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Archive: 2024

December

• Touch-Transfer DNA Remains Misunderstood and Still Poses High Risk of Wrongful Conviction by J.D. Schmidt (p 1)
• From the Editor by Richard Resch (p 11)
• Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction by Sam Rutherford (p 13)
• Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defendant About Mandatory Sentences If Plea Offer Rejected by Sam Rutherford (p 16)
• You’d Better Watch Out: The Surveillance State Is Making a List, and You’re On It by John W. Whitehead, Nisha Whitehead (p 16)
• Kansas Supreme Court Announces Defendant-Witness Retains Fifth Amendment Privilege Against Compelled Self-Incrimination After Guilty Plea and Sentencing as Long as Testimony Sought Presents Legitimate Risk of Incrimination by Sam Rutherford (p 21)
• First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo by Sam Rutherford (p 24)
• California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment by Sam Rutherford (p 26)
• Colorado Supreme Court Announces When Deciding Defendant’s Pro Se Motion Requesting Counsel on Postconviction Review, Trial Court Must Either Deny Entire Motion or Permit All Claims If Any Have Arguable Merit by Sam Rutherford (p 28)
• Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits by Sam Rutherford (p 29)
• Scent of Death Evidence Admitted at Indiana Murder Trial by Sam Rutherford (p 30)
• Recovering Deleted Messages by Michael Thompson (p 30)
• Washington Supreme Court Declines to Expand Scope of Attenuation Doctrine Under State Constitution and Reverses Murder Conviction Based on Unlawfully Seized by Sam Rutherford (p 34)
• Why Aren’t Eligible Individuals Taking Advantage of Expungement Laws? by Michael Thompson (p 35)
• Las Vegas Jury Finds Detectives Fabricated Evidence Against Woman Who Spent 15 Years in Prison for Murder and Awards Her $34 Million by James Mills (p 35)
• Maryland Supreme Court Announces New Constitutional Rule Requiring Voir Dire Questions Related to Child-Witness Credibility and Abrogates Prior Inconsistent Case Law by Sam Rutherford (p 38)
• California Court of Appeal Announces Postconviction Discovery Permitted in Resentencing Under Penal Code § 1172.6 for Felony Murder and Natural and Probable Consequences Murder Convictions by Sam Rutherford (p 40)
• Eleventh Circuit Announces Defendant Must Know Leaving Residential Facility Without Permission Is ‘Unlawful’ for Escape Conviction Under 28 U.S.C. § 4082(a) by Matthew Clarke (p 40)
• Federal Law Enforcement Using Banks to Circumvent Warrant Requirement in Surveilling Sensitive Financial Data of Americans by James Mills (p 42)
• Sixth Circuit Announces Ohio’s Standard for Judicial Bias Contrary to Clearly Established Federal Law, Holds Trial Judge Unconstitutionally Biased in Capital Case and Defendant Denied Right to Present Mitigating Evidence, Grants Habeas Relief by Sam Rutherford (p 43)
• Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation by Sam Rutherford (p 43)
• DNA on Fired Cartridge Casings: Promising Advances to Link Suspects to Crime Scenes (p 45)
• News in Brief (p 49)
• Forensic Genetic Genealogy: Police Are Searching Genetic Genealogy Companies’ Databases Regardless of Whether They Have Permission by Matthew Clarke, Ann Foster (p 1)
• Montana Supreme Court: Expert Witness Testimony Presented Via Two-Way Video Conferencing Technology Violates Confrontation Clause by Sam Rutherford (p 12)
• Indigent Defense: Appointed Counsel Does Not Mean Free Counsel by David Reutter (p 14)
• Parole Rate Plummets in South Carolina by Matthew Clarke (p 15)
• Washington Supreme Court Announces Prohibition Against Use of ‘In-Court Holding Cell’ for Court Proceedings Without Individualized Determination of Need by Sam Rutherford (p 16)
• False Confessions and Wrongful Convictions: Known Causes and Steps to Eliminate Them by Douglas Ankney (p 18)
• Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution by Dale Chappell (p 22)
• Texas Court of Criminal Appeals Announces Prosecution’s Duty to Provide Discoverable Evidence Upon Request Applies to Discoverable Items in Law Enforcement Agencies’ Possession Unbeknownst to Prosecution and Exclusion Is Appropriate Remedy for Violation by Sam Rutherford (p 24)
• Second Circuit Holds Full De Novo Resentencing Hearing Required Based on Partially Successful Habeas Petition Where Resentencing Judge Not Original Judge and Changed Circumstances Plausibly Alleged by Sam Rutherford (p 26)
• Michigan Supreme Court: Fundamentally Unfair to Deny Indigent Defendant Funds to Retain False Confession Expert Where Genuineness of Confession Key Issue at Trial by Sam Rutherford (p 28)
• Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony by Sam Rutherford (p 30)
• Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized by Anthony Accurso (p 32)
• Missouri Man Awarded Record $38 Million After Insurance Company Refuses to Pay Wrongful Conviction Settlement by Sam Rutherford (p 33)
• Wrongfully Convicted Actor Exonerated After 24 Years in Prison (p 33)
• California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing by Sam Rutherford (p 35)
• Arkansas Supreme Court Announces Petition for Testing Forensic Evidence Based on Advances in Technology Under Act 1780 of 2001 May Be Filed by Anyone Convicted of a Crime, Not Just Those Still in State Custody by Anthony Accurso (p 35)
• Rhode Island Supreme Court: Officer Lacked Reasonable Suspicion for Terry Stop Based on Unsubstantiated, Anonymous Tip by Sam Rutherford (p 37)
• Third Circuit: Despite ‘Expressly and Repeatedly’ Requesting Low-End Sentence, Government Breached Plea Agreement by Emphasizing ‘Heinous’ Nature of Offense and Presenting Victim-Impact Evidence at Sentencing Thereby Undermining Recommendation by Sam Rutherford (p 39)
• Indiana Supreme Court: Defendant Entitled to Discharge by Showing No Court ‘Congestion’ After Trial Court’s Unexplained Denial of Speedy Trial Motion by Sam Rutherford (p 41)
• Mississippi Supreme Court: Defendant’s Guilty Plea Not Knowing and Voluntary Because He Was Not Informed of His Habitual Offender Status by Sam Rutherford (p 44)
• Washington Supreme Court: Judgment and Sentence Facially Invalid Based on Miscalculated Offender Score Despite Defendant’s Stipulation to Exceptional Sentence by Sam Rutherford (p 45)
• Cell-Site Simulator Proposal: A Glimpse Inside the Black Box Whose Secrets Are Protected by NDAs and Obfuscation by Michael Thompson (p 47)
• News In Brief (p 49)
• Chula Vista’s Police Drones by Michael Thompson (p 49)

