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Archive: 2026

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)
• The Unintentional Informant: Household Pets as Vectors of Human DNA by Jo Ellen Nott (p 44)
• 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 “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)