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Archive: 2023

December

• Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement by Casey Bastian (p 1)
• Louisiana Sheriffs Repeatedly and Conveniently Destroy Public Records by Benjamin Tschirhart (p 13)
• Natural Language Processing Software Can Identify Biased Jury Selection, Has Potential to Be Used in Real Time During Voir Dire by Jo Ellen Nott (p 13)
• Eleventh Circuit Announces Defendant May Not Be Sentenced to Home Confinement for Violating Terms of Supervised Release When Sentenced to Statutory Maximum Period of Imprisonment for the Violation by Douglas Ankney (p 14)
• CBP Promises Not to Buy Location Data – But Is It a Hollow Promise? by Michael Thompson (p 15)
• Use of Forensic Genetic Genealogy Searches to Identify Suspects Needs Regulation and Can Be Challenged by Matthew Clarke (p 16)
• Chicago Cop Lied So Many Times Under Oath That Prosecutors Are Dismissing Cases That Relied on His Testimony by Jordan Arizmendi (p 17)
• Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired by Richard Resch (p 18)
• Report Finds Effective Text Message Reminders Can Reduce Community Supervision Violations by Jordan Arizmendi (p 19)
• Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes by Douglas Ankney (p 20)
• First Circuit: Justification for Upward Sentencing Departure Following Supervised Release Revocation Must Be Ade-quately Explained by Matthew Clarke (p 22)
• Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing by David Reutter (p 24)
• Indiana Supreme Court Reverses Involuntary Manslaughter Conviction Where Trial Court Denied Defense Counsel Opportunity to Directly Voir Dire Prospective Jurors by Douglas Ankney (p 25)
• We the Targeted: How the Government Weaponizes Surveillance to Silence its Critics 2372 by Nisha Whitehead, John W. Whitehead (p 26)
• Fourth Circuit: Disparate Sentence of 30 Years for Two § 924(c) Convictions Constitutes ‘Extraordinary and Compelling Reason’ for Early Release and § 3553(a) Sentencing Factors ‘Overwhelmingly’ Favor Sentence Reduction by Douglas Ankney (p 28)
• Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice by Anthony Accurso (p 30)
• New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors by Anthony Accurso (p 31)
• Fourth Circuit Reverses § 924(c) Conviction Because Kidnapping No Longer Qualifies as Predicate Offense and ‘Critical Record Documents’ Do Not Show Firearm Charge Was ‘Expressly Predicated Upon’ Any Other Offense by Douglas Ankney (p 32)
• New York Court Rules Police Allowed to Use Familial DNA Searches by Jordan Arizmendi (p 33)
• Texas Using Highly Sophisticated Israeli Phone Tracking Software by Jo Ellen Nott (p 33)
• ‘Criminal Courteaucracy’: Understanding the Unique Role of Criminal Court Administrators in Implementing Social Con-troll by David Reutter (p 34)
• Fifth Circuit: Fourth Amendment Seizure Occurred When Officer Pulled Behind Parked Vehicle, Activated Emergency Lights, and Simultaneously Ordered Suspect to Remain in Vehicle by Douglas Ankney (p 38)
• The EFF Is Tackling Border Towers, Facilitating Research into Impact of Mass Surveillance by Anthony Accurso (p 39)
• Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury by Matthew Clarke (p 40)
• After Mississippi Supreme Court Announcement, Courts Unprepared to Ensure Poor Defendants Have a Lawyer Throughout the Criminal Process by Jo Ellen Nott (p 41)
• Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge by Richard Resch (p 42)
• California Supreme Court Reinstates Petition for Resentencing Under SB 1437 Because Trial Court Misapprehended Le-gal Requirements for Proving Aiding and Abetting Implied Malice Murder by Matthew Clarke (p 44)
• Maine Supreme Judicial Court Announces Clarification of Test for Violation of Right to Speedy Trial Under Maine Constitu-tion by David Reutter (p 47)
• Sixth Circuit: Because Ohio’s Aggravated Robbery Statute Does Not Contain Mens Rea Requirement, Conviction Is Violent Felony Under ACCA Only if Underlying Theft in Robbery Contains Required Mens Rea by Douglas Ankney (p 49)
• News in Brief (p 50)

November

• Your Car Is Spying on You by Michael Thompson (p 1)
• People of Maine at Forefront of Battle to Keep Government Security Apparatus in Check by Douglas Ankney (p 11)
• A Nation of Snitches: DHS Is Grooming Americans to Report on Each Other by Nisha Whitehead, John W. Whitehead (p 12)
• Montana Supreme Court: Retroactive Application of Montana’s Sex Offender Registration Law, as Amended Since 2007, Violates Ex Post Facto Clause of State Constitution by Douglas Ankney (p 14)
• Checking In With Community Supervision by Anthony Accurso (p 16)
• New Jersey Takes First Steps in Eliminating Public Defender Fees by Jordan Arizmendi (p 17)
• Ninth Circuit: Younger Abstention Doctrine Inapplicable Where Habeas Petitioner Seeks Stay While § 1172.6 Petition in State Court Being Litigated and Petitioner Entitled to Stay of Habeas Proceedings While State Petition Pending by Douglas Ankney (p 18)
• Advent of ‘Green’ Ammunition Prompts Forensic Science to Analyze Organic and Inorganic Gunshot Residue and Establish Benchmarks for CSI by Jo Ellen Nott (p 19)
• Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable by Richard Resch (p 20)
• Michigan Supreme Court Holds Guilty Plea Cannot Be ‘Voluntary and Knowing’ When Induced by Inaccurate Understanding of Minimum and Maximum Prison Sentence by David Reutter (p 22)
• California Supreme Court Clarifies Harmless-Error Analysis of Alternative-Theory Error, Reverses and Remands Where Court of Appeal Applied Incorrect Standard by Douglas Ankney (p 24)
• Study Reveals Important Details About iPhone’s Building Level Registration Reliability by Jo Ellen Nott (p 24)
• Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim by Douglas Ankney (p 26)
• Study: ‘Inconclusive Finding’ by Examiner of Cartridge Casing Should Be Finding of ‘Excluded’ 85% of the Time by Douglas Ankney (p 28)
• 10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm by Anthony Accurso (p 28)
• Facial Recognition Software Gives Unreliable Results with Black Individuals and Leads to Unlawful Arrests by Jo Ellen Nott (p 30)
• ICE Employees Caught (Again) Misusing Access to Databases by Jordan Arizmendi (p 30)
• Fourth Circuit: Evidence Suppressed Where Officers Seized Defendant Without Reasonable Suspicion and Forced Him to Prove He Was Not Armed by Anthony Accurso (p 32)
• Electrocution by Taser Is Not Death From Excited Delirium by Douglas Ankney (p 33)
• New Jersey Supreme Court Announces Presumption in Favor of In-Person Interpreter for Criminal Trials and Issues Guidelines for Use of Video Remote Interpreting by Matthew Clarke (p 34)
• Sheep and Sheepdogs: Use and Abuse of Non-Lethal Crowd Control Weapons by Benjamin Tschirhart (p 35)
• Fourth Circuit Vacates Denial of First Step Act Relief Where Record Unclear Whether District Court Considered All Nonfrivolous Arguments Raised by Defendant by Douglas Ankney (p 36)
• Arizona Attorney General Settles Lawsuit, Agrees to Toss Unconstitutional Law Banning the Recording of Cops by Jo Ellen Nott (p 36)
• Sixth Circuit: Plain Error Where District Court Required Defendant at Resentencing to Admit Guilt in Order to Fully Consider Defendant’s Evidence of Rehabilitation by Douglas Ankney (p 38)
• Colorado’s Amendments to Post-Conviction DNA Testing Statute Allows Greater Number of Affected Persons to Seek Testing by Douglas Ankney (p 38)
• Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill by Douglas Ankney (p 40)
• Gunshot Detection Technology Continues to Acquire New Business Despite Major Clients Dropping Contracts and Researchers Questioning Its Effectiveness by Jo Ellen Nott (p 40)
• Computing Fear in Black and Brown Communities by Michael Thompson (p 42)
• DOJ Concludes Louisville Police Engaging in Patterns of Unconstitutional Conduct by Douglas Ankney (p 42)
• ICE Tramples Over the Judicial System by Jordan Arizmendi (p 43)
• U.K. Study of Consistency Among Pairs of Child Witnesses Shows Surprising Results by Matthew Clarke (p 43)
• Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding by Douglas Ankney (p 45)
• West Virginia Supreme Court Announces in the Absence of a Deadline, Trial Court Must Permit Defendant to Stipule to Prior Conviction During Trial by Douglas Ankney (p 46)
• Geofencing January 6th by Michael Thompson (p 47)
• Three’s a Crowd: Issues of DNA Mixture Analysis and Interpretation by Eike Blohm, MD (p 48)
• New Mexico Supreme Court Announces Trial Courts Retain Common Law Jurisdictional Authority to Correct Illegal Sentences, Allows Defendant to Withdraw Plea After Sentence Correction Involving Additional Parole Time by Anthony Accurso (p 49)
• News in Brief (p 50)