November

• Angola Prisoners Granted Limited Relief From “Farm Line” Work (p 50)
• Broken Trust The Pervasive Role of Deceit in American Policing by Andrew Eichen (p 1)
• University of Maryland Carey Law Pioneers Forensic Defense Clinic (p 18)
• WhatsApp’s Security Team Identifies Vulnerabilities by Michael Thompson (p 18)
• Seventh Circuit Announces Search of Cellphone at Border Constitutes Routine Inspection and Does Not Require Warrant, Probable Cause, or Even Individualized Suspicion by Sam Rutherford (p 20)
• Delaware Supreme Court: Counsel Ineffective for Failing to Challenge Search of Cellphone Where Consent Was Ambiguous and Warrant Constituted a General Warrant by Sam Rutherford (p 22)
• Barrier-­Crime Laws Continue to Unjustly Prohibit Otherwise Qualified Persons With Prior Convictions From Employment by Douglas Ankney (p 23)
• Cops Hide Behind Encrypted Radio by Michael Thompson (p 27)
• Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated by Sam Rutherford (p 28)
• Overthrowing the Constitution: All Sides Are Waging War on Our Freedoms by John W. Whitehead, Nisha Whitehead (p 30)
• California Court of Appeal: Wearing Puffy Jacket on Hot and Humid Night Does Not Constitute Reasonable Suspicion of Criminal Activity by Anthony Accurso (p 33)
• Ninth Circuit Announces California Carjacking Conviction Not Categorically ‘Crime of Violence’ Under Immigration Law for Removal Purposes by Sam Rutherford (p 35)
• SCOTUS Clarifies Prejudice Standard Under Strickland for Ineffective Assistance of Counsel Claims at Capital Sentencing by Sam Rutherford (p 37)
• Oregon Supreme Court Further Clarifies ‘Guilty Except for Insanity’ Defense by Sam Rutherford (p 39)
• Wisconsin District Attorneys’ Police Brady Lists Often Secret, Incomplete, or Nonexistent by Matthew Clarke (p 41)
• Georgia Supreme Court: Discovery of Common Law Wife’s Infidelity Entitled Defendant to Voluntary Manslaughter Instruction in Malice Murder Prosecution by Sam Rutherford (p 42)
• Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community by Anthony Accurso (p 44)
• Chicago PD Continues Racial Profiling While Underreporting Incidents of Traffic Stops by Jo Ellen Nott (p 45)
• Wisconsin Supreme Court: Officer Violated Fourth Amendment by Exceeding Scope of Community Caretaking Function During Traffic Stop by Sam Rutherford (p 46)
• Seventh Circuit Holds Sentencing Guidelines Commentary Still Entitled to Deference by Sam Rutherford (p 48)
• ICE’s Deadly Force Problem: A Culture of Impunity by Jo Ellen Nott (p 48)
• News In Brief (p 50)
• A New Approach to Drug Testing: Electrochemical Sensors and Raman Spectroscopy by Jo Ellen Nott (p 50)

October

• The Rise of Mass Supervision: From Rehabilitative Alternative to Shadow Carceral State by Casey Bastian (p 1)
• California Court of Appeal Announces Crime Defendant ‘Was Convicted’ of, Not Crime ‘Could Have Been Convicted’ of Today, Governs Eligibility for Removal From Sex Offender Registry by Douglas Ankney (p 18)
• Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant by David Reutter (p 19)
• Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge by Anthony Accurso (p 20)
• Fifth Circuit Announces Geofence Warrants Are Unconstitutional ‘Modern-Day General Warrants’ by Sam Rutherford (p 22)
• Federal Judges Closing Loophole That Permits Government to Conduct Warrantless Searches of Cellphones at Border by Douglas Ankney (p 27)
• Texas Court of Criminal Appeals: Trial Court Violated Defendant’s ‘Due Process’ Right to Be Present During Zoom Probation Revocation Hearing by Muting Him by Sam Rutherford (p 28)
• Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken by Douglas Ankney (p 30)
• Sixth Circuit Strikes Retroactive Application of Parts of Tennessee’s Sweeping Sex Offender Registration, Verification, and Tracking Law by Sam Rutherford (p 32)
• Cops Want to Use DNA for Facial Recognition by Michael Thompson (p 33)
• Systemic Failures in Background Check Reporting Is Ruining Lives and Costing Billions of Dollars by Anthony Accurso (p 34)
• Study Finds That Black Americans Want Both Police Presence and Reform: Looking Beyond the Headlines by Jo Ellen Nott (p 36)
• U.S. Sentencing Commission Publishes Data Report on Compassionate Release in FY 2023 by Matthew Clarke (p 37)
• New Research Method Leads to Better Touch DNA Recovery and Development of Genetic Profiles by Douglas Ankney (p 37)
• Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release by Dale Chappell (p 39)
• Third Circuit District Court Erred by Failing to Consider Mitigating Evidence Under § 3553(a) Because It Mistakenly Believed Such Grounds Already Taken Into Consideration Based on Safety-Valve, Minor Role, and Acceptance of Responsibility Departures in by Sam Rutherford (p 41)
• Fourth Circuit Vacates Order Denying § 2254 Motion, Remands for Evidentiary Hearing on Whether Counsel’s Failure to Object to Duplicative Drug Conspiracy Counts in Violation of Double Jeopardy Clause Was Strategic by Matthew Clarke (p 42)
• Rhode Island Supreme Court Holds Temporal Requirement of ‘Recent Fabrication’ Exception to Hearsay Rule Not Satisfied and Scribbled Note Made by Child Victim of Sexual Abuse Years After Alleged Events Not ‘Excited Utterance’ by Matthew Clarke (p 44)
• Louisiana Becomes First State in Nation to Allow Judges to Order Surgical Castration for Sex Offenders by Jo Ellen Nott (p 45)
• Virginia Supreme Court Announces Parties Are Free to Renegotiate Plea Agreement Not Already Accepted by Trial Court, Which May Not Enforce Original Plea Against Parties’ Wishes by Sam Rutherford (p 46)
• Ninth Circuit Clarifies ‘Implicit Breach’ Case Law Regarding When Government Breaches Plea Agreement by Responding to Defendant’s Request for Downward Variant Sentence by Sam Rutherford (p 48)
• News in Brief (p 50)

