in Indigency Determination for Court-Appointed Counsel by Matthew Clarke (p 45)
• FOIA Request Reveals How the FBI Obtains and Analyzes Cellular Provider Data by Anthony Accurso (p 46)
• Vermont Supreme Court: Under Totality of Circumstances, Police Interview of Defendant in Store Parking Lot Was ‘Custodial Interrogation,’ Triggering Requirement for Miranda Warnings by Anthony Accurso (p 47)
• Facbook Reminds Police, No Dummy Accounts for Surveillance by Anthony Accurso (p 48)
• Government Drones Compromise National Security, yet the NYPD Uses Them by Ashleigh Dye (p 49)
• News in Brief (p 50)
• Discredited Narcotics Unit Revamped as Firearms Unit by Douglas Ankney (p 50)
• LASD Defends Practice of Stopping Latino Bicyclists, Says People Using Bikes for Transportation Are Generally Criminals by Douglas Ankney (p 50)
• Tenth Circuit Announces That After Borden An Offense That Can Be Committed ‘Recklessly’ Is Not Categorically a ‘Crime of Violence’ Under § 924(c)’s Elements Clause by Douglas Ankney
• Dozens of Convictions Related to Corrupt Convicted Former Chicago Cop Vacated by Brooke Kaufman
• Bribery and Drug Charges Results in 8 Year Sentence for Former Corrupt NYPD Officer by Brooke Kaufman
• Florida Sheriff’s Version of Fiscal Responsibility— ‘We Prefer’ Homeowners Shoot Burglars to ‘Save Taxpayer Money’ by Brooke Kaufman

April

• Former Boston police union boss pleads guilty to child rape and abuse charges by Brooke Kaufman
• New York Senate Bill to Speed up FOIL Requests by Kevin Bliss
• Dangerous ‘Dead Crimes’ That Are Still on the Books by Brooke Kaufman
• Woman Suing Deputy, Who Has a History of Performing Anal Cavity Searches During Traffic Stops, for Forcibly ‘Baptizing’ Her During Traffic Stop Found Dead by Brooke Kaufman
• In a First of Its Kind Alert, Your Phone Became a Police Radio in Search for Subway Shooter by Brooke Kaufman
• Report Finds LAPD Cops Rarely Face Discipline for Violating Deadly Force Policy by Jo Ellen Nott
• Civil Asset Forfeiture Still Abused by Florida Law Enforcement by Kevin Bliss
• Jury Awards $14 Million to Anti-police Brutality Protesters Brutalized by Colorado Police Officers by Brooke Kaufman
• You Have the Right to Record Law Enforcement Officers — Including at the Border by Brooke Kaufman
• Postal Inspectors Have Been Illegally Spying on Americans by Brooke Kaufman
• L.A. Is Investigating 50-Year-Old Police Gangs, Finally by Jo Ellen Nott
• Pennsylvania Clearing the Way for More Clemencies and Commutations in 2022 by Jo Ellen Nott
• Lies the Police Can Legally Tell You (And How to Respond) by Brooke Kaufman
• Police Are Spending COVID-19 Relief Funds on New Technology by Brooke Kaufman
• Ex-Pennsylvania Police Chief Found Guilty of Raping Girl, 6, With His Friend for Years by Brooke Kaufman
• DOJ: More Police Departments Declining to Report Hate Crimes by Brooke Kaufman
• Car Snitch Loophole: Can Police Use Bluetooth to View Personal Data Without a Warrant? by Brooke Kaufman

March

• 50 Years After Nixon’s Commission Declared Criminal Laws Were ‘Too Harsh’ on Pot Users, the Federal Ban Remains in Place by Brooke Kaufman
• Tased Genitals During Traffic Stop: ‘Unlawful, Potentially Criminal, and One of the Most Cruel and Troubling Cases of Police Misconduct,’ Say Police Experts by Brooke Kaufman
• NYC Mayor Eric Adams Asks the Public to Stop Recording Police Encounters. What Will Happen to Police Accountability? by Brooke Kaufman