October

• Police Misconduct Reform: Forcing Police Officers to Have ‘Skin in the Game’ by Creating Financial Incentives with Insurance Premiums by David Reutter (p 1)
• Sixth Circuit: Sentence Procedurally Unreasonable Where District Court Failed to Explain Decision to Impose Consecutive Sentences and Substantively Unreasonable Where Court Improperly Weighed Sentencing Factors by Douglas Ankney (p 14)
• Closed Circuit Cameras: Not the Objective Lenses We’re Told by Benjamin Tschirhart (p 16)
• Database Containing 450,000 Records of NYPD Misconduct Now Available by Douglas Ankney (p 16)
• Ninth Circuit Announces District Courts Have Discretion to Consider Non-­Retroactive Changes in Post-­Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reduction by Douglas Ankney (p 17)
• New Tool Used by Police to Improve Interviewing Skills by Jordan Arizmendi (p 18)
• New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework by Richard Resch (p 18)
• Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review by Douglas Ankney (p 19)
• U.S. Sentencing Commission Publishes Compassionate Release Datafile for Fiscal Years 2020-­2022 by Casey Bastian (p 20)
• SCOTUS Announces Pending Investigation or Proceeding Is Not Required for an Offense to be ‘Related to Obstruction of Justice’ and Qualify as ‘Aggravated Felony’ in Removal of Noncitizen by Douglas Ankney (p 22)
• We’re All Suspects in a DNA Lineup, Waiting to be Matched with a Crime by Nisha Whitehead, John W. Whitehead (p 24)
• California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-­Murder Theory by Douglas Ankney (p 28)
• U.S. Supreme Court Announces § 2255(e)’s ‘Saving Clause’ Does Not Enable Prisoners to File § 2241 Petition Based on AEDPA’s Rule Against Second or Successive § 2255 Motions by Douglas Ankney (p 30)
• ‘Data for Defenders’: Valuable New Resource for Defense Counsel and Pro Se Litigants by Jordan Arizmendi (p 31)
• Maryland Supreme Court: Firearms Identification Methodology Does Not Provide Reliable Basis for Expert’s Unqualified Opinion That Bullets Recovered at Crime Scene Were Fired From Defendant’s Gun by Douglas Ankney (p 32)
• California Court of Appeal: Trial Court Abused Discretion in Failing to Recall Terminally Ill Prisoner’s Sentence Following CDCR’s Recommendation for Compassionate Release by Douglas Ankney (p 34)
• American Bar Association’s 2023 Plea Bargain Task Force Report by Carlo Difundo (p 36)
• Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’ by Douglas Ankney (p 38)
• D.C. Circuit Orders New Trial Due to Brady Violations Involving Source of Information, Not Withholding of Information Itself by Richard Resch (p 40)
• Texas Court of Criminal Appeals Holds Granting Motion for New Trial Because ‘Verdict Is Contrary to Law and Evidence,’ Without Further Explanation, Bars Retrial by Matthew Clarke (p 41)
• Third Circuit Vacates Possession of Cocaine Conviction Due to Insufficient Evidence to Support Weight Element by David Reutter (p 42)
• How the Backdoor Loophole Enables the FBI to Search Your Communications Without a Warrant by Michael Thompson (p 43)
• Ninth Circuit Announces No Deference to Application Note 1 to Guideline § 4B1.2(b) Because It Impermissibly Expands Definition of ‘Controlled Substance Offense’ by Douglas Ankney (p 45)
• Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review by Douglas Ankney (p 46)
• Digital Voiceprinting Is Not Ready for Court by Anthony Accurso (p 47)
• Oregon Supreme Court Clarifies Mansor Ruling for Search Warrants for Digital Data and Announces Framework for Suppression When Warrant Contains Both Constitutional and Unconstitutional Search Categories by Anthony Accurso (p 48)
• News in Brief (p 50)