September

• DNA Databases, Privacy Concerns, and Noble Cause Bias by Michael Thompson (p 1)
• Third Circuit Announces Rehaif Applies Retroactively to Cases on Collateral Review and Rules Second-in-Time § 2255 Petition Not Successive Where Defendant Resentenced Prior to Second Petition by Sam Rutherford (p 12)
• Ninth Circuit Announces Issues Not Raised in Prior Appeal Are Not Waived on Subsequent Appeal Following De Novo Resentencing by Douglas Ankney (p 14)
• AI-Generated Police Reports Must Have Guardrails for Inaccuracy, Bias, Transparency, and Review by Jo Ellen Nott (p 15)
• Law Review Article Reports Metadata on Victims of Coercive Plea Bargaining by Matthew Clarke (p 16)
• First Circuit Announces Doctrine of Abatement Ab Initio Applies When Defendant Dies During Pendency of Direct Appeal in Published Precedential Ruling by Douglas Ankney (p 20)
• Maryland Governor Pardons Thousands of Low-Level Marijuana Convictions, Seeking to Right Historical Wrongs by Jo Ellen Nott (p 21)
• Investigation Reveals That Almost 90% of Discipline Records Temporarily Disappeared From Officer Tracking System Used by the NYPD by Jo Ellen Nott (p 22)
• Push Notifications: Yet Another Secret Surveillance Technique by Michael Thompson (p 23)
• The Steady Slide Towards Tyranny: How Freedom Dies from A to Z by John W. Whitehead, Nisha Whitehead (p 24)
• Years of Warnings Ignored as DNA Analyst at Colorado Crime Lab Allegedly Cut Corners, Her Misconduct Casts Doubt on Thousands of Cases by Jo Ellen Nott (p 27)
• Indiana Supreme Court Announces Proper Procedural Framework for Civil Forfeiture and Who Constitutes an ‘Owner’ by Sam Rutherford (p 28)
• Eighth Circuit Holds Right to Self-Representation Is Not Forfeited Based Solely on Defendant’s Repeated Assertion of Frivolous ‘Sovereign Citizen’ Arguments by Sam Rutherford (p 30)
• Maryland Eliminates Parole Fees by Douglas Ankney (p 31)
• California Court of Appeal Holds Defendant Suffering From ALS and Near Death Entitled to Compassionate Release by Sam Rutherford (p 32)
• Forensic Microbiology and Criminal Investigations by Douglas Ankney (p 33)
• The FBI Really Doesn’t Want the Public to Know About This Surveillance Device by Michael Thompson (p 34)
• Thousands of Americans’ Mail Monitored by Law Enforcement, Records Reveal by Jo Ellen Nott (p 35)
• Tenth Circuit: Mere Presence in Vehicle Used to Transport Large Quantity of Drugs Insufficient to Establish Necessary Intent for Conspiracy Conviction by Anthony Accurso (p 36)
• California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393 by Matthew Clarke (p 37)
• New Mexico Supreme Court Holds Double Jeopardy Applies When Prosecutor’s Misconduct Willfully Disregarded Resulting Mistrial by Matthew Clarke (p 38)
• Texas Court of Criminal Appeals Holds Admission of Defendant’s Rap Videos at Trial Was Unfair Propensity Evidence and Orders New Trial by Sam Rutherford (p 40)
• Washington Court of Appeals Clarifies ‘Nexus’ Standard Authorizing Warrantless Searches of Parolees and Probationers by Sam Rutherford (p 42)
• Woman Left Handcuffed in Parked Cop Car Struck by Train Settles Suit for $8.5 Million by Douglas Ankney (p 42)
• Colorado Law Enforcement Agencies Will Soon Send Drones Instead of Cops in Response to 911 Calls by Douglas Ankney (p 43)
• California Court of Appeal: In SB 483, Legislature Intended to Prohibit Prosecution Withdrawing Plea Agreement for Any Sentence Reduction in § 1172.75 Resentencing Hearing, Even Reductions Based on Code Provisions Not Enacted by SB 483—Deepening Split in by David Reutter (p 44)
• First Circuit Holds Government Breached Plea Agreement With Defendant by Failing to Explain Why It Agreed to Substantial Downward-Variant Sentence by Sam Rutherford (p 48)
• News in Brief (p 49)

