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Archive: 2025

December

• Zombie Forensics: Discredited Science Stalking the Courtroom by Chuck Sharman (p 1)
• New Jersey Supreme Court Announces “Shaking Without Impact” Expert Testimony Inadmissible, Holding Shaken Baby Syndrome Diagnosis Lacks Required General Acceptance Within Biomechanical Engineering Community Under Frye by David Kim (p 16)
• First Circuit Clarifies Mitigating Role Analysis – Sentencing Courts Must Consider All Identifiable Participants in Drug Shipment, Not Just Crew Members, and Use § 3B1.2 Factors to Assess Relative Culpability, Not Guilt by Douglas Ankney (p 19)
• Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents by David Kim (p 21)
• Maryland Supreme Court Announces Public Defender Act Requires Effective Assistance of Counsel in Certiorari Petition Where Public Defender Appointed Panel Attorney for Direct Appeal and Certiorari Petition by Sagi Schwartzberg (p 24)
• Ninth Circuit Affirms Exclusion of Plea Agreement’s Factual Basis, Holding Unaccepted “Type A” Plea Agreement Unenforceable to Trigger Waiver of Rule 410 Protections by Anthony Accurso (p 27)
• When AI Invents the Pixels: Challenging AI-Enhanced Video Evidence in Criminal Cases by Richard Resch (p 29)
• Jury Returns Record $80 Million Verdict for Wrongful Conviction Based on DA Misconduct by Jo Ellen Nott (p 35)
• Ninth Circuit Announces Abandonment Doctrine Applies to Cellphones but Courts Must Analyze Intent to Abandon Device Separately From Intent to Abandon Data by David Kim (p 36)
• Seventh Circuit Announces One-Year Time Limit in Rule 35(b) Is Nonjurisdictional Claim-Processing Rule, Overruling Prior Precedent in Light of Supreme Court’s Hamer Decision by David Kim (p 38)
• California Supreme Court Announces Pre-2009 Provocative Act Murder Convictions Are Not Categorically Ineligible for Resentencing Under § 1172.6 by Sagi Schwartzberg (p 40)
• Mass Surveillance for Profit: Flock’s AI Reports “Suspicious” Movement to Police by Sagi Schwartzberg (p 42)
• Police AI and “Sycophancy”: New Evidence Tools May Tell Cops Exactly What They Want to Hear by Michael Thompson (p 42)
• SCOTUS Holds Sixth Amendment Requires Case-Specific Necessity Determination to Screen Child Witnesses, Rejecting Reliance on Mandatory State Statutes Based on Generalized Legislative Findings by Richard Resch (p 44)
• Pennsylvania Supreme Court Announces Presentence Confinement on Probation Detainer Must Be Credited to New Sentence Where Same Conduct Triggered Both Detainer and New Charges by Matthew Clarke (p 46)
• The Legal Fight for Homeowner Compensation After SWAT Raids by Jo Ellen Nott (p 47)
• Minnesota Supreme Court Announces Warrantless Buccal Swab Pursuant to Discovery Order Violates Fourth Amendment, Overrules Inevitable Discovery Precedent, and Clarifies Accomplice-Corroboration Statute Applies Only to Sworn Testimony by David Kim (p 48)
• NEWS IN BRIEF (p 50)