September

• Geofence Warrants: Little-Known Search Makes Innocent People Suspects Simply for Having a Phone Near a Crime Scene by Douglas Ankney (p 1)
• What’s ‘Sufficient’ Rehabilitation for Compassionate Release? by Luke Sommer, James Lockhart (p 13)
• Interrogating a Suspect With an Intellectual Disability Using the Reid Technique: Recipe for a False Confession by Jo Ellen Nott (p 15)
• Forensic Benefits of a Body Farm Facility by Jordan Arizmendi (p 17)
• Surveilling AI’s Big Moment by Michael Thompson (p 18)
• Police Can Get More From Your Phone Than You May Believe by Michael Thompson (p 18)
• Wyoming Supreme Court Reverses ‘Contempt of Cop’ Conviction Because Police Were Not Lawfully Performing Their Official Duties by Richard Resch (p 19)
• Sixth Circuit Suppresses Evidence Obtained as a Result of Warrant That Lacked Probable Cause of Criminal Activity in Arson Investigation by Anthony Accurso (p 20)
• Arizona Blowfly Database Develops Empirical Support for Time of Death Estimation by Anthony Accurso (p 21)
• California Court of Appeal Reverses Felony Murder Conviction Because Evidence Insufficient to Support Underlying Predicate Felony of Attempted Robbery by Douglas Ankney (p 22)
• Probation Sentences Capped in Minnesota by Jordan Arizmendi (p 23)
• Biased Algorithms Are Still a Problem by Michael Thompson (p 23)
• The Two Faces of the FBI and DOD Facial Recognition Program by Carlo Difundo (p 24)
• New York Court of Appeals: Constitutional Prohibition Against Restraining Defendant Without Explanation Remains in Force During Announcement of Verdict and Polling of Jurors by Douglas Ankney (p 25)
• No Discipline for NYPD Officers Who Deface License Plates in Apparent Attempt to Evade Tickets by Douglas Ankney (p 25)
• New York City’s DNA Gun Crimes Unit Reduces Turnaround Times for Gun Crimes by Half by Jordan Arizmendi (p 26)
• Massachusetts Supreme Judicial Court Casts Nearly 30,000 DUI Convictions in Doubt Due to ‘Egregious Government Misconduct’ by Jordan Arizmendi (p 26)
• The Serious Threat of Cell-Site Simulators by Michael Thompson (p 28)
• Second Circuit Vacates § 924 Convictions Predicated on Attempted Hobbs Act Robbery by Douglas Ankney (p 30)
• New Study Proposes Biological Reasons May Cause Sudden Infant Death Syndrome by Jordan Arizmendi (p 31)
• Law Enforcement Using Technology That Accesses Live Video From Any Camera Connected to the Internet by Jordan Arizmendi (p 31)
• New Service Highlights Cellphone Privacy Issues by Michael Thompson (p 32)
• Mississippi Ends ‘Dead Zone’ by Jordan Arizmendi (p 32)
• Report Finds Older Prisoners in Maryland Are Less Likely to Be Paroled by Jordan Arizmendi (p 34)
• ‘Lab in a Box’ Provides DNA Results in Minutes by Jordan Arizmendi (p 34)
• New Robotic Cops Patrolling in NYC by Jordan Arizmendi (p 35)
• Supreme Court of California: After Amendments to Three Strikes Law, Courts Retain Concurrent Sentencing Discretion for Qualifying Offenses Committed on Same Occasion or Arising From Same Operative Facts by Douglas Ankney (p 36)
• New York Court of Appeals: Call Intercepted on Wiretap Not Exempt From Statutory Notice Requirements Simply Because Same Call Captured on Separate, Consensual Recording by Jail by Anthony Accurso (p 38)
• Fourth Circuit Denies Defendant Faced ‘Classic Penalty Situation’ During Polygraph Questioning While on Supervised Release by Anthony Accurso (p 39)
• Seventh Circuit: Whether Right to Counsel ‘Attaches’ Is Not Dependent on Defendant’s Appearance at Probable Cause Hearing by Anthony Accurso (p 40)
• Sixth Circuit Holds Bump Stocks Not Regulated Under Machinegun Statute by Anthony Accurso (p 41)
• New Jersey Supreme Court: Third-Party’s Apparent Authority to Consent to Search Premises Does Not Extend to Defendant’s Personal Property Located on Premises by Anthony Accurso (p 42)
• Travis County, Texas, Efforts to Keep Mentally Ill Individuals Out of Jail Face Funding, Infrastructure, and Information Management Challenges by Jo Ellen Nott (p 44)
• Third Circuit: Pennsylvania Second-Degree Aggravated Assault of a Protected Individual Not a ‘Violent Felony’ Under ACCA, Court Acknowledges ‘Bizarre Result’ by Anthony Accurso (p 45)
• From the Sad but True Files: Police Oppose Laws Prohibiting Cops From Lying to Juveniles During Interrogations by Douglas Ankney (p 46)
• Colorado Supreme Court Clarifies There Is No Per Se Rule Excluding Self-Serving Hearsay by Matthew Clarke (p 47)
• Collaborative Project Between Innocence Project and National Registry of Exonerations Produces Interim Report Reconciling Data Coding Discrepancies by Casey Bastian (p 48)
• New Montana Law Bans Warrantless Facial Recognition Surveillance by Jordan Arizmendi (p 49)
• ‘Silos’ Can Keep Police Departments From Knowledge of Extent of Police Abuse and Consequences of That Abuse by Matthew Clarke (p 50)
• News in Brief (p 50)

August

• Deceiving Themselves: How Cops’ False Belief in Their Ability to Detect Deception From Nonverbal Cues Leads to Miscarriages of Justice by Casey Bastian (p 1)
• New York State Police Are Ramping Up Social Media Surveillance (p 14)
• Forensic Genetic Genealogy Has Solved 545 Cases – and Counting by Douglas Ankney (p 15)
• FBI Make-Work Entrapment Schemes: Creating Criminals in Order to Arrest Them by John W. Whitehead, Nisha Whitehead (p 16)
• Colorado Supreme Court Announces That Introducing New Race-Neutral Justifications on Remand Not Permitted in Batson Challenge by Douglas Ankney (p 18)
• Roadside Drug Tests: Failed Technology From the Failed War on Drugs by Anthony Accurso (p 20)
• Arizona Supreme Court Announces ‘Person’ in Self-Defense Statute Applies Only to Defendant, Not Victim as Well by Douglas Ankney (p 23)
• Hawaii Supreme Court: Defendant’s Due Process Rights Violated by Prosecutor (p 24)
• Second Circuit: Second-Degree Kidnapping Under New York Penal Law § 135.20 Not Categorically a Crime of Violence by Douglas Ankney (p 25)
• California Supreme Court Announces Warrantless Search Parole Condition Does Not Dissipate Taint of Unlawful Detention and Subsequent Search, Suppresses Evidence by Anthony Accurso (p 26)
• SCOTUS Announces Proper Remedy for Venue and Vicinage Clause Violations Is Retrial in Proper Venue, Not Barring Retrial by Richard Resch (p 28)
• SCOTUS Announces § 924(c)(1)(D)(ii)’s Consecutive Sentence Mandate Not Applicable to § 924(j) Sentences by Richard Resch (p 30)
• Ninth Circuit Announces State Habeas Petition Remains ‘Pending’ for Purposes of AEDPA 1-Year SOL While State Relief Remains Open Regardless of Whether Petitioner Utilizes It by Richard Resch (p 31)
• Seventh Circuit: Postconviction Relief Petition Still Pending in Illinois Court 20 Years After Filing Entitles Petitioner to Seek Federal Habeas Relief Without First Exhausting State Remedies by Richard Resch (p 33)
• Eleventh Circuit Announces Definition of ‘Controlled Substance Offense’ in Guidelines § 4B1.2(b) Does Not Include Inchoate Offenses and Expressly Overrules Precedent Holding to the Contrary by Douglas Ankney (p 35)
• Kansas Supreme Court Announces Legislature Intended to Tie One Unit of Prosecution to Multiple Items of Drug Paraphernalia Under K.S.A. 2016 Supp. § 21-5709(b)(1) and (b)(2) by Douglas Ankney (p 37)
• Mississippi Supreme Court: Court of Appeals Improperly Permitted State to Supplement Record on Appeal in Reviewing Habitual Offender Determination by Douglas Ankney (p 38)
• California Court of Appeal: Counsel and Sentencing Court’s Misadvisement of Plea’s Immigration Consequences Require Relief From Conviction by David Reutter (p 39)
• Fifth Circuit Announces Statute Prohibiting Firearm Possession by Person Subject to Domestic Violence Restraining Order Is Unconstitutional in Light of Bruen by Douglas Ankney (p 40)
• Record High Exonerations in 2022 by Jordan Arizmendi (p 41)
• Your Texts, Emails, and Location Are Available to Law Enforcement, Regardless of How Law-Abiding You Are by Jo Ellen Nott (p 42)
• California Supreme Court Announces Proof of First Degree Poison Murder Requires Showing Defendant Deliberately Gave Victim Poison with Intent to Kill or Inflict Injury Likely to Cause Death by Douglas Ankney (p 43)
• The Daniel Buffington Dilemma: Does His Expert Witness Testimony Satisfy Daubert? by Jo Ellen Nott (p 44)
• A Surveillance Scam by Any Other Name Is But a Parasite (p 45)
• Current Volume of Digital Evidence Challenge the Criminal Justice System to Do Better by Jo Ellen Nott (p 45)
• Police Departments Conspire with Boards to Secretly Install License Plate Cameras Without Consent of Residents by Benjamin Tschirhart (p 46)
• Holding Bad Cops Accountable Is the Way Forward in Police Reform by Douglas Ankney (p 47)
• Police Unions Continue Overt and Covert Actions Designed to Weaken Oversight Boards by Douglas Ankney (p 47)
• SCOTUS Announces First Amendment Requires Mens Rea of Recklessness for ‘True Threats’ Conviction by Richard Resch (p 48)
• Did You Know Popular Video Doorbells Are Equipped with Facial Recognition? by Jordan Arizmendi (p 49)
• Research on Persistence of Touch DNA Will Help Investigators Collect More Usable Samples by Jo Ellen Nott (p 50)
• News in Brief (p 50)