August

• The Catch-22 of Qualified Immunity by Douglas Ankney (p 41)
• Hair Drug Testing: New Approach Differentiates Deliberate Ingestion or Introduction From Environmental Exposure by Jo Ellen Nott (p 44)
• Behavioral Health Experts Claim Head Movement While Speaking Indicator Whether Women Are Psychopathic by Douglas Ankney (p 45)
• California Court of Appeal: Defendant’s Conversation With Officers Not Consensual Based on Officers’ Positioning and Manner of Approaching Legally Parked Vehicle so Evidence Obtained Resulting From Conversation Must Be Suppressed by Douglas Ankney (p 46)
• Demonstrable Remorse, Psychiatric Diagnoses, and Alternatives to Incarceration by Casey Bastian (p 1)
• New Mexico Supreme Court Revises Rules Governing Pretrial Release by Douglas Ankney (p 7)
• SCOTUS Announces Existence of Probable Cause for One Charge in Criminal Proceeding Does Not Categorically Defeat Fourth Amendment Malicious-Prosecution Claim Relating to Another Baseless Charge by Sam Rutherford (p 8)
• Down with Big Brother: Warrantless Surveillance Makes a Mockery of the Constitution by John W. Whitehead, Nisha Whitehead (p 10)
• First Circuit: District Court’s One-Sentence Explanation for 10-Year Upward Departure From Sentencing Guidelines Range Insufficient to Justify Significant Variance by Sam Rutherford (p 12)
• After California Cops Kill Someone, They Probe Families for Information on Deceased Before Telling Them Their Loved One Is Dead by Douglas Ankney (p 13)
• SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’ by Sam Rutherford (p 14)
• SCOTUS: Jury, Not Judge, Must Determine Whether Defendant’s Prior Offenses Were Committed on ‘Occasions Different From One Another’ for Enhanced Sentence Under Armed Career Criminal Act by Sam Rutherford (p 16)
• FBI Encourages Use of Controversial Surveillance Program Despite Misuse by Jo Ellen Nott (p 19)
• Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief by Douglas Ankney (p 20)
• Texas Man Exonerated by DNA Evidence After 25 Years of Maintaining His Innocence by Jo Ellen Nott (p 20)
• Nevada Supreme Court Announces District Courts Have No Discretion to Deny Motion to Set Aside Judgment of Conviction Filed by Statutorily Qualified Defendants Under NRS 176A.240(6)(a) by Douglas Ankney (p 22)
• Don’t Stand Too Close to First Responders Under New Florida Law by Douglas Ankney (p 24)
• First Circuit: Sentencing May Not Be Based Upon Unreliable Hearsay Testimony by Anthony Accurso (p 25)
• California Supreme Court: Presence in High Crime Area and Desire to Avoid Contact With Police Does Not Amount to Reasonable Suspicion Justifying Detention for Suspected Criminal Activity by Sam Rutherford (p 26)
• College and Post-Carceral Job Searches by Michael Thompson (p 27)
• Kansas Supreme Court Severs ‘Noisy Conduct’ Law as Unconstitutionally Overbroad by David Reutter (p 28)
• Big Money and Massive Surveillance: The Finance Industry’s Partnership With Federal Law Enforcement by Douglas Ankney (p 30)
• Researchers Discover Wire-Cutting Evidence Is Too Unreliable for Court by Douglas Ankney (p 32)
• For Signal, Privacy Is Not Merely a Buzzword by Michael Thompson (p 33)
• Dozens of Prisoners in Colorado Notified About Potential Compromised DNA Evidence (p 33)
• Minnesota Sex Offender Program: The Indefinite Detention of the Reviled by Casey Bastian (p 34)
• Louisiana Supreme Court Finds Prosecution Withheld Favorable Impeachment and Exculpatory Evidence in Violation of Brady by Matthew Clarke (p 36)
• Dogs Are Sniffing Out Electronics by Michael Thompson (p 37)
• False or Misleading Forensic Evidence Plays an Oversized Role in Wrongful Convictions by Jo Ellen Nott (p 39)
• Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary by David Reutter (p 40)
• The Prosecutor and the Snitch Ring by Liliana Segura, Jordan Smith (p 41)
• News in Brief (p 50)
• Bluetooth Surveillance Tool Added to List of Known Cache of DHS’ Surveillance Technology by Douglas Ankney (p None)

July

• Cold Case Killer Kelly Siegler Is a True-Crime Celebrity. Did She Frame an Innocent Man for Murder? by Liliana Segura, Jordan Smith (p 1)
• Breakthrough in Burn Victim Identification: Ancient DNA Tech Offers New Hope by Jo Ellen Nott (p 18)
• Tenth Circuit Announces Assault Conviction Under 18 U.S.C. § 113(a)(6) Not a Qualifying Predicate ‘Crime of Violence’ for Purposes of USSG § 2K2.1(a)(3) by Douglas Ankney (p 19)
• New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock by Matthew Clarke (p 20)
• Ohio Supreme Court Announces Same Postconviction-Relief Filing Deadline Applies to ‘Delayed Appeal’ as Applies to Any Other Type of Direct Appeal by Douglas Ankney (p 21)
• Federal Habeas Corpus: Getting Around Procedural Default by Dale Chappell (p 22)
• $3.76 Million Awarded to Denver Grandmother for SWAT Raid of Home Based on Inaccurate iPhone Ping by Jo Ellen Nott (p 25)
• New NIJ-Funded Website Assists Forensic Practitioners Estimate Age of Unidentified Skeletal Remains of Infants and Teens Based on Dental Data by Douglas Ankney (p 25)
• Minnesota Supreme Court Announces Good-Faith Exception to Exclusionary Rule Under State Constitution Does Not Apply to Search and Arrest Based on Quashed Warrant That Appears Active Due to Clerical Error by Court Administration by Douglas Ankney (p 26)
• California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition by Douglas Ankney (p 28)
• Tennessee Supreme Court Announces Prospective Abrogation of Common Law Accomplice-Corroboration Rule by Douglas Ankney (p 30)
• Surveillance Tech Companies Compose Self-Promoting Press Releases for Cops That Media Lazily Regurgitates by Matthew Clarke (p 31)
• South Carolina Supreme Court: Confession Involuntary Where Police Provide Miranda Warnings Then Tell Defendant Statements Are Confidential by Sam Rutherford (p 32)
• Ninth Circuit Announces That Asking About Parole Status During Traffic Stop Does Not Violate Fourth Amendment by Sam Rutherford (p 34)
• UN Human Rights Committee Report: ICE Electronic Data Surveillance Practices Violate Human Rights Law by Matthew Clarke (p 35)
• Fourth Circuit Announces ‘Sentencing Package Doctrine’ Permits District Court to Resentence Both Covered and Noncovered Offenses Under First Step Act by Sam Rutherford (p 36)
• ‘Asian Nazis’ Be Damned: Cops Coveting AI for 2024 by Michael Thompson (p 37)
• Federal Government Proposes Reclassifying Marijuana as Less Dangerous Schedule III Drug in Historic Policy Shift by Jo Ellen Nott (p 38)
• Prosecutors Receive Absurdly Lenient Sentence of Probation for Brady Violation That Resulted in an Innocent Man Spending More Than Four Years in Prison by Douglas Ankney (p 38)
• The 153 Exonerations in 2023 Include 19 Resulting From Threats or Sentences of Death by Casey Bastian (p 39)
• SCOTUS Announces Federal Sentence Under ACCA Based on Federal Classification of Drug at Time of State Court Proceeding by Sam Rutherford (p 40)
• Rethink Googling That Video of Big Bird Teaching Your Child the Letter ‘B’—You Might Be Caught in a Federal Dragnet by Douglas Ankney (p 42)
• California Court of Appeal Explains Qualification for Mental Health Diversion Under Pen. Code § 1001.36, Rules Defendant Qualified for Pretrial Mental Health Diversion by David Reutter (p 42)
• DOJ Is Charging Founders of Samourai Wallet for Allegedly Laundering Bitcoin by Michael Thompson (p 43)
• What’s in a Name: ShotSpotter Becomes SoundThinking, But Problems Remain by Michael Thompson (p 44)
• Foundations of Firearms Audio Forensics Built by Dr. Robert Maher Will Continue to Be Important Forensic Tool as More Recording Devices Are Present at Crime Scenes by Jo Ellen Nott (p 44)
• Colorado Supreme Court Announces First Degree Criminal Trespass of Dwelling Is Lesser-Included Offense of Second Degree Burglary, Explicitly Overruling Garcia, and Merger Is Remedy for Double Jeopardy Sentencing Error by Sam Rutherford (p 45)
• Eleventh Circuit Reverses District Court’s Grant of Habeas Relief, Notes It’s ‘Murky on When Putting Two Suspects in a Room Together Qualifies as Interrogation Under Miranda’ by Douglas Ankney (p 46)
• Minnesota Becomes Third State to Restrict ‘Excited Delirium’ by Jordan Arizmendi (p 47)
• Sixth Circuit Grants Habeas Relief on Ineffective Assistance of Counsel and Batson Claims by Sam Rutherford (p 48)
• News in Brief (p 50)