• Rape Victim’s DNA Was Used by Police to Arrest Her on Unrelated Charges Six Years Later
• North Carolina Governor Grants Clemency to 3 People Convicted as Juveniles
• A Guide to Getting the Most Out of a Plea Bargain by Jacob Barrett (p 1)
• Second Circuit: District Court Required to Explain Rationale for Reducing Sentence to ‘Time Served’ Under First Step Act but Refused to Reduce Supervised Release Portion of Sentence Despite Being Longer Than New Mandatory Minimum by Dale Chappell (p 7)
• What You Need to Know Before Contacting a Conviction Integrity Unit by Kia Hall Hayes, Marissa Boyers Bluestine (p 8)
• Study Examines the ‘Black Box’ of Prosecutorial Charging and Plea Bargaining Discretion by David Reutter (p 10)
• Man Rejects Plea Deal and Is Sentenced to 110 Years in Colorado Prison for Doing So by Ashleigh Dye (p 13)
• Systematic Lying in Plea Bargaining Is a Feature, Not a Flaw by David Reutter (p 14)
• Iowa Supreme Court Clarifies When Forensic Interviews of Child Complaining Witnesses Are Admissible by Douglas Ankney (p 16)
• Sixth Circuit: Government Violated Plea Agreement by Arguing for Sentence Exceeding Guidelines Range, Despite Promise Not to ‘Suggest in Any Way’ Variance Is Appropriate by David Reutter (p 18)
• Tenth Circuit: Where Defendant Actually Sentenced to Drug Treatment and Probation Rather Than 28-32 Months in Prison as Per State Sentencing Guidelines, Conviction Can’t Serve as Predicate ‘Felony’ for 18 U.S.C. § 922(g)(1) by Dale Chappell (p 20)
• ACLU Report Suggests Disturbing Pattern of Police Surveilling Protests to Identify People Peacefully Protesting Police Brutality (p 21)
• Plea Bargaining: An Illegitimate System to Administer Justice? by David Reutter (p 22)
• First Circuit: Appellate Counsel’s Failure to Raise Brady Claim on Direct Appeal Constituted Ineffective Assistance of Counsel Under Strickland, § 2255 Motion Granted by Anthony Accurso (p 24)
• Ending Eyewitness Memory Contamination by Matthew Clarke (p 26)
• Fourth Circuit: Bodily Injury Sentence Enhancement for Robbery Inapplicable Where Victim Sustained ‘Momentary’ Injury and Sought ‘Precautionary’ Medical Treatment by Jacob Barrett (p 30)
• Iowa Supreme Court Reverses Conviction Where Prosecutor Allowed to Amend Trial Information at Trial to Charge a ‘Wholly New and Different Offense’ by David Reutter (p 30)
• Texas Court of Criminal Appeals: Trial Court Did Not Abuse Discretion by Granting Rule 508 Motion to Dismiss Capital Murder Charge Where State Refused to Disclose Identity of Confidential Informant by Douglas Ankney (p 32)
• Vermont Supreme Court Announces Rule 12.1 Doesn’t Require Notice of Diminished Capacity Defense When Expert Testimony Won’t Be Used by Matthew Clarke (p 33)
• California Court of Appeal: Hearing on Discretionary Resentencing Under §1170.91(b)(1) for U.S. Servicemembers Requires Only That Petition Allege Defendant ‘May’ Be Suffering From a ‘Qualifying Condition’ by Douglas Ankney (p 34)
• Fifth Circuit: Aggravated Assault in Texas Does Not Qualify as Aggravated Felony Under 8 U.S.C. § 1326(b)(2), Reentry With Prior Aggravated Felony by Jacob Barrett (p 35)
• Massachusetts Supreme Court: Prosecution Failed to Prove Defendant Knowingly, Voluntarily, and Intelligently Waived Right to Counsel After Having Asked for Lawyer Earlier But Officer Continued to Engage in ‘General’ Talk for Nearly 45 Minutes by Anthony Accurso (p 36)
• Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’ by David Reutter (p 37)
• A ‘Lucky’ Exoneration in Syracuse by Jayson Hawkins (p 38)
• Ninth Circuit Announces Irizarry Didn’t Eliminate Wise Requirement That Sentencing Court Provide Notice of Special Conditions of Supervised Release Prior to Imposing Sentence by Matthew Clarke (p 39)
• Maryland Prosecutor Covers for FBI Agent’s Lies in Defense of Junk Science by Jayson Hawkins (p 40)
• SCOTUS Rejects ‘Opening the Door’ Rule to Correct ‘Misleading Impression’ as Exception to Confrontation Clause Allowing Admission of Unconfronted Testimonial Hearsay by Richard Resch (p 40)
• North Dakota Supreme Court Suppresses Evidence Found in Passenger’s Backpack Located Outside Vehicle When Drug-Detection Dog Alerted to Presence of Drugs Inside Vehicle by Anthony Accurso (p 42)
• Fear and Freedom Twenty Years Later: How Post 9/11 Security Measures Overstepped Privacy by Ashleigh Dye (p 43)
• FBI Program Surveils Subject for 24 Days Using Spy Planes by Anthony Accurso (p 44)
• California Court of Appeal Announces Suffering From a Nonqualifying Mental Disorder While Also Suffering From a Qualifying Disorder Does Not Bar Eligibility for Mental Health Diversion Under § 1001.36 by Anthony Accurso (p 44)
• Google Confirms Increasing Police Reliance on Geofence Warrants by Anthony Accurso (p 45)
• Pandemic Pressures Defendants into False Guilty Pleas by David Reutter (p 46)
• NYPD Using Secret Money for Surveillance Tech by Anthony Accurso (p 47)
• Search Your Constitution in Vain for the Fourth Amendment—the DOJ Seized It (Stealthily) by Douglas Ankney (p 47)
• Geofencing Warrants Are Putting Civil Rights and Free Speech in Jeopardy by Dale Chappell (p 48)
• Dangers of Data Gathering by Los Angeles Police Department by Edward Lyon (p 48)
• Oregon Bans Police Lying to Obtain Confessions from Juveniles by Jacob Barrett (p 49)
• ‘Possible Cause’ Is All That’s Needed for Geofence Warrants by Douglas Ankney (p 50)
• Police Disparage Philadelphia Citizenry with False Report That SEPTA Riders Stood Idle While Passenger was Raped by Douglas Ankney (p 50)
• News in Brief (p 50)
• U.S. Police Have a Surplus of Tactical Gear. They’re Donating It to Ukraine.
• FBI hiding an unpublished police use-of-force database from FOIA requesters by Brooke Kaufman
• Head of State Police Admits Agency Broke the Law Sanitizing Top Leaders’ Cell Phones by Brooke Kaufman
• What to do if a cop tries to scan your face during a traffic stop by Brooke Kaufman
• They Told Her She Could Register to Vote. Why Should She Be in Prison for Their Error? by Brooke Kaufman
• App designed to Lower Incarceration Rate and Save Taxpayer Money, Too by Brooke Kaufman
• ‘Sentence First; Verdict Afterwards’: Civil Asset Forfeiture Ruins Lives on Basis of Allegations by Jo Ellen Nott

February

• Rogue Alabama Police Department That Preyed on Motorists Condemned Even by Fellow Cops for Extorting Motorists by Jo Ellen Nott
• 54 California Highway Patrol Officers Busted in Overtime-Fraud Scheme
• Why Does Florida Maintain a Sex-Offender Registry That’s Only 38.5% Accurate? by Jo Ellen Nott
• Killer Cops in Florida Have Their Identity Shielded by Invoking Law Intended to Protect Victims by Jo Ellen Nott
• Acquitted Conduct Sentencing by Douglas Ankney (p 1)
• Mental Health Response Teams Proved Effective in New York City by Casey Bastian (p 9)