June

• New English Law Allows Government to View a Year’s Worth of Browsing History from an Individual Approved by a Judge
• Body Camera Footage Captures Fatal Arrest by Three Mississippi Officers
• Former DHS Agent Cut and Pastes Fake DNA Tests Results in Paternity Scandal
• St. Joseph County Sheriff Pleads Guilty to Two Misdemeanors for Driving Drunk at a 100 mph and Carrying Concealed Weapon While Drunk
• Former Supervisor of D.C. Metro PD Intelligence Indicted for Tipping off Leader of Proud Boys About Impending Arrest
• L.A. County Sheriff’s Deputy Who Sued Over Presence of ‘The Executioners’ Deputy Gang Is Member of Another Deputy Gang Called ‘The Gladiators’
• The Inevitability of Central Bank Digital Currencies and Their Threat to Human Rights by Anthony Accurso (p 1)
• SCOTUS Announces ‘Right-to-Control’ Theory Not Valid Basis for Liability Under Federal Wire Fraud Statutes by Richard Resch (p 14)
• Texas Court of Criminal Appeals: Trial Court Deprived Defendant of Opportunity to Present Complete Defense by Douglas Ankney (p 16)
• SCOTUS: Honest-Services Fraud Jury Instructions Regarding Private Citizen Too Vague by Richard Resch (p 18)
• New Commission in Georgia Will Discipline and Remove Prosecutors Who Are Seen as Not Tough Enough on Crime by Jo Ellen Nott (p 19)
• Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights by Richard Resch (p 20)
• California Court of Appeal Reiterates ‘Three Strikes’ Law Does Not Limit ‘Presentence’ Custody Credits, Defendant Entitled to Credits Calculated Under Penal Code § 4019 by Douglas Ankney (p 21)
• Ninth Circuit: Government’s Inflammatory Arguments in Sentencing Memorandum and at Sentencing Hearing Implicitly Breached Plea Agreement Promise Not to Recommend Sentence in Excess of Low-End Guidelines Range by Douglas Ankney (p 22)
• Georgia Supreme Court Announces Overruling Longstanding Rule That Anything Filed by Defendant While Represented by Counsel Is Always a ‘Legal Nullity’ by Douglas Ankney (p 24)
• Fourth Circuit: Denial of Motion for Compassionate Release Abuse of Discretion Where District Court Failed to Properly Address Numerous Health Issues, Advanced Age, and Relevant § 3553(a) Factors by Douglas Ankney (p 26)
• Fourth Circuit Declines to Enforce Appeal Waiver and Procedural Default Excused by ‘Cause and Actual Prejudice,’ Reverses Denial of § 2255 Motion to Vacate § 924(c) Conviction Based on Hobbs Act Conspiracy by Douglas Ankney (p 27)
• Saul Kassin Probes Dangerous Practices in ‘Duped: Why Innocent People Confess-and Why We Believe Their Confessions’ by James Doyle (p 30)
• Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand by David Reutter (p 33)
• Fourth Circuit Holds Ineligibility for First Step Act Safety Valve Relief Requires Proof of All Three Listed Criminal History Characteristics Satisfied, Widening Circuit Split by David Reutter (p 34)
• First Circuit: Plain Error Where District Court Based Upward Variant From Sentencing Guidelines Range on New Information Not Already in the Record at the Time of Sentencing by Douglas Ankney (p 35)
• Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’ by Douglas Ankney (p 36)
• Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions by Douglas Ankney (p 37)
• Arkansas Supreme Court Reverses 11 Counts of Possession of Child Pornography Because CGI Images Do Not Depict Image of a Child by Douglas Ankney (p 38)
• Specialized Police Units Hunt People for ICE by Keith Sanders (p 39)
• Banishment: Using an Ancient Solution to Address a Modern Problem by Benjamin Tschirhart (p 40)
• Police Can Get More From Your Phone Than You May Believe by Michael Thompson (p 41)
• Cops Aren’t Just Murdering People With Impunity – They Also Conduct Bogus Traffic Stops by Anthony Accurso (p 42)
• Civilian Police With Military Equipment by Edward Lyon (p 42)
• New Orleans Authorizes Facial Recognition to Identity Suspects by Michael Thompson (p 44)
• Inspector General Report: FBI Routinely Abused Access to Private Communications by Eike Blohm, MD (p 44)
• Financial Pressure Finally Brings Police Reform by Jayson Hawkins (p 45)
• The ACLU Calls for a Moratorium on Blanket Recording of ALPR Footage by Kevin Bliss (p 46)
• Police Study Shows That Reform and Effectiveness Are Not Mutually Exclusive by Benjamin Tschirhart (p 47)
• Police Sketch Bot Arrives by Carlo Difundo (p 47)
• ‘Contagion Effect’ Spreads Brutality Among Police Officers by Eike Blohm, MD (p 48)
• America’s Latest “War on” … Protestors by Casey Bastian (p 49)
• Memphis Police Beat Man to Death by Kevin Bliss (p 49)
• Minnesota Abolishes Life Without Parole for Juveniles by Jordan Arizmendi (p 50)
• Louisiana Jury Selection Illegal According to Recently Passed Bill by Kevin Bliss (p 50)
• News in Brief (p 51)