June

• Forensic Genetic Genealogy: Law Enforcement’s Rapid Adoption Outpacing Adoption of Laws and Ethical Guidelines Regulating Its Use by Matthew Clarke (p 1)
• HRDC Files Civil Rights Action on Behalf of Wrongly Convicted Florida Man Who Spent 45 Years in Prison by Sam Rutherford (p 12)
• California Supreme Court: Defendant Has Due Process Right to Notice of Prosecution’s Election to Seek Enhanced Sentence in Order to Make Key Decisions About Defense by Douglas Ankney (p 14)
• University of New Hampshire Designs a Simpler, Cost-Effective Test to Identify Touch DNA by Jo Ellen Nott (p 15)
• Kansas Supreme Court Announces Clarification of Framework for Deciding Whether Confession Is Voluntary and Overrules Precedents That Held Reliability of Confession Is Factor to Be Considered by Douglas Ankney (p 16)
• Reform-Minded Prosecutors Face Backlash for Prosecuting Bad Cops by Sam Rutherford (p 18)
• Decedent’s End-of-Life Condition and Toxicology May Alter Time-of-Death Estimation by Douglas Ankney (p 19)
• Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1) by Douglas Ankney (p 20)
• Junk Science Convicted an Innocent Sailor, DNA Exonerated Him Decades Later with the Help of the Innocence Project by Jo Ellen Nott (p 21)
• Third Circuit Denies Prosecutor’s Claim of Absolute Immunity Where Wrongfully Convicted Man’s Complaint Alleged Facts Sufficient to Support Finding That Prosecutor’s Actions Served ‘Investigatory Function’ by Douglas Ankney (p 22)
• New York Court of Appeals: Dismissal Required Where Prosecution Failed to Explain Repeated Requests for Post-Readiness Adjournment by Sam Rutherford (p 23)
• Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation by Douglas Ankney (p 24)
• Colorado Supreme Court Announces Parole Board Not Statutorily Required to Consider ‘Demonstrated Maturity and Rehabilitation’ When Deciding Whether to Release Sex Offenders Who Received Adult Sentences for Crimes Committed as Juveniles by Sam Rutherford (p 26)
• Massachusetts Supreme Judicial Court Affirms Trial Court’s Exclusion of Expert Testimony on iPhone’s Frequent Location History Data as Not Sufficiently Reliable Under Daubert-Lanigan Standard by Douglas Ankney (p 28)
• DOJ Creates Database to Track Federal Law Enforcement Officers Accused of Misconduct by Sam Rutherford (p 29)
• Idaho Supreme Court Admitting Video of Child-Witness Interviews at Trial Violates Confrontation Clause by Sam Rutherford (p 30)
• Misuse of Facial Recognition Technology Threatens Everyone by Michael Thompson (p 30)
• Bluetooth Surveillance Tool Added to List of Known Cache of DHS’ Surveillance Technology by Douglas Ankney (p 31)
• California Court of Appeal: Statistical Evidence Showing Racial Disparity Combined With Evidence Showing Non-Minority Defendants Charged With Lesser Crimes Establishes Prima Facie Case Under California Racial Justice Act by Douglas Ankney (p 32)
• AC Units and DNA by Douglas Ankney (p 33)
• Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees by Douglas Ankney (p 34)
• Changes to Appeals of Pretrial Detention Decisions Prompts Illinois Supreme Court to Adopt Changes to Appellate Rules by Douglas Ankney (p 35)
• First Circuit: Defendant Did Not Understand Consequences of Guilty Plea Because District Court and Counsel Led Him to Reasonably Believed Plea Agreement Would Result in Sentence Below Applicable Mandatory Minimum by David Reutter (p 36)
• U.S. Sentencing Commission Votes Unanimously to Restrict Use of Acquitted Conduct at Sentencing by Sam Rutherford (p 37)
• Report Finds Inaccurate Field Drug Tests Major Cause of Wrongful Convictions by Matthew Clarke (p 38)
• New Research on Predictive Models for Pediatric Head Injuries by Jo Ellen Nott (p 38)
• Government Accountability Office Issues a Report on DOJ and DHS Use of Facial Recognition Technology by Michael Thompson (p 42)
• Oregon Supreme Court Rules Police Questioning of Probationer in Probation Officer’s Secure Office Absent Miranda Warning Constitute ‘Compelling Circumstances’ and Suppresses Statements by Anthony Accurso (p 44)
• Push Notifications Pull to the Forefront by Michael Thompson (p 46)
• Landmark Drug Possession Reform Based on Unproven Allegations Reversed in Oregon by Jo Ellen Nott (p 46)
• Second Chances: California Clears Criminal Records, Including Violent Crimes by Jo Ellen Nott (p 48)
• New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense by Richard Resch (p 49)
• News in Brief (p 50)

