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Archive: 2026

May

• New Jersey Supreme Court Announces Historical CSLI Must Be Presented Through Expert Testimony, Rejecting Lay Mapping of Cell-Tower Locations Because Interpreting CSLI Requires Technical and Specialized Knowledge Beyond “Ken” of Average Juror by David Kim (p 21)
• First Circuit Vacates Drug Courier’s Sentence, Holding District Court Erred by Failing to Conduct Proper Comparative Culpability Analysis Under § 3B1.2 When It Excluded Other Participants in Drug Shipment From Universe of Comparators by David M. Reutter (p 24)
• Chronotype Mismatch as an Emerging Vulnerability Factor in Custodial Confessions by David Kim (p 26)
• Fourth Circuit Announces Defendant Has Standing to Appeal Based Solely on Rogers–Singletary Claim of a “Material Discrepancy Between” Written and Orally Articulated Judgment at Sentencing by Douglas Ankney (p 28)
• Oregon Supreme Court Announces Trial Courts Must Give Complete Oral Final Jury Instructions at Conclusion of Trial, Preliminary Instructions Cannot Substitute for the ORCP 59 B Charge by David Kim (p 30)
• Sixth Circuit Announces Federal Coercion and Enticement Statute Requires Knowledge of Victim’s Minor Status, Deepening Circuit Split by Douglas Ankney (p 32)
• Colorado Supreme Court Holds Prosecutor’s Interlocutory Appeal of Evidentiary Ruling Lacked Arguable Merit, Did Not Toll Speedy Trial Deadline, and Violated Defendant’s Right to Speedy Trial by David Kim (p 34)
• Texas Court of Criminal Appeals Holds Grand Jury No-Bill Terminated Sixth Amendment Right to Counsel, Clarifies Frye Exception by David Kim (p 36)
• Fourth Circuit Holds Officer’s Firearms Questioning at Outset of Traffic Stop Exceeded Permissible Scope Where Officer Abandoned Stop’s Purpose From Inception and Totality of Circumstances Did Not Support Officer-Safety Justification by David Kim (p 38)
• Uncounted COVID Deaths Reveal a Troubling Truth About Official Death Records by Jo Ellen Nott (p 39)
• California Supreme Court Announces § 189(e)(2) Requires Nonkiller to Aid the Actual Killer in the Lethal Act, Resolving Appellate Split by David Kim (p 40)
• The Recycled Police Officer: Research Reveals High Cost of Ignoring Prior Misconduct by Jo Ellen Nott (p 40)
• Colorado Limits the Use of Faulty Field Drug Tests by Jo Ellen Nott (p 42)
• Texas Court of Criminal Appeals Announces That Warrantless-Arrest Statutes Conditioning Authority on an Offense Within an Officer’s “Presence or View” Require Actual Contemporaneous Sensory Perception by David Kim (p 43)
• Louisiana Supreme Court Announces Strickland Governs Collateral Claims That Defense Counsel Prevented Defendant From Testifying by David Kim (p 45)
• Guilty Until Proven Innocent: The Due Process Risks of Automated Traffic Enforcement by Jo Ellen Nott (p 45)
• Delaware Supreme Court Announces Adoption of ABA Standard 3-6.5(b) Governing Prosecutors’ Opening Statements, Reverses Murder Convictions Based on Prosecutor’s References to Co-Defendant’s Guilty Plea by Douglas Ankney (p 46)
• Connecticut Supreme Court Announces Extension of Brady Obligations to Same-Office Impeachment Evidence by David Kim (p 48)
• NEWS IN BRIEF (p 49)