May

• Secondary DNA Transfer: Little Known Phenomenon That Puts You at a Crime Scene You’ve Never Visited and Places a Murder Weapon You’ve Never Touched in Your Hand by Miles Dyson
• Maryland Cops Stop People Based on Smell of Pot Despite Being Legal in State, Lawmakers Pass Bill to End Abusive Practice by Miles Dyson
• Florida Governor Ron DeSantis’ Police Relocation Program Has Lured Officers With Violent Records, Including Charges of Murder, Kidnapping, and Brutality by Miles Dyson
• Dozens of LA Sheriff’s Deputies Suspected of Gang Membership Ordered to Show Gang Tattoos and Snitch on Fellow Cops by Miles Dyson
• After Spending Over 30 Years in Prison for a Murder Maryland Man Didn’t Commit, Judge Grants Petition for Writ of Actual Innocence by Miles Dyson
• Bipartisan Call for Postal Service to Overhaul Warrantless Snooping for Law Enforcement and Intelligence Agencies by Miles Dyson
• Indiana Passes Law Prohibiting Police From Lying to Juveniles During Interrogation to Help Prevent False Confessions by Miles Dyson
• Los Angeles Superior Court Issues Historic Preliminary Injunction on Cash Bail Enforcement by Miles Dyson
• The Evolving Science, Skepticism, and Limited Evidentiary Value of Firearm and Toolmark Identification by Douglas Ankney (p 1)
• Op-Ed: Fix the First Step Act and Let Reformed Prisoners Out From Behind Bars – Time Credits and the Irrebuttable Presumption Doctrine by Christopher Cobb (p 17)
• Beyond Rehabilitation: Personal Achievement and Selfless Service as Grounds for Federal Compassionate Release by James Lockhart, Luke Sommer (p 20)
• SCOTUS Announces Statute of Limitations for § 1983 Claim Challenging State’s Postconviction DNA Testing Procedures Begins to Run Upon Completion of State-Court Litigation, Including Appeals by Richard Resch (p 22)
• Oregon Supreme Court: Right to Counsel Violated by Police Questioning Defendant About an Uncharged Crime in Connection With Charged Crime for Which Defendant Represented by Counsel by Mark Wilson (p 23)
• Idaho Supreme Court: Confession Obtained in Violation of Miranda Inadmissible in State’s Case in Chief but May Be Used for Impeachment Purposes Where Defendant’s Will Was Not ‘Overborne’ During Interrogation by Douglas Ankney (p 24)
• Ohio Supreme Court: Good-Faith Exception to Exclusionary Rule Inapplicable to Warrant Based on Affidavit Stating Cellphones Found at Scene of Traffic Crash ‘May’ Contain Evidence by Anthony Accurso (p 26)
• Eleventh Circuit Announces Defendant Must Satisfy All Three Subsections of § 3553(f)(1) to Be Ineligible for Safety Valve by Douglas Ankney (p 28)
• Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention by Harold Hempstead (p 28)
• New York Court of Appeals Announces When an Alternate Juror Is ‘Discharged’ and no Longer ‘Available for Service’ by Douglas Ankney (p 30)
• Seventh Circuit: Fugitive Who Leased Condo Under Alias Retained Expectation of Privacy so Landlord Could Not Give Valid Consent for Warrantless Search of Premises by Richard Resch (p 31)
• California Court of Appeal: Geofence Warrant Violates ‘Particularity’ Requirement of Fourth Amendment and Is ‘Overbroad’ but Good Faith Exception Applies Because of the Novelty of Geofence Warrants at Time Sought and Executed by Richard Resch (p 32)
• Washington Supreme Court Announces Adoption of ‘Rule of Automatic Reversal’ When Prosecutor Flagrantly Appeals to Racial and Ethnic Bias During Voir Dire by Mark Wilson (p 36)
• Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief by Dale Chappell (p 37)
• Massachusetts Supreme Judicial Court Affirms Granting of New Trial in Murder Case Based on IAC Where Counsel Failed to Investigate Exculpatory Evidence Contained in a Proffer and Provided to Counsel Prior to Trial by Matthew Clarke (p 38)
• A Lie Is Still a Lie, Even if the Speaker Genuinely Believes It by Jordan Arizmendi (p 39)
• Tennessee Supreme Court Announces State Statute Automatically Sentencing Juvenile Offenders Convicted of First-Degree Murder to Life in Prison Is Unconstitutional by Douglas Ankney (p 40)
• California Court of Appeal Announces ‘Plausible Justification’ as Standard for Claiming Entitlement to Discovery Under Racial Justice Act of 2020 by Mark Wilson (p 43)
• Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence by Douglas Ankney (p 44)
• by Eike Blohm, MD FATAL ENCOUNTERS WITH POLICE OCCUR in the U.S. with disturbing frequency, setting us apart from other Western industrial nations. A recent study published in the Annual Review of Criminology explores the drivers behind this American exce by Jordan Arizmendi (p 46)
• Study Explores Factors Underlying High Rate of American Police Killings by Eike Blohm, MD (p 47)
• Proactive Online Stings Do Little to Protect Children by Eike Blohm, MD (p 49)
• California Court Rejects Geofence Warrant by Anthony Accurso (p 50)
• News in Brief (p 50)
• TSA Tests Facial Recognition Technology at Airports, Lawmakers Criticize Increased Surveillance by Miles Dyson
• Police’s Limited Understanding of AI Tools Raises Concerns, Study Finds by Miles Dyson
• The Persistence of Polygraph Tests: A Misguided Reliance on Junk Science
• Florida Governor Ron DeSantis Rejects Federal Central Bank Digital Currency, Signs Groundbreaking Bill Safeguarding Personal Finances from Government Control and Surveillance by Miles Dyson
• FBI Continues Its War Against Public Key Encryption but Fails to Provide Evidence Requested by Congress by Miles Dyson
• Secret Service and ICE Used Stingray Devices Without Warrants, Watchdog Finds
• 5 Facts About DNA and Wrongful Convictions by Miles Dyson
• “I Can’t Breathe!” – California Reaches Record $24 Million Civil Rights Settlement in Fatal Police Custody Incident Two Months Before George Floyd Uttered Same Plea
• A Quarter-Century of Injustice Ends: Norberto Peets Exonerated in the Bronx
• ‘Defensive’ Search Is Not a Recognized Exception to the Warrant Requirement … Yet
• Police Won’t Give Up Militarization Without a Fight
• Raising Doubts and Wrongful Convictions: The Troubling Legacy of Bite Mark Analysis in the Legal System
• The Proliferation of Junk Science in Forensics: A Systemic Spread
• Fired Cop Who Killed Breonna Taylor Hired by Sheriff’s Office in Rural Kentucky, Sparking Outrage
• FBI’s Anti-Encryption Campaign Sparks Controversy
• U.S. Marshals Service’s Secretive Surveillance Unit Still Recovering Months After Ransomware Attack
• Ninth Circuit Rules Honking One’s Car Horn Is Not Protected by the First Amendment