May

• Stinging Back: Resisting Government Surveillance of Cellphones by Anthony Accurso (p 1)
• Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them by Douglas Ankney (p 13)
• Cellular Roaming’s Inadequate Security by Michael Thompson (p 14)
• Tech Monopolies Prevent Effective Privacy Laws in the U.S. by Anthony Accurso (p 16)
• California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning by Jo Ellen Nott (p 17)
• Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes by Douglas Ankney (p 18)
• Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology by Matthew Clarke (p 19)
• Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months by Sam Rutherford (p 20)
• SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment by Richard Resch (p 22)
• FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech by Jo Ellen Nott (p 24)
• California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law by David Reutter (p 24)
• De-Identified Is Not Anonymous by Michael Thompson (p 25)
• The Police Have a Dark Money Slush Fund by Katya Schwenk (p 26)
• Police Body Cameras, A Decade Later by Anthony Accurso (p 28)
• Criminal Justice Reform Becoming a Corporate Priority by David Reutter (p 29)
• Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means by Douglas Ankney (p 30)
• More Facial Recognition Failures by Michael Thompson (p 31)
• California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction by Douglas Ankney (p 32)
• Use of Solitary Confinement on the Rise in ICE Facilities by Anthony Accurso (p 33)
• Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds by Douglas Ankney (p 33)
• New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat by Douglas Ankney (p 34)
• New Data From BOP Reveals Technical Violations Account for Nearly a Third of First Step Act Recidivism by Jo Ellen Nott (p 35)
• The Death of the Savings Clause by Dale Chappell (p 37)
• Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell (p 37)
• First Circuit: Defendant’s Statement ‘I guess I’ll wait until I have a lawyer’ Is Unequivocal Invocation of Right to Counsel by Sam Rutherford (p 38)
• Facial Recognition’s Distorted View by Michael Thompson (p 40)
• Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences by Douglas Ankney (p 42)
• New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase by Douglas Ankney (p 44)
• Robotic Police Dogs Being Adopted Across the Country by Michael Thompson (p 45)
• Ninth Circuit Announces Adoption of ‘Premises Rule’ for Co-Tenant Consent-to-Search Analysis, Holds Co-Tenant’s Consent Invalid Where Defendant Instructed Co-Tenant Not to Allow Police Entry in Their Presence by Sam Rutherford (p 46)
• Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen by Douglas Ankney (p 48)
• Googling Your Privacy by Michael Thompson (p 49)
• News in Brief (p 50)

April

• Disgraced NYC Council Candidate Gets Slap-on-the-Wrist Sentence by Jordan Arizmendi
• Massachusetts State Police Facing Possible Class Action Lawsuit for Illegal Recordings (p 49)
• Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment? by David Reutter (p 1)
• Cellebrite Asks Law Enforcement Clients to Keep Its Phone Hacking Tech Secret by Jo Ellen Nott (p 11)
• California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment by Anthony Accurso (p 12)
• Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character by Matthew Clarke (p 14)
• Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis by Douglas Ankney (p 16)
• Pharmacies Are Giving Your Prescription Data to Police Without a Warrant by Anthony Accurso (p 17)
• What Happens When Prosecutors Offer Opposing Versions of the Truth? by Ken Armstrong (p 21)
• New York Court of Appeals Declines to Adopt Per Se Rule That Handcuffed Person Is Always ‘In Custody’ for Miranda Purposes, but Holds the Handcuffed Defendant Was ‘In Custody’ and Suppress Incriminating Statements by Douglas Ankney (p 24)
• Research Shows It Makes Sense to Hire Individuals with Criminal Records by Jo Ellen Nott (p 25)
• Fifth Circuit: Admission of DHS Investigation Form G-166F at Trial Where Preparer of Form Did Not Testify Violates Confrontation Clause and Rule Against Hearsay by Douglas Ankney (p 26)
• AI Disrupts Established Forensic Fingerprint Analysis—Not Every Fingerprint Is Unique by Jo Ellen Nott (p 27)
• Does the Fourth Amendment Protect Cellphones at the Border? by Douglas Ankney (p 28)
• New York Governor Signs Law Sealing Millions of Criminal Records From Public View by Douglas Ankney (p 30)
• Massachusetts Supreme Judicial Court Announces Constructive Denial of Right to Counsel Where Defense Counsel Sleeps for Significant Portion or During Important Aspect of Trial by David Reutter (p 31)
• California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data by Anthony Accurso (p 33)
• Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination by Anthony Accurso (p 34)
• Tracking Your Cellphone Might Be Easier Than You Think by Michael Thompson (p 35)
• Vermont Supreme Court Announces Prejudice Determination for IAC Claim Based on Rejected Plea Offer Limited to Evidence Available at Time Plea Considered—Not Any Subsequent Evidence by David Reutter (p 36)
• Time Served Under the First Step Act: Reduction, Not Revolution by Jo Ellen Nott (p 37)
• One Year of New Orleans Police Department Facial Recognition Data by Michael Thompson (p 39)
• Police Bodycams: If You Film It … by Michael Thompson (p 40)
• The FBI’s Rapidly Expanding DNA Database by Anthony Accurso (p 41)
• Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners by Dale Chappell (p 42)
• ‘Trail ’Em, Nail ’Em, and Jail ’Em’: Issues Private Probation and Parole by Jo Ellen Nott (p 44)
• New York Court of Appeals: Admission of Prior Bad Acts Evidence to Prove Propensity to Commit Crime Harmful Error by David Reutter (p 45)
• FBI’s Bias for Keywords by Carlo Difundo (p 46)
• Potential Dangers of Medical Monitors by Michael Thompson (p 46)
• Crime Scene Context: Bridging the Gap Between Evidence and Reconstruction by Jo Ellen Nott (p 47)
• Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights by Anthony Accurso (p 48)
• News in Brief (p 50)
• ‘Blatant Miscarriage of Justice’: Oklahoma Man Exonerated of Wrongful Conviction After 35 Years Despite Former Prosecutor’s Attempt to Perpetuate Injustice by Douglas Ankney (p 50)