November

• The Trial Penalty: How America Abandoned the Right to Trial by Douglas Ankney (p 1)
• New Jersey Supreme Court: Parked Vehicle in Police Parking Lot Not Subject to Warrantless Search Under Automobile Exception Where None of the Exigencies Justifying Exception Under State Constitution Present by Sagi Schwartzberg (p 22)
• Generative Suspicion: What Defense Lawyers Must Know About AI-Generated Police Reports by Richard Resch (p 24)
• Texas Court of Criminal Appeals Announces Defendants on Appeal Bonds for Fine-Only Class C Misdemeanors Are “Restrained” for Purposes of Seeking Habeas Relief by Matthew Clarke (p 29)
• New Infrared Light Research on Blow Fly Larvae Reveals Clues to Time of by Jo Ellen Nott (p 31)
• First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It by Douglas Ankney (p 32)
• ICE Amasses Mass Surveillance Arsenal Targeting U.S. Citizens and Protesters by Jo Ellen Nott (p 35)
• Wyoming Supreme Court Announces Improper Comment on Defendant’s Right to Silence Is Per Se Prejudicial and Requires Reversal of Conviction, Overruling Precedent Requiring Prejudice Analysis in Such Cases by Douglas Ankney (p 36)
• Eighth Circuit Announces § 2255 One-­Year Limitations Period Begins to Run in Deferred-­Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount by Sagi Schwartzberg (p 38)
• Maine Supreme Judicial Court Announces Waiver of Privilege Against Compelled Self-­Incrimination Must Be “Clear and Unequivocal” Under Maine Constitution, Joining States That Provide Greater Protection Than Federal Standard by David Kim (p 40)
• Third Circuit Announces “Commencement of the Instant Offense” in Guidelines § 4A1.2(e) Unambiguously Refers Only to Specific Offense of Conviction, Not Relevant Conduct by David Kim (p 43)
• Kansas Supreme Court: Trial Court Erred by Admitting Evidence of Prior Crimes Without Proper Foundation Because State Failed to Prove Defendant Committed Those Crimes by Sagi Schwartzberg (p 46)
• NEWS IN BRIEF (p 49)

October

• The Malleable Mind in the Courtroom: Why Confident Eyewitnesses Often Provide the Least Reliable Evidence by David Reutter (p 1)
• Fourth Circuit: Government Breached Plea Agreement by Successfully Arguing for Sentencing Enhancement Based on “Total Relevant Conduct” Not Stipulated to in Plea Agreement by Douglas Ankney (p 15)
• Michigan Supreme Court Announces Smell of Marijuana Alone Is No Longer Sufficient to Establish Probable Cause to Search Vehicle by Sagi Schwartzberg (p 17)
• Protecting Your Digital Privacy by Anthony Accurso (p 19)
• How Tyranny Becomes Entrenched: 9/11 and the Police State’s Endless Power Grabs by John & Nisha Whitehead (p 22)
• Third Circuit: Where Prosecutor “Flooded” Jury Trial With Evidence of Defendant’s Prior Bad Acts, Counsel Was Constitutionally Ineffective in Not Seeking Contemporaneous Limiting Instructions and Not Objecting When Evidence Went Beyond Limited Purpose – by Douglas Ankney (p 25)
• California Supreme Court Announces Judgment Not Considered Final Under Estrada for Retroactive Application of Amended Gang Enhancement Statute When Conviction Affirmed on Appeal but Sentencing Issues Remain Pending Following Remand by Sagi Schwartzberg (p 28)
• Idaho Supreme Court Announces Warrantless Search of Civilly Committed Individual Violates Fourth Amendment by Anthony Accurso (p 30)
• Ninth Circuit Reaffirms Longstanding Precedent That District Court Cannot Sua Sponte Dismiss Untimely Habeas Corpus Petition Without Giving Petitioner Prior Notice and Opportunity to Respond by Douglas Ankney (p 32)
• California Court of Appeal Reverses Superior Court’s Denial of Motion to Vacate Conviction Where Defendant Established His Failure to Understand the Immigration Consequences of Plea by Douglas Ankney (p 34)
• Maine Supreme Judicial Court Vacates Conviction Based on Confrontation Clause Where Toxicologist Testified About Toxicology Tests Performed by Others, Which SCOTUS Rejected in Smith v. Arizona by Douglas Ankney (p 36)
• Massachusetts Supreme Judicial Court Announces Police Cannot Execute Anticipatory Warrant Absent Triggering Event Regardless of Whether Factual Allegations in Warrant Affidavit Independently Give Rise to Probable Cause to Search, Thereby Providing Greater by Douglas Ankney (p 38)
• Michigan Supreme Court Announces Guidance on Standards for Search Warrants of Cellphones to Satisfy Particularity Requirement of Fourth Amendment That “Reasonably Direct” Search to Uncovering Evidence of Criminal Activity Identified in Warrant by Anthony Accurso (p 40)
• DHS Has Been Quietly Collecting DNA From U.S. Citizens for Years, Funneling It Into FBI’s CODIS Without Oversight by Jo Ellen Nott (p 43)
• Ninth Circuit Holds Untruthful Responses to Questions Government Is Not Permitted to Ask on Visa Application Is Still Fraud if Responses Could Have Influenced Decision to Grant Request for Visa by Douglas Ankney (p 44)
• NYC Murder Convictions Vacated After Withheld Evidence Reveals “Factually Impossible” Coerced Confession by Jo Ellen Nott (p 46)
• Sixth Circuit: Erlinger Error Requires Resentencing Where Government Cannot Prove Beyond Reasonable Doubt That Jury Would Find Prior Offenses Committed on Different “Occasions” by Anthony Accurso (p 48)
• Drones and License Plate Readers: Police Creating Warrantless Aerial Surveillance Networks by Jo Ellen Nott (p 49)
• NEWS IN BRIEF (p 50)