April

• Executive Director of Police Association in California Charged in Multi-National Drug Smuggling Operation by Kaden Gicker
• Maryland Sheriff Charged in Scheme to Fraudulently Obtain Machine Guns by Kaden Gicker
• Iowa Police Chief Arrested for Abusing Position to Stalk Ex-Girlfriend by Kaden Gicker
• Georgia National Guard Plans to Geofence Public High Schools to Target Recruits by Jordan Arizmendi
• Latest Document Leak Already Being Used by Government as Excuse to Tighten Surveillance on All of Us by Jordan Arizmendi
• Executive Director of California Police Association Accused of Running Illegal Drug Distribution Business, Charged with Importing Fentanyl by Jo Ellen Nott
• The Business of Dying: Coroners, Medical Examiners, and the Crisis of Death Investigations in the United States by Benjamin Tschirhart (p 1)
• Wisconsin Supreme Court: Riding Same Make of Motorcycle as Reported by Police Speeding and Driving Erratically Does Not Constitute Reasonable Suspicion to Initiate Traffic Stop by Anthony Accurso (p 12)
• Fifth Circuit Announces Altered Serial Number Enhancement Does Not Apply Where Gun Never Had Serial Number by Richard Resch (p 13)
• Computing Fear in Black and Brown Communities by Michael Thompson (p 14)
• Police Killings Reach Record High – But Also Lower than Ever Before by Benjamin Tschirhart (p 14)
• How Junk Science Helped Kill Tyre Nichols by Eike Blohm, MD (p 15)
• Ohio Supreme Court Holds Termination of Community Control Is Final Discharge for Purposes of Sealing Records and Terminates Unsatisfied Condition to Pay Child-Support Arrearages by Matthew Clarke (p 16)
• Eighth Circuit: Defendant Facing Revocation of Supervised Release Did Not Knowingly and Voluntarily Waive Right to Counsel Where Appointed Counsel Admittedly Knew Nothing About Case and Advised Choosing Between ‘Big House or the Nut House’ by Mark Wilson (p 17)
• First Circuit Vacates Sentence Containing 20-Year Upward Variance Because District Court Failed to Provide Case-Specific Factors or Rationale for Such a Large Variance by Richard Resch (p 18)
• Idaho Supreme Court: Drug-Detection Dog Conducted Warrantless Search by Placing Paws on Exterior of Vehicle to Sniff for Drugs by Richard Resch (p 20)
• Vermont Supreme Court Announces ‘Pinging’ Cellphone to Obtain Real-Time CSLI Constitutes a Search Requiring a Warrant or Recognized Exception by Richard Resch (p 21)
• Georgia Supreme Court: Trial Courts Are Bound to Follow Precedent of Court of Appeals by Harold Hempstead (p 22)
• A Brief History of K-9 Units in Law Enforcement by Kevin Bliss (p 23)
• Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners by Dale Chappell (p 24)
• New York State’s Veterans Treatment Courts by Edward Lyon (p 26)
• Police Violence Ignored When It Fails to Support the Media’s Ideological Bias by Richard Resch, Benjamin Tschirhart (p 26)
• Arizona Wants to TRAC Your Financial Transactions by Michael Thompson (p 27)
• How Minneapolis Uses Controversial Technology to Spy on Its Citizens by Michael Thompson (p 28)
• Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty Plea by Mark Wilson (p 30)
• California Court of Appeal: Trial Court Erred by Concluding Senate Bill 1393 Does Not Apply to Cases Already Final on Appeal by Douglas Ankney (p 32)
• The FBI Used an Undercover Cop With Pink Hair to Spy on Activists and Manufacture Crimes by Trevor Aaronson (p 34)
• Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial by Mark Wilson (p 36)
• Ohio Supreme Court Clarifies Meaning of ‘Outcome Determinative’ in Context of Motion for Postconviction DNA Testing by Douglas Ankney (p 37)
• Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion by Douglas Ankney (p 38)
• Tenth Circuit Deepens Circuit Split on Whether District Courts May Consider ‘Retribution’ in Deciding Whether to Revoke Supervised Release, Ruling It Is an Impermissible Factor to Consider by Richard Resch (p 39)
• Supervised Release and the Erosion of Due Process Protection by Benjamin Tschirhart (p 41)
• Houston Prosecutors Profit Millions From Cash Illegally Seized by Jacob Barrett (p 43)
• California Supreme Court Announces Government’s Continuing Brady Obligations and Ethical Duty of Disclosure During Habeas Proceedings Regarding Alleged Exculpatory Evidence Available at Time of Trial but Suppressed by Richard Resch (p 44)
• Beware of Smart Devices That Infringe on Your Privacy by Casey Bastian (p 47)
• California Court Rejects Geofence Warrant by Anthony Accurso (p 50)
• News in Brief (p 50)
• Police Using GPS Sticky Darts to Avoid High-Speed Car Chases by Jordan Arizmendi
• The 24/7 Police Lineup of Face Recognition Technology by Jordan Arizmendi
• Forensic Re-creations of Police Abuse and Landmark Settlements Thanks to That Cell Phone in Your Pocket
• AI Company Scraped 30 Billion Facebook Pictures and Sold Them to the Cops by Jordan Arizmendi
• Smart Locks Violate Tenants’ Privacy and Provide Valuable Information to Police
• The Number of Surveillance-Based Officer-Citizen Encounters Is Increasing

March

• Another Chapter in Cops’ False Narrative That Mere Contact With Fentanyl Is Deadly – Cleveland Police K-9 Given NARCAN After Fentanyl Exposure by Jo Ellen Nott
• Facing Driving-While-Suspended Charge in Oregon? DMV Has Thousands of Inaccurate Records, So You May Actually Be Innocent. But Other Innocent Drivers Already Sent to Prison by Jo Ellen Nott
• A Brief History of K-9 Units in Law Enforcement by Kevin Bliss
• 911 Call Analysis Debunked as Pseudoscience – But It Helped Send Many to Prison by Kevin Bliss
• It’s Time for Jaywalking Laws to Take a Hike by Kevin Bliss
• Technology Allows for Overbroad Searches on Warrants by Kevin Bliss
• After Years of Hard Work and Dedication, Adnan Syed Is Freed by Serendipity by Jayson Hawkins (p 30)
• The Power of the Prosecutor in America: Abuse, Misconduct, Unaccountability, and Miscarriages of Justice by Casey Bastian (p 1)
• Massachusetts Supreme Court: Probationer’s Due Process Right to Present a Defense Violated Where Denied Opportunity to Call Complainant Who Alleged Sexual Assault as a Witness During Probation Revocation Hearing by Harold Hempstead (p 16)
• Fourth Circuit: Immigration Judge’s Failure to Inform Noncitizen of Right to Appeal Deportation Order Was Prejudicial and Invalidated Later Indictment for Illegal Reentry by Jacob Barrett (p 18)
• Wyoming Supreme Court Rules Officer’s Conduct Prior to Traffic Stop for Traffic Violation Rendered Stop Unreasonable by Anthony Accurso (p 20)
• Eighth Circuit Announces ‘Probable Cause’ Is Proper Standard for Determining Whether Parolee Resides at Third-Party’s Residence for Purposes of Warrantless Searches by Anthony Accurso (p 21)
• Minnesota Supreme Court Announces Plain Language of Interference With Privacy of a Minor Statute Requires That Defendant Must Have Known Victim Was Under 18 at Time of Offense by Jacob Barrett (p 22)
• 360 Degree Surveillance: How Police Use Public-Private Partnerships to Spy on Americans by John W. Whitehead, Nisha Whitehead (p 24)
• Texas Court of Criminal Appeals: Adding Felony Counts by Amending Indictment Constitutes Addition of More Offenses by Douglas Ankney (p 26)
• California Court of Appeal Holds Phrase ‘From Date of Parole’ Refers to the Start Date of Parole and the Federal Fair Credit Reporting Act Does Not Preempt the California Investigative Consumer Reporting Agencies Act by Douglas Ankney (p 27)
• The Mounting Geofencing Threat by Michael Thompson (p 28)
• Maryland Court of Appeals: ‘No Objection’ to Introduction of Evidence at Trial That Was the Subject of Denied Motion to Suppress Does Not Waive Right to Appellate Review of Denial by Harold Hempstead (p 31)
• Sixth Circuit: Plain View Doctrine Does Not Apply Where Items Inside Vehicle Were Not Immediately and Apparently Incriminating When Viewed by Police Positioned Outside Vehicle by Anthony Accurso (p 32)
• New Jersey Supreme Court: Allowing Jury to Hear Defendant’s Invocation of Right to Counsel in Recorded Statement Together With Prosecutor Inferring Guilt Based on Request for Counsel Entitles Defendant to New Trial by Jacob Barrett (p 34)
• Sensitive Information in Police Database Vulnerable to Hacking by Kevin Bliss (p 35)
• SCOTUS: Arizona Supreme Court’s Interpretation of State Procedural Rule so ‘Novel and Unforeseeable’ It’s Not ‘Adequate’ to Preclude SCOTUS Review of Federal Death-Penalty Claim by Richard Resch (p 36)
• Pennsylvania Supreme Court: Exigent Circumstances Exception Does Not Justify Police’s Warrantless Seizure of Suspect’s Blood Sample by Hospital Staff by Jacob Barrett (p 37)
• New Jersey Supreme Court Announces Adoption of Daubert-Type Standard for Criminal and Quasi-Criminal Cases in Assessing Admissibility of Expert Evidence Under Rule 702 by Richard Resch (p 39)
• An Argument Without Teeth: The Flawed Science of Bite Mark Analysis by Eike Blohm, MD (p 40)
• Survivors of Police Shootings Face Daunting Legal, Emotional, and Physical Challenges by Eike Blohm, MD (p 41)
• Accused War Criminals Training Cops: What Could Go Wrong? by Jayson Hawkins (p 42)
• Time to Find the Key by Jayson Hawkins (p 42)
• Pro-Police Propaganda Dominates the Mainstream Media After Police Abuse and Failure by Benjamin Tschirhart (p 43)
• Study Finds DNA Similarities Among Look-alikes by Eike Blohm, MD (p 43)
• Investigation Delays Let Cops Kill Again by Jayson Hawkins (p 44)
• $100 Million Awarded in Federal Grant Money for Recidivism Reduction by Kevin Bliss (p 45)
• California Town Pushes Homeless Into the Desert by Jayson Hawkins (p 45)
• Law Enforcement Accesses Commercial DNA Databases Without Warrant by Eike Blohm, MD (p 46)
• Automatic Speaker-Identification System Performs Better Than Humans by Michael Thompson (p 47)
• TSA Using Facial Recognition at Airports in Pilot Program by Anthony Accurso (p 48)
• Corporations Voice Support for Black and Brown People as They Found Cop City by Carlo Difundo (p 48)
• DNA-Based Computer-Generated Mugshots Put Entire Community on Wanted List by Eike Blohm, MD (p 49)
• News in Brief (p 50)
• Law Enforcement and Mad Men by Douglas Ankney (p 50)
• Historic Settlement of $21,000 for Each Police Brutality Protester ‘Kettled’ and Beaten by NYPD by Jo Ellen Nott
• Minnesota Governor Restores Voting Rights to 50,000 Former Prisoners by Jo Ellen Nott
• Chicago Pays $40 Million Per Year to Private Firms to Defend Police Violence Cases by Jo Ellen Nott
• Active Bystandership for Law Enforcement Training Teaches Police Officers How to Intervene When Their Fellow Officers Use Excessive Force by Jo Ellen Nott
• $2 Million Settlement for Family of Beloved Musician, Cory Jones, Killed by Florida Cop Now Serving 25 Years for Slaying by Jo Ellen Nott