March

• Understanding Fusion Centers by Michael Thompson (p 1)
• Unconscious Bias: Facial Features Can Influence Life-or-Death Decisions in Verdicts by Jo Ellen Nott (p 11)
• LexisNexis Aids Customs and Border Patrol to Flaunt Fourth Amendment by Anthony Accurso (p 11)
• Lung Float Test: Junk Science Used to Convict Women of Murder by David Reutter (p 12)
• Watchlisted: You’re Probably Already on a Government Extremism List by John W. Whitehead, Nisha Whitehead (p 14)
• Studying Ant Bites on Cadavers May Advance Criminal Investigations by Douglas Ankney (p 16)
• Illinois Supreme Court Announces § 9-1.2(d) Sets Range of Sentences for Intentional Homicide of Unborn Child but Does Not Convert Offense Into Murder for Life-Sentence Enhancement by Douglas Ankney (p 17)
• Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel by Douglas Ankney (p 18)
• Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term by Matthew Clarke (p 19)
• Pennsylvania Supreme Court: Failure to Disclosure Mental Health Report Showing Key Witness Was a Sociopath Constitutes Brady Violation That Prejudiced Defendant by Anthony Accurso (p 20)
• Audit Finds LAPD’s Frivolous Use of Helicopters Flunks Cost/Benefit Analysis by Douglas Ankney (p 21)
• The Supreme Court’s Forensic Follies by Michael Thompson (p 22)
• Texas Court of Criminal Appeals Announces Correct Computation of Time for Purposes of Determining When Statute of Limitations Has Run for Returning Indictment by Douglas Ankney (p 23)
• Research Paper Reveals Laypeople Have Insufficient Understanding of False Confessions by Examining Prior Research Based on Surveys and Mock Juries by David Reutter (p 24)
• California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6 by David Reutter (p 28)
• Preliminary Analysis of Recidivism Data After Three Years Under First Step Act Is Promising but Inconclusive by Jo Ellen Nott (p 28)
• Interactive Lineups Are a Promising New Tool to Improve Accuracy of Suspect Identification by Eyewitnesses by Jo Ellen Nott (p 29)
• New York Court of Appeals Reverses Conviction Because Testifying Criminalist Not Shown to Have Requisite Involvement in DNA Testing Process and Provides Guidance to Avoid Future Sixth Amendment Confrontation Clause Violations by Anthony Accurso (p 30)
• Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made by Richard Resch (p 31)
• The Potential for Soil Dust Analysis in Forensics by Anthony Accurso (p 33)
• First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’ by Douglas Ankney (p 33)
• Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period by David Reutter (p 35)
• California Court of Appeal Reverses Denial of Full Resentencing Under SB 483 by Matthew Clarke (p 36)
• ‘How The Government Created a Terrorist’: FBI-Manufactured Crimes Reveal Urgent Need for Reforms by Douglas Ankney (p 37)
• Improvements to Decertification Procedure for Law Enforcement Officers Guilty of Excessive Force Urgently Needed by Douglas Ankney (p 38)
• Minnesota Supreme Court Holds Prosecutor’s Repeated Statements During Closing Arguments That Defendant ‘No Longer Has Presumption of Innocence’ Constitutes Plain Error, Requiring a New Trial by David Reutter (p 38)
• New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation by Richard Resch (p 40)
• Foundations of Firearms Audio Forensics Built by Dr. Robert Maher Will Continue to Be Important Forensic Tool as More Recording Devices Are Present at Crime Scenes by Jo Ellen Nott (p 43)
• Amazon Ring Curbs Police Access to Doorbell Camera Footage—But Privacy Concerns Remain by Jo Ellen Nott (p 43)
• Suspicion of Government Surveillance Increasing by Anthony Accurso (p 44)
• FBI Searches of NSA Data Extended Until April, Despite Admission of Unconstitutionality by Anthony Accurso (p 44)
• Cops’ Sky-High Hopes by Michael Thompson (p 45)
• DEA and Police Use Pretense of Consent Searches to Effectively Steal Cash From Airport Travelers by Anthony Accurso (p 46)
• A Legal Argument Against Government Purchase of Location Data by Anthony Accurso (p 48)
• North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle by Anthony Accurso (p 49)
• News in Brief (p 50)
• Cops Just Love Secret Metadata Collection by Michael Thompson (p 50)

February

• Geofence Warrants: The Mass Location Surveillance and Privacy Threat Created by Google May Be Eliminated by Its Creator by Anthony Accurso (p 1)
• Minnesota Supreme Court Announces Odor of Marijuana Alone Emanating From Vehicle Insufficient for Probable Cause to Search Under Automobile Exception by Anthony Accurso (p 13)
• Michigan Supreme Court: Defendant’s Statements Involuntary and Inadmissible by Douglas Ankney (p 14)
• Tales From the ‘Tails’ of Bloodstains by Douglas Ankney (p 15)
• New Jersey Supreme Court Excludes CSLI Testimony Based on Agent’s ‘Rule Of Thumb’ Method for Determining Defendant’s Location by Anthony Accurso (p 16)
• New Night-Vision Capable Drone Marketed to Police by Anthony Accurso (p 17)
• Missouri Supreme Court Orders Dismissal of Pending Charges Where Trial Court Failed to Bring Prisoner to Trial Within 180-Day Limitations Period Provided for in ‘Interstate Agreement on Detainers’ by Douglas Ankney (p 18)
• Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upon Arrest, and Car Parked Nearby by Anthony Accurso (p 20)
• NYPD Has Spent Millions of Dollars on Social Media Analysis Tools by Jo Ellen Nott (p 21)
• New York Court of Appeals: Forensic Findings Establishing Possible Alternative Cause of Injuries in Sex-Crime Prosecution Admissible Under ‘Interest of Justice’ Exception to Rape Shield Law by David Reutter (p 22)
• The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents by David Reutter (p 24)
• FBI Works to Expand Court Authority for Its Offensive Cyber Operations by Anthony Accurso (p 26)
• Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated by Anthony Accurso (p 26)
• Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed by Douglas Ankney (p 28)
• Study Raises Alarms About Inaccuracies and Bias in Gun Forensics Reporting by Jo Ellen Nott (p 29)
• Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing by Douglas Ankney (p 30)
• The Problem with Some Non-Carceral Punishments by Carlo Difundo (p 31)
• Researchers Find Fiber Evidence Lasts Longer Underwater Than Previously Thought by Jo Ellen Nott (p 33)
• Who Let the Dogs Out? Robotic Dogs Are the Newest (and Scariest) Surveillance Tech in U.S. Police Departments by Jo Ellen Nott (p 34)
• After Ohio Becomes 24th State to Legalize Recreational Marijuana, What Next? by Jordan Arizmendi (p 35)
• DHS Allows CBP and ICE Officers to Create Fake Social Media Profiles to Track Subjects of Interest and Conduct Investigations by Jo Ellen Nott (p 35)
• Fourth Circuit: Walking Past Unoccupied Home With Bulging Pocket and Attempting to Evade Neighborhood Tipster Insufficient for Reasonable Suspicion to Seize and Search by Anthony Accurso (p 36)
• Harris County, Texas, Settles Civil Rights Case for $1.5 Million Brought by Innocent Man Shot in His Home Five Times by Trigger-Happy Deputy by Jo Ellen Nott (p 37)
• DEA’s Domestic Surveillance Mission Creep: Beyond Drugs, Beyond Protests by Jo Ellen Nott (p 37)
• New Mexico Supreme Court Announces Marquez’s Holding That ‘Crime of Shooting at or From Motor Vehicle Cannot Be Predicate Felony Supporting Charge of Felony Murder’ Is New Substantive Rule and Applies Retroactively by Douglas Ankney (p 38)
• The Potential Privacy Threat of Generative AI by Michael Thompson (p 39)
• Pennsylvania Supreme Court: Testimonial References to Post-Arrest Silence Cannot Be Used Against Defendant at Trial, Pre-Arrest Harmless Error Analysis Does Not Apply by Anthony Accurso (p 40)
• Evidence Shows When Researchers Work Alongside Cops in the Field, De-escalation Training Is Implemented and Effective by Douglas Ankney (p 40)
• Data Mining: Law Enforcement Pays Cash for Your Private Data and Saves on the Hassle of Complying With the Fourth Amendment by Douglas Ankney (p 41)
• Sixth Circuit Announces Due Process Right to ‘Prompt’ Post-Seizure Hearing While Government Deciding Whether to Initiate Forfeiture Proceedings and Holds Wayne County’s Vehicle Forfeiture Program Violates Due Process by Matthew Clarke (p 43)
• Idaho Supreme Court Announces Adoption of ‘Primary Purpose’ Standard for Reviewing Police Decision to Impound Vehicles and Conduct Inventory Search to Prevent Pretextual Searches in Violation of Fourth Amendment by Anthony Accurso (p 44)
• Steady Improvement in Techniques for the Analysis of Degraded DNA by Douglas Ankney (p 45)
• Indiana Supreme Court Announces Civil Forfeiture Triggers Right to Jury Trial by Matthew Clarke (p 46)
• Study Finds Public Defenders’ Heavy Workloads Prevent Effective Representation, Amendments to 50-Year-Old Guidelines Recommended by Douglas Ankney (p 47)
• Kentucky Supreme Court: Trial Court Abused Discretion by ‘Rehabilitating’ Juror Who Indicated Could Not Be Impartial and Failing to Strike Juror by David Reutter (p 48)
• Identification Via DNA, Fingerprints, and 3D Scanning of Footwear by Douglas Ankney (p 49)
• Vendors Late to Recognize the Serious Threat of Cell-Site Simulators by Michael Thompson (p 49)
• Car Culture Dramatically Increases Number of Cop Confrontations by Matthew Clarke (p 50)
• News in Brief (p 50)