September

• How to Build a Human; A Forensics Company Tells Cops It Can Use DNA to Predict a Suspect’s Face. Scientists Worry the Tool Will Deepen Racial Bias. by Jordan Smith (p 1)
• Indiana Supreme Court Announces Whether Defendant’s Actions Were “Objectively Reasonable” Justifying Self-Defense Can Be Considered in Hindsight by Sagi Schwartzberg (p 42)
• NEWS IN BRIEF (p 50)

August

• Special Digital Currencies Issue: 
Bitcoin and CBDCs What Is Bitcoin? The Answer to Government Surveillance 
and Control Through Money An Essential Introduction, Glossary of Multidisciplinary 
Terminology, and Colorful History by Richard Resch (p 1)
• From the Editor by Richard Resch (p 36)
• Central Bank Digital Currencies: Trojan Horses Delivering 
Mass Surveillance Under the Guise of Monetary Innovation by David Kim (p 39)
• Probabilistic Genotyping on Trial: Can We Trust 
the Secret Algorithms Deciding Guilt? by Michael Thompson (p 1)
• SCOTUS Announces Sentence ‘Has Not Been Imposed’ 
for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment 
but Sentence Subsequently Vacated by Richard Resch (p 16)
• Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA by Douglas Ankney (p 18)
• U.S. Sentencing Commission Adopts 2025 Amendments 
to Resolve Circuit Conflicts by David Kim (p 19)
• The Flawed Science of Cannabis Impairment Detection: 
The Need for Evidence-Based Reform by David Kim (p 21)
• Summary of the 2025 Drug Offenses Amendment 
by the U.S. Sentencing Commission by David Kim (p 24)
• Tenth Circuit Announces Motor Vehicles Are Not Per Se Instrumentalities of Interstate Commerce Under Commerce Clause for Purposes of the Federal Kidnapping Statute by David Kim (p 26)
• Nebraska Supreme Court Clarifies Procedure for Crediting 
Jail Time to Multiple Contemporaneously-Imposed Sentences by Matthew Clarke (p 28)
• SCOTUS Announces Courts May Not Consider 
§ 3553(a)(2)(A)—Retribution—When Deciding Whether 
to Revoke a Term of Supervised Release by Richard Resch (p 28)
• First Circuit: Prosecutor’s Breach of Plea Agreement 
Requires Government’s Specific Performance of Agreement, 
Not Specific Performance by District Court by David Reutter (p 32)
• The Quiet Transformation of Government Data 
into a Mass Surveillance Tool by David Kim (p 33)
• California Court of Appeal: Trial Court Misconstrued Elements 
of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing by Sagi Schwartzberg (p 34)
• Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant by Anthony Accurso (p 36)
• Illinois Supreme Court Announces Conviction 
for Attempted First Degree Murder Requires 
‘Intent to Kill Without Lawful Justification by Jeffrey Cohen (p 38)
• AI Honeypots: Police Are Using Chatbots to Pose 
as Teens and Sex Workers to Entrap Suspects by Michael Thompson (p 40)
• The Arrival of REAL ID: National ID Cards 
and Internal Passports in America by David Kim (p 40)
• Eleventh Circuit Announces Sixth Amendment Right to Proceed Pro Se at Sentencing if Defendant ‘Clearly and Unequivocally’ Expresses Desire to Do So After Faretta Inquiry by Jeffrey Cohen (p 42)
• Beyond the City Limits: How Rural Sheriff’s Departments 
Are Driving the Spike in Police Killings by David Kim (p 44)
• DEA’s Secret Phone Surveillance Program ‘Hemisphere’ 
Sparked Internal Warnings—Then a Cover-Up by Charles "Keith" Wampler (p 47)
• Fourth Circuit Announces Sentencing Disparity 
Between Defendant and Co-Defendants Alone Constitutes ‘Extraordinary and Compelling’ Reason Sufficient 
to Justify Compassionate Release by David Kim (p 48)
• News in Brief (p 49)