February

• Illinois Town Will Pay $12 Million to Family After SWAT Officer Shot 12-Year-Old in Kneecap While Sitting on Bed With Hands Up by Jo Ellen Nott
• Active Bystandership for Law Enforcement Training Teaches Police Officers How to Intervene When Their Fellow Officers Use Excessive Force by Jo Ellen Nott
• Police Departments’ Purchase of Tracking Tool Collecting Location Data Without a Warrant Raises Fourth Amendment Concerns by Jo Ellen Nott
• Madeline Mendoza Exonerated After Wrongful Conviction for Murder Engineered by Disgraced Former Chicago PD Detective Reynaldo Guevara by Jo Ellen Nott
• They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars. by Brett Murphy (p 1)
• Indiana Supreme Court: Defendant Who Was Both Victim of Crime and Suspect in Unrelated Crime Entitled to Pirtle Warning Prior to Police Asking for Consent to Search Home by Anthony Accurso (p 12)
• Federal Habeas Corpus: How to Raise a Fourth Amendment Claim by Dale Chappell (p 14)
• Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC by Jacob Barrett (p 16)
• Colorado Supreme Court: Police Lacked Reasonable Suspicion for Traffic Stop Based on Alleged Unsafe Lane Change by Anthony Accurso (p 18)
• California Court of Appeal: Right to Withdraw Plea 23 Years After Entered Because Counsel Failed to Properly Advise of Immigration Consequences and Defendant Mistakenly Believed Permanent Resident Status Barred Adverse Immigration Consequences by David Reutter (p 20)
• California Court of Appeal Affirms Grant of Suppression Motion Where Officer’s Pat Search of Defendant Based on High Crime Area, Baggy Clothes, Criminal Record, and Suspect in Separate Case by Douglas Ankney (p 22)
• New Jersey Supreme Court: Edwards Violation When Police Fail to Cease Interrogation After Suspect Makes Ambiguous Invocation of Right to Counsel and ‘Initiates’ Request for Further Communication with Police by Jacob Barrett (p 24)
• Missouri Supreme Court: Use of Out-of-Court Statement Admitted at Trial Exceeded Limited Purpose of Exception to Rule Against Hearsay Upon Which It Was Admitted by Matthew Clarke (p 26)
• Your Car Knows a Lot About You, and the Police Are Listening by Michael Thompson (p 27)
• Ohio Supreme Court: Defendant Has Reasonable and Legitimate Basis to Withdraw Guilty Plea Before Sentencing When He Discovers Evidence That Would Have Affected Decision by Douglas Ankney (p 28)
• California Court of Appeal: ‘Actual Killer’ Under Felony-Murder Rule Means Person ‘Who Personally Killed the Victim” by Harold Hempstead (p 30)
• Attorney General Garland Orders Federal Prosecutors to End Sentencing Disparities Between Crack and Powder Cocaine by Matthew Clarke (p 31)
• Governor of Oregon Leaves Legacy of Reformation While Leaving Office by Kevin Bliss (p 32)
• Nevada Supreme Court: Trial Court Erred in Denying Motion to Substitute Counsel Where Ample Evidence Showed Counsel Was Unprepared and Motion Timely by Harold Hempstead (p 32)
• Seventh Circuit: Defendant Entitled to Present Entrapment Defense Where ‘Some Evidence’ Exists of Government Inducement and Lack of Predisposition to Commit Crime by Douglas Ankney (p 34)
• Minneapolis Police Department Surveillance Operation Kneels on the Neck of the First Amendment by Casey Bastian (p 36)
• California Court of Appeal: Trial Court’s Denial of Faretta Request Without Finding of ‘Severe Mental Illness’ Denied Defendant Sixth Amendment Right to Self-Representation by Matthew Clarke (p 36)
• Ninth Circuit: No Qualified Immunity for Detective Who Arrested Anti-Police-Slogan Sidewalk Chalkers, but Not Other Chalkers Whose Content Wasn’t Anti-Police, Even Though There Was Probable Cause to Arrest by Matthew Clarke (p 38)
• Massachusetts Supreme Court: Commonwealth Failed to Show GPS Monitoring as Condition of Probation Is Constitutional by Anthony Accurso (p 39)
• Sixth Circuit Announces Nonretroactive Change in Sentencing Law Is Not an ‘Extraordinary and Compelling Reason’ Warranting a Sentence Reduction under Compassionate Release Statute by Douglas Ankney (p 40)
• Oregon Supreme Court: Federal Law Prohibits Elected DA’s Delegation of Wiretap Authority and Overbroad Initial Search Warrant Requires Suppression of Evidence Obtained as Result of Over 20 Subsequent Warrants by Mark Wilson (p 42)
• Invasions of Privacy for People on Electronic Monitoring Is a Warning of Worse Things to Come by Benjamin Tschirhart (p 43)
• The District of Colombia: Inside the Most Expansive Surveillance Network in America by Casey Bastian (p 44)
• Florida Supreme Court Settles Circuit Split, Holding Dual DUI Convictions Regarding Single Victim in Single Incident Violates Double Jeopardy by David Reutter (p 45)
• Houston Cop from Fatal Raid Lied in Other Cases by Jayson Hawkins (p 46)
• Was the DNA at the Crime Scene Left by the Perpetrator – or by a Pet? by Douglas Ankney (p 47)
• Electronic Freedom Foundation’s Atlas of Surveillance Helps You Watch Those Who Watch Us by Michael Thompson (p 47)
• Registry of Approved Standards Adds Two New 3D Firearm Analysis Standards by Casey Bastian (p 48)
• New York Police Department Joins Crowdsourced Surveillance Ring Neighbors App by Michael Thompson (p 48)
• FBI Heist Made Public by Jayson Hawkins (p 49)
• New San Francisco Ordinance Allows Police to Access Private Security Cameras by Kevin Bliss (p 49)
• News in Brief (p 50)
• Cruel and Unusual: Residency Restrictions Force Registrant to Die Among Strangers by Eike Blohm, MD (p 50)