January

• Federal Sentencing Guidelines Undergo Substantial Amendments by David Reutter (p 1)
• California Court of Appeal: Probation Condition Prohibiting Possession of Pornography Impermissibly Vague by Douglas Ankney (p 12)
• FBI Access to FISA Database Includes Some Accountability by Anthony Accurso (p 13)
• DOJ Spending Over $6 Billion in Firms to Seize Innocent Citizens’ Property Via Civil Asset Forfeiture by Douglas Ankney (p 14)
• Indiana Supreme Court Suppresses All Evidence Related to Polygraph Exam for Examiner’s Failure to Disclose Unilater-ally Changing Exam Results From ‘Admissible’ to ‘Inadmissible’ Due to Defendant’s Mental State by Anthony Accurso (p 15)
• Survey: Why Defendants Cooperate with the Government in a Process Described as ‘Unfair’ by Defense Attorneys by Douglas Ankney (p 16)
• West Virginia University Forensic Scientists Provide a Benchmark for Analyzing Duct Tape Fracture Edges by Jo Ellen Nott (p 22)
• FBI Buys Software to Enslave Your Phone by Michael Thompson (p 22)
• The White House Goes Rogue: Secret Surveillance Program Breaks all the Rules by John W. Whitehead, Nisha Whitehead (p 24)
• House Judiciary Committee Investigates Major Banks for Unauthorized Sharing of Private Financial Information With the FBI by Jo Ellen Nott (p 25)
• Second Circuit: Money Concealment Guilty Plea Vacated for Lack of Evidence to Support Factual Finding of Required Mens Rea by David Reutter (p 26)
• Oregon Supreme Court Announces Overruling of Precedent on ‘Attempted Transfer’ of Drugs by David Reutter (p 27)
• Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment by Douglas Ankney (p 28)
• Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence by Douglas Ankney (p 30)
• First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand by Richard Resch (p 32)
• Human DNA Retrieved From Dogs Might Provide Evidence by Douglas Ankney (p 33)
• Sixth Circuit: Trial Judge’s Personal and Condemnatory Remarks Directed Toward Defendant Requires Recusal by Douglas Ankney (p 34)
• Police Requests to Google Replacing Old Fashioned Detective Work by Anthony Accurso (p 35)
• One Solution to Jurors Giving Too Much Weight to Improper Forensic Testimony: 4-Minute Training Video Based on DOJ Guidelines by Matthew Clarke (p 36)
• California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91 by Douglas Ankney (p 36)
• California Bans Bogus ‘Excited Delirium’ Diagnosis as Cause of Death by Douglas Ankney (p 37)
• New Mexico Supreme Court Clarifies When Reviewing Double Jeopardy Claims, Court to Apply Blockburger’s Strict-Elements Test or Modified Strict-Elements Test—Not Both by Douglas Ankney (p 38)
• FBI Lost Count of Its Snitches at Capitol on January 6, 2021 by Douglas Ankney (p 39)
• U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence by Douglas Ankney (p 40)
• Jesse Johnson: 194th Person Exonerated While on Death Row by Jordan Arizmendi (p 41)
• Kansas Supreme Court Announces State Must Prove Defendant Specifically Intended to Enter Dwelling in Which There Was a Person to Sustain Conviction for Attempted Aggravated Burglary, Overruling State v. Watson by Douglas Ankney (p 42)
• Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements by Anthony Accurso (p 44)
• NYPD’s Solution for Abusive Cops Who Cost Taxpayers Millions of Dollars in Civil Suits—Promote Them by Douglas Ankney (p 45)
• Eleventh Circuit Announces Supervised Release Term Not Tolled When Defendant Absconds, Deepening Circuit Split by Anthony Accurso (p 46)
• California Court of Appeal: Confrontation Clause Violated Where Defense Prohibited From Cross-Examining Prosecution Witness About Biased Motivation and Fabrication by Douglas Ankney (p 47)
• Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL by Douglas Ankney (p 48)
• Study Reveals That Aging Federal Judges May Experience Cognitive Impairment Affecting Their Opinions by Douglas Ankney (p 50)
• News in Brief (p 50)