April

• Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period by David Reutter (p 20)
• No Blood, No Proof: Study Challenges Post-Cleanup DNA Evidence by Jo Ellen Nott (p 21)
• Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical Approach by Douglas Ankney (p 22)
• Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing by David Reutter (p 24)
• Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Findings Before Board Renders a Final Revocation Decision by Douglas Ankney (p 26)
• Six Years of the First Step Act: Federal Prison Data Reveal Treatment Gains, Persistent Disparities, and Unanswered Questions by Richard Resch (p 28)
• Massachusetts Supreme Judicial Court: Amending Indictment to Change Subsections of Aggravated Child Rape Statute Constitutes an Impermissible Substantive Amendment by David Kim (p 31)
• Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b) by David Reutter (p 32)
• New York Court of Appeals Holds Generic Physical Description Insufficient to Justify Pursuit in Mistaken Identity Case, and Suspect’s Flight Cannot Support Reasonable Suspicion Absent Evidence He Knew He Was Fleeing Law Enforcement by Douglas Ankney (p 35)
• Oregon Supreme Court Announces Article I, Section 9, of State Constitution Protects Privacy in Internet Browsing Conducted Over Public Wi-Fi Networks by David Kim (p 36)
• California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable by David Reutter (p 38)
• New Study Exposes Reliability Gap in Traditional Time-of-Death Methods by Jo Ellen Nott (p 39)
• Pennsylvania Supreme Court Announces Mandatory Life Without Parole for Felony Murder Unconstitutional Under State Constitution, Holding Article I, Section 13 Provides Broader Protections Than Eighth Amendment by Richard Resch (p 40)
• Indiana Supreme Court Clarifies “Single Statutory Offense” for Substantive Double Jeopardy Analysis, Holding Powell Test Governs Multiple Convictions Under Elevated Forms of Common Base Offense by David Kim (p 42)
• SCOTUS Unanimously Announces Heck Does Not Bar §1983 Suits Seeking Purely Prospective Relief, Resolving Circuit Split Over Whether a Prior Conviction Precludes a Forward-Looking Constitutional Challenge to the Statute of Conviction by Richard Resch (p 44)
• SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split by David Kim (p 46)
• Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence by David Reutter (p 47)
• Montana Supreme Court Holds Defendant’s Sentence Must Be Vacated Where District Court Premised Sentence on Defendant’s Exercise of Constitutional Rights to Jury Trial, Silence, and Against Self-Incrimination by Douglas Ankney (p 48)
• News In Brief (p 49)

March

• Fifth Circuit Holds Texas Sexual Assault of a Child Statute Sweeps More Broadly Than Federal SORNA Tier Offenses by Douglas Ankney (p 18)
• Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice by David Reutter (p 19)
• Fifth Circuit Announces Long Vehicle Protective-Search Exception Requires Contemporaneous Facts Demonstrating Third Party’s Potential Dangerousness Before Warrantless Vehicle Search Is Permissible by David Kim (p 21)
• Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct by David Reutter (p 23)
• Fourth Circuit Clarifies Two-Year Statute of Limitations Governs All § 1983 Claims Arising in West Virginia, Regardless of Underlying Tort or Survivability by David Kim (p 25)
• New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial by David Reutter (p 26)
• Montana Supreme Court: Due Process Prohibits Courts From Relying on Unproven Charging Allegations When Imposing Sex Offender Registration Duty, Announces First-Impression Rule Limiting Review to Elements of Conviction by David Kim (p 29)
• New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent by David Reutter (p 31)
• Eleventh Circuit Announces Hobbs Act Robbery Requires Force Before or During Taking, Reversing Conviction Where Defendant Used Force Only After Co-Conspirator Had Surreptitiously Stolen Property and Departed by David Kim (p 32)
• Second Circuit Holds Exclusion of Evidence Corroborating Defendant’s Testimony About Third-Party Statements Bearing on Intent Was Error, Clarifying That Rule 404(b) Does Not Bar Non-Propensity Evidence Offered to Support Credibility by David Kim (p 34)
• Delaware Supreme Court Announces Four-Part Plain Error Framework, Aligning Prejudice Standard With Federal Approach Requiring Reasonable Probability of Different Outcome by Douglas Ankney (p 37)
• Oregon Supreme Court Announces Bright-Line Rule Requiring Dismissal Without Prejudice When State Fails to Appoint Counsel for Eligible Criminal Defendant Within 60 Days in Misdemeanor Cases or 90 Days in Felony Cases Post-Arraignment by David Kim (p 39)
• A Critical Safeguard for the Accused: NIST’s New DNA Standard Challenges the Reliability of “Messy” Crime Scene Evidence by Jo Ellen Nott (p 41)
• Fourth Circuit Clarifies Revocation Appeal Provides “Procedurally Appropriate Mechanism” for Raising Rogers Challenge to Unannounced Supervised Release Conditions, Vacates Revocation Judgment Based on Null Standard Conditions by David Reutter (p 42)
• Hawaii Supreme Court Announces State Constitution Requires Law Enforcement to Record All Custodial Interrogations, Overruling Three-Decade-Old Precedent and Recognizing New Due Process Right by Sagi Schwartzberg (p 44)
• The Unintentional Informant: Household Pets as Vectors of Human DNA by Jo Ellen Nott (p 44)
• The “Free Trial” Police State by Jo Ellen Nott (p 46)
• Acquitted Conduct Sentencing: Not Guilty – But Punished Anyway by Douglas Ankney (p 47)
• by Jo Ellen Nott I n a significant victory for the reintegration of formerly incarcerated individuals and those with arrest records, Illinois Governor JB Pritzker signed House Bill 1836, known as the “Clean Slate” Act, on January 16, 2026. The legislation by Jo Ellen Nott (p 49)
• NEWS IN BRIEF (p 49)