July

• Understanding Your Constitutional Rights in the 
‘100-Mile Border Zone’: A Primer for Non-Citizens in the United States When Confronted by Law Enforcement by Richard Resch (p 1)
• Third Circuit: No ‘Constructive Possession’ of Firearm Discovered in Trunk of Vehicle Six Months After Defendant’s Arrest, 
During Which Time He Was Incarcerated and Vehicle Impounded in Tow Lot Whose Sole Security Feature Was a Locked Gate by Sagi Schwartzberg (p 15)
• SCOTUS Announces ‘Economic Loss’ Not Required 
to Violate Federal Wire Fraud Statute by David Kim (p 17)
• The Algocracy Agenda: How AI and the Deep State 
Are Digitizing Tyranny by John & Nisha Whitehead (p 19)
• Driverless Vehicles Are the Newest Mass Surveillance Tool 
of Law Enforcement by James Mills (p 21)
• Not-­So-­Friendly Neighborhood Spidernet: Emerging Mass Surveillance Tool to Weave a Web Around Your Digital Life by Michael Thompson (p 22)
• Shelby County DA Oversees Retesting After Forensic Analyst’s Dismissal for ‘Unethical Conduct’ by Sam Rutherford (p 23)
• Sixth Circuit Announces Invoking Fifth Amendment While Testifying at Trial Does Not Contradict Prior Proffer Statement Nor Does Questioning the Sufficiency of the Prosecution’s Evidence by David Kim (p 24)
• Biomedical Engineers Discover Pruny Fingers Yield 
the Same Fingerprint Patterns as Dry Ones by Jo Ellen Nott (p 27)
• Fourth Circuit: A Finding of Offering Money to Minor 
for Videos Depicting Specific Conduct Without Establishing 
Order of Events Insufficient to Establish Offer ‘Caused’ 
Minor to Produce Explicit Material Within Meaning 
of Guidelines § 2G2.2(c)(1) Cros by Sagi Schwartzberg (p 28)
• From Witness Descriptions to Digital Mugshots: 
AI’s Growing Role in Policing by James Mills (p 29)
• Punishment TV by Vidal Guzman (p 30)
• Class Incarceration Has Become a Prominent Factor 
in Mass Incarceration by Charles "Keith" Wampler (p 33)
• California Court of Appeal Issues Writ of Mandate 
Directing Superior Court to Hold Evidentiary Hearing 
Under State’s Racial Justice Act, Ruling Defendant 
Provided Sufficient Evidence to Establish Prima Facie 
Claim of Implicit Bias by San Diego Police by Sagi Schwartzberg (p 34)
• Fourth Circuit Announces Counterman v. Colorado 
Is New Rule of Constitutional Law That Applies 
Retroactively to Cases on Collateral Review and 
Grants Authorization to File Successive § 2255 Motion by Douglas Ankney (p 36)
• Colorado Supreme Court Announces Police Facilitating 
Drug-­Detection Dog’s Entry Into Vehicle by Opening Door 
During Traffic Stop Without Probable Cause Is Unconstitutional Search in Violation of Fourth Amendment by Anthony Accurso (p 38)
• Illinois Supreme Court Announces Entering ‘Blind’ Guilty Plea Does Not Waive Defendant’s Right to Challenge Sentence by Anthony Accurso (p 40)
• New Orleans Police Continue Using Facial Recognition 
Despite City Restrictions by James Mills (p 41)
• Arizona’s Secret Mass Surveillance System: An Obscure Financial Database Amasses Millions of Financial Records in the Shadows by Michael Thompson (p 42)
• Green Light for Justice: Dutch Researchers Find 
Perovskite Method Improves Gunshot Residue Analysis 
with Unprecedented Sensitivity by Jo Ellen Nott (p 43)
• How Police Departments Hire Bad Cops: 
The Shadow System Protecting ‘Wandering Officers’ by Clarence Walker, James Mills (p 44)
• News in Brief (p 50)

