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Archive: 2026

January

• Aphantasia: Why Truthful Witnesses Can Sound Like Liars by Richard Resch (p 1)
• California Supreme Court Announces Single Criminal Act Harming Multiple Victims Constitutes Only One Strike Under Three Strikes Law by David Kim (p 16)
• First Circuit Announces Modification of Juvenile’s Life-­Without-­Parole Sentence to Parole-­Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-­in-­Time Habeas Petition From Gatekeeping Requirements by Richard Resch (p 18)
• Massachusetts Supreme Judicial Court Announces Duration of GPS Monitoring Must Be Considered in Individualized Reasonableness Determination and Resulting Monitoring Period May Be Shorter Than Probationary Term by David Kim (p 20)
• Massachusetts Supreme Judicial Court Announces Adoption of Transferred Intent Self-­Defense by Matthew Clarke (p 20)
• Digital Parallel Construction: Detecting and Challenging Hidden AI by Richard Resch (p 22)
• California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition by David Kim (p 27)
• Tiny Plants, Big Consequences: Moss Evidence in Courtrooms by David Kim (p 29)
• Pennsylvania Supreme Court (Opinion Announcing the Judgment of the Court): No Reasonable Expectation of Privacy in Unprotected Google Searches by David Kim (p 32)
• Delaware Supreme Court Announces Trial Courts Must First Resolve Defense Counsel’s Motion to Withdraw Before Addressing Defendant’s Plea-­Withdrawal Request, Holding Failure to Do So Violates Sixth Amendment Right to Counsel by David Kim (p 36)
• Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take by Sagi Schwartzberg (p 38)
• Iowa Supreme Court Announces Framework for Admissibility of Expert Testimony on Eyewitness Identification, Holding Generalized Testimony on Psychological Factors Ordinarily Should Be Admitted by David Kim (p 40)
• Federal Funds Now Available for Police Drone Purchases by Jo Ellen Nott (p 44)
• Utah Supreme Court Announces Framework for Analyzing Combined Brady and Napue Violations, Affirms Postconviction Relief in Capital Murder Case by Douglas Ankney (p 46)
• Eighth Circuit Announces Presidential Commutation Does Not Moot Challenge to Underlying Sentence by Richard Resch (p 48)
• NEWS IN BRIEF (p 49)