January

• Body Cam Footage and Cellphone Videos Will Make the Quick Dismissals of Bad Police More Common by Jo Ellen Nott
• U.S. Sentencing Commission Seeks to Rein in Acquitted-Conduct Sentencing by Jo Ellen Nott
• Tenth Circuit Reminds Cops That Conducting a Traffic Stop to Flirt With Motorist Is Not Okay by Jo Ellen Nott
• The Debunking of Forensic Science: A Decade of Increased Scrutiny Reveals Forensic Processes Prone to Bias and Error by Casey Bastian (p 1)
• California Court of Appeal: At Felony-Murder Resentencing Hearing, Court May Not Deny Relief Based on Findings That Are Inconsistent With Previous Acquittal by Douglas Ankney (p 14)
• You’d Better Watch Out: The Surveillance State Is Making a List, and You’re On It by Nisha Whitehead, John W. Whitehead (p 16)
• Montana Supreme Court: Odor of Marijuana by Itself Insufficient to Prolong Traffic Stop by Anthony Accurso (p 18)
• Fifth Circuit: ‘Nonsubstantial Overcrowding’ of Vehicle Used in Transporting Illegal Aliens Insufficient for Imposition of Sentencing Enhancement Under Guidelines § 2L1.1(b)(6) by Douglas Ankney (p 18)
• California Court of Appeal: Kill-Zone Theory Principles Articulated in Canizales Are Retroactive to Judgments That Were Final at Time of Decision by Jacob Barrett (p 22)
• Florida Supreme Court Announces Completed ‘Purchase’ of Drugs Under Trafficking Statute Requires Exchange of Money and Possession by David Reutter (p 22)
• Eleventh Circuit: Prosecutor Denied Absolute Prosecutorial Immunity for Failure to Ensure Cancellation of Material Witness Warrant by David Reutter (p 24)
• Police Digitally Frame Activists in India, but It Can Happen Anywhere by Jayson Hawkins (p 24)
• Fifth Circuit: District Court Erred in Finding That a Fourth Amendment Stop Did Not Occur by Harold Hempstead (p 26)
• Massachusetts Supreme Judicial Court: Ineffective Assistance of Counsel Where Trial Counsel Believed, Erroneously, He Had Ethical Duty to Tell Prosecution Location of Key Incriminating Evidence Not in Counsel’s Possession by Douglas Ankney (p 27)
• Los Angeles: Police Union Resists Changes to Pretextual Stops by Jayson Hawkins (p 28)
• Police Find It Easier to Influence Public Opinion Than to Protect and Serve by Benjamin Tschirhart (p 30)
• Tenth Circuit: Unreasonable Determination of Downward Variance of Guidelines Resulted in Plain Error by David Reutter (p 30)
• Ninth Circuit Suppresses Evidence as Fruit of the Poisonous Tree Where Officer Lacked Probable Cause to Arrest Man Who Displayed Handgun in Open Carry State by Douglas Ankney (p 32)
• California Court of Appeal Announces the People Are Not Entitled to Have Privately Retained Psychological Expert Testify at Trial of SVPA Petition by Douglas Ankney (p 33)
• Connecticut Supreme Court Announces ‘John Doe’ Warrant Based on Suspect’s General Description and Partial DNA Profiles, Which May or May Not Include Suspect’s DNA, Fails to Satisfy ‘Particularity Requirement’ of Fourth Amendment by Douglas Ankney (p 34)
• Tenth Circuit: Prisoner Convicted of Covered Drug Offense but Sentenced to Mandatory Life Sentence Via Cross Reference for Murder Under Pre-Booker Guidelines Has Standing to Request First Step Act Sentence Reduction by Douglas Ankney (p 36)
• NYC: The First DNA Gun Crimes Unit in America by Harold Hempstead (p 37)
• Traditional Forensic Ballistics Comparisons Giving Way to Virtual 3D Methods by Casey Bastian (p 38)
• Sixth Circuit: Unarmed Bank Robber Who Ordered Tellers to Get on the Floor Not Subject to Enhancement for Physical Restraint by Matthew Clarke (p 38)
• The National Registry of Exonerations 2021 Annual Report: 161 Exonerations Comprising 1,849 Years of Wrongful Imprisonment by Casey Bastian (p 40)
• Mislabeling of Marijuana Products Is a National Problem by Kevin Bliss (p 42)
• Massachusetts Supreme Judicial Court Ends Practice of Juvenile Courts Granting Continuances for Sole Purpose of Extending Delinquent’s Period of Detention by Douglas Ankney (p 42)
• Review of Prior Research Identifies Three Main Sources of Bias in Jury Decision-Making Processes by Casey Bastian (p 43)
• Police Foundations: The Impossible Task of Separating the World of Policing From the World of Corporate Money by Casey Bastian (p 46)
• Charlotte Is Ground Zero for New FBI Asset Forfeiture Tip Line Program by Casey Bastian (p 49)
• People Convicted of Sex Crimes Remain Incarcerated 25 Years After Completing Their Prison Sentences by Douglas Ankney (p 49)
• Theft of Public Funds or Accounting Incompetence? Kansas Police Agencies Can’t Accurately Track Property Forfeitures by Jacob Barrett (p 50)
• News in Brief (p 50)
• Hundreds Convicted by Split Juries Will Have New Trials After Oregon Supreme Court Decision by Jo Ellen Nott
• DNA Databases Can Threaten the Privacy of Individuals Whose Profiles Are Stored in Them, Yet They Remain a Powerful Tool for Law Enforcement by Jo Ellen Nott
• Wrongful Conviction for First-Degree Murder Vacated 26 Years After Misconduct by Corrupt Chicago Detective Reynaldo Guevara Framed Him by Jo Ellen Nott
• Abusive Cop in Vallejo, California, Has Cost the Taxpayers More $500,000 in Settlements; Latest Brutality Victim Is a Marine Veteran and Stanford Grad by Jo Ellen Nott