June

• Arguing Successful Federal Habeas Corpus Claims by Dale Chappell (p 21)

May

• Policing the Vulnerable: The Criminalization of Disability by Casey Bastian (p 1)
• Los Angeles Criminal Legal System Undermined 
by Months of Faulty DNA Testing by Jo Ellen Nott (p 13)
• Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence by David Reutter (p 14)
• Maryland Reforms Offer Second Chances on Expungement and Parole by Jo Ellen Nott (p 15)
• Minnesota Supreme Court Clarifies Standard for Determining Whether a Defendant Is Entitled to Jury Instructions 
on Self-defense and Defense of Others by Douglas Ankney (p 16)
• First Circuit Announces What Constitutes ‘Otherwise Using’ 
a Dangerous Weapon for Purposes of the Four-Level 
Enhancement Under Guidelines § 2B3.1(a) by Sagi Schwartzberg (p 19)
• Car Subscriptions: Another Means of Mass Surveillance by Law Enforcement by David Kim (p 20)
• The Crushing Toll of Ohio’s Death Penalty: A Billion-Dollar Failure by David Kim (p 22)
• Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment by Jeffrey Cohen (p 24)
• Illinois ‘Murderer’ Registry Punishes More Than It Protects by Jo Ellen Nott (p 27)
• Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity 
Due to Which State’s Statute Prior Conviction Based Upon by Anthony Accurso (p 28)
• Rhode Island Supreme Court Announces Indigent First-Time Applicant for Postconviction Relief Entitled to Counsel Even 
When Not Requested; Superior Court Must Determine 
Whether Applicant Intended to Waive Right to Counsel and 
Whether Done Knowingly, Vol by Phillip Wasserman, J.D. (p 30)
• SCOTUS Announces Knowingly or Intentionally Causing 
Bodily Injury or Death by ‘Omission’ Necessarily Involves 
‘Use’ of ‘Physical Force’ for Purposes of § 924(c) by David Kim (p 32)
• Blindfolded Juries, Coerced Convictions: 
Why Prosecutors Often Win Before Trials Even Begin by Clark Neily (p 34)
• Facial Recognition at the Border: CBP’s Push to Scan Every Car Passenger Sparks Privacy Concerns by David Kim (p 38)
• Bipartisan Legislative Wins in Virginia and Utah Expand 
Job Opportunities for Formerly Incarcerated Individuals by Jo Ellen Nott (p 39)
• South Carolina Supreme Court Announces Traditional 
Four-Element Standard for When Person Has Right 
to Use Deadly Force in Self-Defense Not Applicable 
to Non-Deadly Force Self-Defense Analysis by Richard Resch (p 40)
• Fingerprints as New Drug-Detection Method by James Mills (p 41)
• Mississippi Supreme Court Vacates Convictions, 
Holding Multiple Errors by State Resulted in ‘Legal Chaos’ 
That Deprived Defendant of Right to Fair Trial 
Under ‘Cumulative-Error Doctrine’ by Jeffrey Cohen (p 42)
• SCOTUS Announces Rejection of ‘Moment-of-Threat 
Doctrine’ Because It Improperly Narrows Required 
‘Totality of the Circumstances’ Analysis for Fourth 
Amendment Excessive-Force Claims by David Kim (p 42)
• ‘Sexome’ Bacteria Offers New Path to Justice 
in Sexual Assault Cases Where 
DNA Is Not Present by Jo Ellen Nott (p 45)
• Georgia Eliminates Legal Standard That Sent Intellectually Disabled Prisoners to Death Row by David Kim (p 46)
• SCOTUS Announces Only ‘False’ Statements Made to FDIC 
Are Criminalized Under 18 U.S.C. § 1014, Not Statements 
That Are ‘Misleading’ but True by Richard Resch (p 47)
• News in Brief (p 49)