• ‘Planning for Losing’: A Lesson on Justice Reform from Afghanistan by Marc Levin (p 10)
• Texas Court of Criminal Appeals: Defendant Satisfied Requirements of Confession and Avoidance, ‘Unintentional Self-Defense’ Jury Instruction Allowed Against Charge of Intentional Offense by Douglas Ankney (p 12)
• Fourth Circuit: State’s Failure to Plead Procedural Default Results in De Novo Review on Merits; Prosecutor’s Comments to Jury to Send ‘Societal Message’ Denied Defendant Fair Trial, Habeas Relief Warranted by Dale Chappell (p 14)
• Mental Illness and False Confessions: A Wakeup Call to Investigators by Joseph Buckley (p 16)
• Georgia Supreme Court Declares ‘Relevance’ Not Legal Standard for Suppression Determination Where Items Seized Outside Scope of Warrant, Clarifies Plain View Doctrine Proper Standard, and Overrules McBee, Walsh Line of Cases by Anthony Accurso (p 18)
• Michigan Supreme Court Announces 2011 SORA May Not Be Retroactively Applied to Registrants Whose Offenses Predated Its Enactment Because Doing So Violates Prohibition on Ex Post Facto Laws by Douglas Ankney (p 20)
• California Now Able to Decertify Bad Cops by Edward Lyon (p 21)
• Texas Court of Criminal Appeals: Trial Court Abused Discretion by Refusing to Allow Withdrawal of Jury-Trial Waiver for Defendant Who Ultimately Rejected Plea Deal by David Reutter (p 22)
• Texas Court of Criminal Appeals: Although Subsequent Indictment Recites Same Language as Original Indictment, SOL Isn’t Tolled Where Subsequent Indictment Fails to Charge Same Conduct, Act, or Transaction by Douglas Ankney (p 22)
• Idaho Supreme Court Rejects ‘Instinctive Entry Rule’ as Not Implicating Fourth Amendment Where Drug-Sniffing Dog Breaches Interior of Vehicle During Exterior Search and Suppresses Evidence by Douglas Ankney (p 24)
• SCOTUS Announces Pursuit of a Misdemeanant Does Not Categorically Constitute an Exigent Circumstance Authorizing a Warrantless Home Entry by Douglas Ankney (p 26)
• Pennsylvania Supreme Court Announces New Framework for Enforcing Right to Effective Counsel in Post-Conviction Relief Act Proceeding by Douglas Ankney (p 28)
• Connecticut Supreme Court Overrules Aquino, Holding Appeal Not Moot Where Defendant Deported During Pendency but Unclear Whether Appealed Conviction Sole Basis for Deportation by Douglas Ankney (p 30)
• Nevada Supreme Court: Prisoner’s Claim He Is Now Actually Innocent of Death Penalty Sufficient to Overcome Proce-dural Bars to Habeas Relief by Douglas Ankney (p 32)
• California Court of Appeal: Peremptory Challenge to Judge in Habeas Case Subject to 10-Day Filing Period, Not 60 Days, Under § 170.6(a)(1) by Dale Chappell (p 32)
• SCOTUS: Rehaif Error Doesn’t Automatically Require Reversal of Conviction, Plain-Error Test Must Be Satisfied for Re-lief by Dale Chappell (p 34)
• Oregon Supreme Court Announces Abandonment of Per Se Exigency Rule in Automobile Exception and Holds Warrantless Seizure or Search Must Be Based on Actual Exigent Circumstances by Jacob Barrett (p 35)
• Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis by Douglas Ankney (p 37)
• Massachusetts Supreme Judicial Court Announces Bodycam Video Subsequently Reviewed in Unrelated Investigation Constitutes Unconstitutional Warrantless Search by Anthony Accurso (p 38)
• Concealed Videos Expose Pattern of Abuse by Louisiana State Police by Jayson Hawkins (p 39)
• Vermont Supreme Court Announces Proper Legal Standard for Warrantless Search of Home’s Curtilage by Anthony Accurso (p 40)
