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Archive: 2025

May

• Policing the Vulnerable: The Criminalization of Disability by Casey Bastian (p 1)
• Maryland Reforms Offer Second Chances on Expungement and Parole by Jo Ellen Nott (p 15)
• 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)
• Facial Recognition at the Border: CBP’s Push to Scan Every Car Passenger Sparks Privacy Concerns by David Kim (p 38)
• Fingerprints as New Drug-Detection Method by James Mills (p 41)
• 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 John W. Whitehead, Nisha 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)
• AI Identifies Sex From Skulls Faster and More Accurately Than Experts by James Mills (p 32)
• 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)
• 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)
• Convicted Double Murderer Executed by Firing Squad in South Carolina by David Kim (p 32)
• Can Comics Help Juries Understand Complex DNA Evidence? by Michael Thompson (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 Douglas Ankney, James Mills (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 Nisha Whitehead, John W. 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)
• Study Reveals Best DNA Recovery Spots on Drug Baggies by James Mills (p 49)
• News in Brief (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)
• 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)
• New AI Tool Harnesses Microbiomes for Forensic and Medical Breakthroughs by Jo Ellen Nott (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)
• Colorado Bureau of Investigation Admits Over 1,000 Cases Affected by DNA Test Misconduct by James Mills (p 47)
• Federal Facial Recognition Technology Fails Again by Michael Thompson (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)