April

• Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws by Douglas Ankney (p 1)
• Warrantless Device Inspections Surge at the U.S. Border by David Kim (p 15)
• Welcome to 2025: Where Your Freedoms Go to Die by Nisha Whitehead, John W. Whitehead (p 19)
• Connecticut Supreme Court Announces Teague’s ‘Watershed’ Rule Exception to Nonretroactivity of New Constitutional Rule of Criminal Procedure on Collateral Review Has ‘Continued Vitality’ in Connecticut, Adoption of Third Exception to Teague’s Nonretroacti by Douglas Ankney (p 21)
• ICE’s Expansive Surveillance Tool Monitors Hundreds of Websites and Apps by James Mills (p 22)
• Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant by Sagi Schwartzberg (p 24)
• A Black Box, a Guilty Plea, and an Uncertain Truth by Michael Thompson (p 25)
• Cops’ Lie-Detecting Delusion: They Can’t Spot Lies Based on Nonverbal Cues or ‘Abnormal’ Behavior—Yet Keep Lying to Themselves (and Ruining Lives) That They Can by David Kim (p 26)
• Third-Hand Meth Contamination in Cars Poses Hidden Danger to Buyers and Renters by Jo Ellen Nott (p 31)
• Federal Government Circumventing Fourth Amendment by Buying Data From Data Brokers by Anthony Accurso (p 31)
• Bodycam Footage for Sale: Ohio Joins the List of States Charging Money for Bodycam Footage, While Others Restrict It Entirely by James Mills (p 32)
• AI Identifies Sex From Skulls Faster and More Accurately Than Experts by James Mills (p 32)
• Crowdsourcing a Map to Track License Plate Surveillance by Anthony Accurso (p 33)
• Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals by David Reutter (p 34)
• Treasury Lowers Cash Reporting Threshold to $200 for Southwest Border Counties by James Mills (p 35)
• NYPD Responds to 911 Calls with Drones by James Mills (p 36)
• Connecticut Compensates Exonerated Prisoners, Reforms Policing by Jo Ellen Nott (p 36)
• Younger Generations Lead Decline in U.S. Support for Death Penalty by Michael Thompson (p 37)
• D.C. Police Continue Heavy Investment in Social Media Monitoring by Anthony Accurso (p 38)
• Questionable Retail Theft Panic Fuels More Mass Surveillance and Police Militarization by Jo Ellen Nott (p 39)
• Fourth Circuit: District Court Erred in Imposing ‘Managerial Role’ Enhancement Under Guidelines § 3B1.1(b) Without Making ‘Particularized Findings’ Regarding Scope of Criminal Activity and Number of Participants as Required by Guidelines §1B1.1 by Douglas Ankney (p 40)
• Nearly 150 Exonerations in 2024 Highlight Persistent Flaws in U.S. Criminal Justice System by David Kim (p 41)
• Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies by Sagi Schwartzberg (p 43)
• The FBI’s Encrypted Phone Sting by Michael Thompson (p 45)
• Ninth Circuit Announces Attorney Cannot Be Compelled to Provide ‘Privilege Log’ Protected Under Fisher if Doing So Would Undermine Client’s Fifth Amendment ‘Act-of-Production Privilege’ and Attorney-Client Privilege by Sagi Schwartzberg (p 46)
• Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises by David Reutter (p 48)
• News in Brief (p 49)