• Eighth Circuit: Inadmissible Hearsay Improperly Used to Revoke Supervised Release by Matthew Clarke (p 41)
• Facial Recognition Run-Down by Anthony Accurso (p 42)
• Rutgers University Pioneers New Jersey Innocence Project by Casey Bastian (p 43)
• Massachusetts Remains a Civil Forfeiture Outlier by Jayson Hawkins (p 44)
• Sixth Circuit: Michigan’s Ordinarily ‘Adequate’ Contemporaneous-Objection Rule, in Unique Circumstances, May Not Procedurally Bar Federal Habeas Review by Dale Chappell (p 44)
• Non-Prosecution Policies Seem to Work in Baltimore by Jayson Hawkins (p 45)
• Florida’s Catch-22 for the Innocent Defendant (and Others Wishing to Protect Their Right Against Self-Incrimination) by M. Eve Hanan (p 46)
• DEA Continues to Seize Money Without Proof of Criminality by Casey Bastian (p 46)
• Big Tech Using Third Parties to Sell Surveillance Tools to ICE and Border Patrol by Anthony Accurso (p 47)
• Pegasus Software: State-sponsored Spyware Usage Likely Infecting Billions of Phones by Casey Bastian (p 48)
• Armed Police Drones Are Coming by Anthony Accurso (p 48)
• News in Brief (p 50)
• Melodramatic Police Press Conferences Regarding Contact with Fentanyl Being Fatal to Cops Is Missing Key Element—the Truth, Lament Experts Who Say It’s ‘Not Possible’
• Friendly Reminder: Yes, You Can Say (and Even Yell) ‘Fuck You’ to the Police by Richard Resch

January

• South Florida Sergeant Grabs Fellow Female Cop by the Throat for Stopping Him From Using Excessive Force Against a Handcuffed Suspect by Jo Ellen Nott
• You’re Still Fired, California Appellate Court Tells Cops Who Chased Virtual Pokéman GO Characters Rather Than Help Catch Real Life Suspects During Robbery In Progress by Jo Ellen Nott
• Excited Delirium: Junk Science Used to Shield Cops Who Brutalize and Kill by Jo Ellen Nott
• DC Metro Allows Bad Cops to Stay on the Force by Jo Ellen Nott
• A Closer Look at Sex Offender Registries by Casey Bastian (p 1)
• Eighth Circuit Reiterates Statute of Conviction Determines Eligibility for Sentence Reduction Under First Step Act, Not Actual Conduct by Dale Chappell (p 16)
• Why Punishing Bad Prosecutors Won’t Fix a Bad System by James Doyle (p 18)
• California Supreme Court Announces Standard of Review and Required Showing for Prejudicial Error Under § 1473.7 to Vacate Plea Due to Lack of Understanding of Immigration Consequences by David Reutter (p 20)
• Idaho Supreme Court Announces Whether a Container Is Located Inside or Outside Vehicle When Probable Cause Arises Determines if Container May Be Searched Under Automobile Exception, Joining Conclusion of Several Other States by Anthony Accurso (p 22)
• Texas Court of Criminal Appeals: Police Deception That Statements Wouldn’t Be Used Against Defendant Requires Suppression by Anthony Accurso (p 23)
• SCOTUS Reverses Tenth Circuit’s Denial of Qualified Immunity for Fatal Police Shooting by Douglas Ankney (p 24)
• Sixth Circuit Vacates Sentence for Impermissible Triple-Counting of Guidelines Enhancements for Ungrouped Offenses by Dale Chappell (p 24)
• New Jersey Directive Provides Relief for Certain Drug Offenders by Casey Bastian (p 26)
• California Court of Appeal: Trial Court Required to Provide Notice and Consider Information Provided by Parties Before Ruling on CDCR Recommendation to Recall Sentence Pursuant to § 1170(d)(1) by Douglas Ankney (p 26)