February

• SCOTUS Announces Single Act Violating Both 18 U.S.C. §§ 924(c)(1)(A)(i) and 924(j) May Result in Only One Conviction, Ruling Congress Did Not Clearly Express Intent to Overcome Blockburger Presumption Against Cumulative Punishment for Same Offense by David Kim (p 18)
• Washington Supreme Court Announces Race and Ethnicity Are Relevant Factors Courts May Consider When Applying the Totality of the Circumstances Test for Determining Whether Suspect Is “In Custody” for Miranda Purposes by David Kim (p 20)
• SCOTUS Clarifies Emergency-Aid Home Entries Require Only an “Objectively Reasonable Basis for Believing” an Occupant Faces Serious Danger, Rejecting a Probable-Cause Standard and Montana’s Terry-Like Caretaker Test by Richard Resch (p 22)
• Massachusetts Supreme Judicial Court Announces Resende’s “Sequential Prosecution Rule” for Armed Career Criminal Sentencing Enhancement Is Binding Precedent, Not Dictum by Richard Resch (p 24)
• Georgia Supreme Court Clarifies Framework for Evaluating Extraordinary Motions for New Trial Based on Scientific Developments, Holding Trial Court Applied Incorrect Legal Standard in Denying “Shaken Baby Syndrome” Challenge by David Kim (p 26)
• SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims by Richard Resch (p 28)
• California Supreme Court Announces Excessive Fines Clauses Are the Proper Method to Challenge Punitive Fines, Holds Equal Protection Requires Courts to Consider Defendant’s Inability to Pay Before Imposing Certain Ancillary Assessments Upon Request by David Kim (p 31)
• Washington Supreme Court Holds Courts Must Meaningfully Consider Youth When Assessing Miranda Waiver and Clarifies That Res Gestae Exception Requires Temporal Proximity to Charged Crime by Sagi Schwartzberg (p 33)
• Maine Supreme Judicial Court Announces Trial Courts Must Rigorously Scrutinize Reliability of Expert Testimony in Unrecognized Forensic Fields, Holding Trial Court Erred in Admitting Forensic Podiatry Footprint-Comparison Testimony Without a Demonstrated by Douglas Ankney (p 36)
• Flock’s Gunshot Sensors Are Expanding to “Distress” Sounds by Sagi Schwartzberg (p 38)
• How AI Integration Used by Law Enforcement Fails the Public by Jo Ellen Nott (p 39)
• California Court of Appeal Holds Perkins Operation Violated Miranda Where Known Law Enforcement Officer’s “Stimulation” Tactics Amounted to Custodial Interrogation After Suspect Invoked Right to Counsel by David Kim (p 40)
• Illinois Supreme Court Announces Six-Element Jeffries Test Governs Self-Defense Jury Instructions in Cases Involving Force Against Police Officers, Rejecting Appellate Court Approaches That Either Created Separate Threshold Inquiry or Automatically Requir by Douglas Ankney (p 42)
• Pennsylvania Supreme Court Announces Expert Testimony on Manner of Death Must Satisfy Same Reasonable-Degree-of-Certainty Standard Applicable to All Expert Opinions by David Kim (p 44)
• Supreme Court of Maryland Announces Police Officer’s Observation of Driver Manipulating Cellphone Screen Does Not, Without Additional Facts, Establish Reasonable Suspicion for Traffic Stop Under Fourth Amendment by Douglas Ankney (p 46)
• When Words Mislead: Replacing “Touch” and “Trace DNA” with “Transfer DNA” by Jo Ellen Nott (p 48)
• SCOTUS Announces MVRA Restitution Constitutes Criminal Punishment Subject to Ex Post Facto Clause Protections by David Kim (p 48)
• News In Brief (p 50)

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)