March

• A Guilty Voice: Is Voice Analysis Junk Science or Reliable Evidence? by Clarence Walker Jr. (p 1)
• SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process by Sam Rutherford (p 15)
• From the Editor Everything You Always Wanted to Know About Holdings and Dicta* by Richard Resch (p 17)
• How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review by Dale Chappell (p 20)
• ‘Jack the Ripper’ Meets DNA Analysis by James Mills (p 22)
• Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication by Douglas Ankney (p 23)
• Faster Justice: Rapid DNA Set to Expand Law Enforcement Reach by Jo Ellen Nott (p 24)
• FBI Pressured Forensic Science Group to Censor Critical Workshops, Emails Reveal by Michael Thompson (p 24)
• Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W by Anthony Accurso (p 26)
• California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed by Douglas Ankney (p 28)
• Study Confirms New York City’s ShotSpotter Deployment Was a Costly Misstep by Michael Thompson (p 29)
• Trump Appoints ‘Pardon Czar’ at Black History Month Event by James Mills (p 30)
• How Online Behavioral Ads Fuel Mass Surveillance by Michael Thompson (p 30)
• Shakedown in New Mexico: Decades-Long Police Corruption Scandal Rocks Albuquerque’s DWI Unit by Jo Ellen Nott (p 30)
• Filming ICE Agents at Work: Know Your Rights by Jo Ellen Nott (p 32)
• Can Comics Help Juries Understand Complex DNA Evidence? by Michael Thompson (p 32)
• Convicted Double Murderer Executed by Firing Squad in South Carolina by David Kim (p 32)
• California Police Misused State Databases Over 7,000 Times in 2023 by James Mills (p 34)
• Government Hacks Computers to Thwart Hackers by James Mills (p 35)
• Nebraska Supreme Court Announces ‘Working Days’ for Purposes of ‘Temporary Domicile’ SORA Reporting Requirement Means Weekdays, Excluding Legal Holidays, and Reverses Conviction for Failure to Register by Sagi Schwartzberg (p 36)
• California Court of Appeal Vacates Former NFL Star’s Rape Conviction Because Prosecutor’s Racial Statements During Closing Constituted ‘Racially Discriminatory Language’ in Violation of Racial Justice Act by Phillip Wasserman, J.D. (p 38)
• EFF Launches Rayhunter: A New Tool to Detect Covert Cellular Surveillance by David Kim (p 39)
• Pennsylvania Supreme Court Announces Commonwealth Must Prove Beyond a Reasonable Doubt Offender Knew of SORNA Registration Obligations for Failure to Register Conviction by Sagi Schwartzberg (p 40)
• Fifth Circuit Announces Definition of ‘Controlled Substance’ in Effect at Time of Current Sentencing Applies for Purposes of Career-Offender Enhancement, Not Definition at Time of Prior Sentencings by Jeffrey Cohen (p 42)
• Bite Marks and Broken Justice: A Louisiana Man’s Life and Death Struggle Against Junk Science by David Kim (p 43)
• Nevada Supreme Court: Theft Offenses and Possessing or Receiving Stolen Property Offenses Are Mutually Exclusive and Double Jeopardy Protections Bar Conviction for Both Offenses When Based on Same Conduct by Douglas Ankney (p 46)
• Virtual Injustice: How Remote Hearings Harm Incarcerated Defendants by Jo Ellen Nott (p 47)
• Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction by Douglas Ankney (p 48)
• NEWS IN BRIEF (p 49)