• Seventh Circuit Announces Standard of Review for Bond Revocation of Defendant on Pretrial Release by Douglas Ankney (p 28)
• Kansas Supreme Court: Counsel Ineffective for Failing to Request ‘Voluntary Act’ Jury Instruction in Trial for Rape of Child Younger Than 14 Where Defendant Argued She Was Forcibly Raped by Purported ‘Victim’ by Douglas Ankney (p 30)
• Sixth Circuit Announces District Court Has Power to Waive Interest on Restitution Post-Sentencing, Resulting in Circuit Split by Dale Chappell (p 30)
• Third Circuit Rules Pennsylvania Courts’ Application of Federal Law Objectively Unreasonable, Overturns Conviction and Death Sentence, Grants Habeas Relief by Dale Chappell (p 32)
• Idaho Supreme Court Declares Clarke Merely Memorialized Constitutional Principle That Warrantless Arrest for Misdemeanor Completed Outside Officer’s Presence Violates State Constitution and Applies to Cases Prior to Clarke by Douglas Ankney (p 33)
• Snitch Visas: A Pipe Dream by David Reutter (p 34)
• Second Circuit Announces Defendant Need Only Produce ‘Some Credible’ Evidence for Jury Instruction on Entrapment Defense, Clarifying It’s a Burden of Production, Not Persuasion by Douglas Ankney (p 34)
• New Digital Warrants Undermine Fourth Amendment by Anthony Accurso (p 36)
• California Court of Appeal Announces Trial Courts Have Authority to Deny Request for Continuance of Motion to Suppress for Failure to Show ‘Good Cause’ Even if it Results in Dismissal, Rejecting Ferrer by Douglas Ankney (p 36)
• FBI Gives Green Light for Use of Rapid DNA Solution in Booking Stations by Douglas Ankney (p 37)
• Tenth Circuit Rules Impounding Car Following Arrest on Outstanding Warrant Was Pretextual, Suppresses Evidence Discovered, Reverses Convictions by Anthony Accurso (p 38)
• Pushback on Police Lying to Obtain False Confessions by Jayson Hawkins (p 39)
• Pennsylvania Supreme Court Announces Driver Who Leaves Scene of Accident Subject to Only One Hit-and-Run Violation, Regardless of How Many Victims by Douglas Ankney (p 39)
• Civil Forfeiture Under Fire in Massachusetts by Jayson Hawkins (p 40)
• Why Won’t the State of Missouri Release Innocent Men From Prison? by Casey Bastian (p 41)
• ShotSpotter Acoustic Detection System Another Example of a Forensic Tool Shrouded in Secrecy and Prone to Questionable Results by Casey Bastian (p 42)
• Oregon Bill Makes it More Difficult to Hide Police Misconduct by Jacob Barrett (p 43)
• Some Cities Taking Holistic Approach to Public Safety by Casey Bastian (p 44)
• New Study Reveals Digital Forensic Examiners Inclined to Biasability by Casey Bastian (p 44)
• Criminal Justice Legislation Signed by North Carolina Governor by Ashleigh Dye (p 45)
• Government Keyword Searches Revealed by Jayson Hawkins (p 46)
• Who You Gonna Call When You Don’t Want the Cops? There’s a Website for That by Casey Bastian (p 47)
• D.C. Circuit: Government Breached Plea Agreement by Violating Ambiguous Terms, Ambiguities Resolved in Favor of Defendants, Sentence Vacated by David Reutter (p 48)
• Eleventh Circuit: Georgia Aggravated Assault with a Deadly Weapon Only Requires Mens Rea of Recklessness Thus Not a ‘Violent Felony’ Under ACCA by Dale Chappell (p 49)
• Minnesota Police Hand Out ‘Not-Reaching’ Pouches to Reduce Police Shoot-ings of Motorists by Dale Chappell (p 50)
• News in Brief (p 50)
• Traffic Stops Spiral Out of Control and Motorists Killed by Cops by Jo Ellen Nott