February

• Community Supervision: America’s Hidden Wellspring to Mass Incarceration by James Mills, Douglas Ankney (p 1)
• Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments by Sam Rutherford (p 13)
• D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination by Anthony Accurso (p 14)
• A Gift America Can’t Return: The Police State Is America’s New Crime Boss by John W. Whitehead, Nisha Whitehead (p 16)
• ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers by David Reutter (p 20)
• Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty by Sam Rutherford (p 22)
• Examining Pro-Prosecution Bias in the Judiciary: Unconscious Biases of a Prosecutorial Background by Casey Bastian (p 24)
• Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed by Anthony Accurso (p 28)
• California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements by Douglas Ankney (p 29)
• Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption by Sam Rutherford (p 31)
• Reining in Police Monitoring of Social Media by Michael Thompson (p 32)
• Study: DNA Transfer in Social Settings by Michael Thompson (p 35)
• California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions by Sam Rutherford (p 38)
• First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant by David Reutter (p 40)
• Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction by Sam Rutherford (p 41)
• First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased by Anthony Accurso (p 42)
• Police Departments Are Now Using AI to Write Reports by Anthony Accurso (p 44)
• California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051 by Sam Rutherford (p 46)
• Law Enforcement Obscures Use of Facial Recognition Technology by Sam Rutherford (p 47)
• Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural by David Reutter (p 48)
• News in Brief (p 49)
• Study Reveals Best DNA Recovery Spots on Drug Baggies by James Mills (p 49)
• California Court of Appeal Announces Youthful Defendants Sentenced to Terms ‘Functionally Equivalent’ to LWOP Entitled to Resentencing Under § 1170(d) by Sam Rutherford (p 7)
• Maryland Supreme Court Clarifies Process for Admitting Co-Conspirator’s Hearsay Statements During Police Interview Under ‘Declaration Against Penal Interest’ Exception, Trial Court Must ‘Parse’ Interview to Determine Admissibility of Each Statement by Sam Rutherford (p 10)
• Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA by Dale Chappell (p 13)
• Ninth Circuit Announces ‘Hate Crime’ Sentence Enhancement Under Guidelines § 3A1.1(a) Requires Finding Defendant Motivated by Hate or Animus by Sam Rutherford (p 20)
• Surveilling the Harms of Electronic Monitors by Michael Thompson (p 21)
• The Murky Waters of Parole by David Reutter (p 24)
• Careful What You Search For by Michael Thompson (p 25)
• Study Highlights Limitations in Forensic DNA Analysis Involving Lower Genetic Diversity Groups by Jo Ellen Nott (p 25)
• Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or Plea Hearing by Sam Rutherford (p 26)
• Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home by Sam Rutherford (p 28)
• New AI Tool Harnesses Microbiomes for Forensic and Medical Breakthroughs by Jo Ellen Nott (p 30)
• Ninth Circuit Announces California Assault With Deadly Weapon Conviction Not ‘Crime of Violence’ for Career Offender Enhancement Under Sentencing Guidelines by Sam Rutherford (p 30)
• California Court of Appeal Strikes Prison Prior Enhancement for Invalid Predicate Offense Under § 1172.75 Despite Concurrently Served Valid Predicate by Sam Rutherford (p 32)
• Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search by Anthony Accurso (p 34)
• First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners by Jo Ellen Nott (p 35)
• Eleventh Circuit: Asylee’s Florida Convictions for Marijuana Possession and Lewd and Lascivious Battery Do Not Warrant Removal Under INA by Sam Rutherford (p 36)
• Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims by Douglas Ankney (p 38)
• Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints by Anthony Accurso (p 39)
• Vermont Supreme Court Eliminates Year-and-a-Day Rule in Murder Prosecutions by Sam Rutherford (p 40)
• Chicago’s Police Body Cam Transparency by Michael Thompson (p 42)
• Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation by Sam Rutherford (p 43)
• Federal Facial Recognition Technology Fails Again by Michael Thompson (p 47)
• Colorado Bureau of Investigation Admits Over 1,000 Cases Affected by DNA Test Misconduct by James Mills (p 47)
• Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case by Sam Rutherford (p 48)
• News in Brief (p 49)

January

• SCOTUS Announces Confrontation Clause Prohibits Expert Witness From Testifying About Non-­Testifying Expert’s Statements Regarding Forensic Testing Performed by Non-­Testifying Expert in Support of Testifying Expert’s Opinion Testimony at Trial by Sam Rutherford (p 24)
• NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem by Douglas Ankney (p 21)
• Seeking Justice for Two: The DNA Scandal That Shook a Community (p 1)
• Oregon Supreme Court Announces 60-Day Limit on Pretrial Custody Applies to Retrials by Matthew Clarke (p 29)
• Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’ by Anthony Accurso (p 32)
• Understanding Timestamps in Digital Forensics by Michael Thompson (p 47)
• Protect Yourself Against Police Invasion of Your Cellphone by Douglas Ankney (p 48)