More from this issue:

1. Absurd, Abusive, and Outrageous: The Creation of Crime and Criminals in America, by Christopher Zoukis
2. Study’s Data Show Racial Disparity in Plea Bargaining Outcomes, by Derek Gilna
3. Missouri Supreme Court Holds Probation Revocation for Nonpayment of Court Costs Unconstitutional, by Mark Wilson
4. Evidence Scandal Leads to the Dismissal of over 140 Texas Criminal Cases, by Matthew Clarke
5. Fourth Circuit Holds Supervised Release Revocation Sentence Unreasonable, by Christopher Zoukis
6. Urban Institute Releases Report Detailing the Effects of Criminal Background Checks on Employment, by Derek Gilna
7. California SVP Determination Based on Hearsay Evidence Reversed, by Mark Wilson
8. Alford Pleas: Prosecutors’ Choice for the Wrongfully Convicted, by David Reutter
9. Eighth Circuit: Warrantless Seizure of Handgun Not Permitted under Plain View Doctrine, by Mark Wilson
10. News in Brief
11. Oregon Supreme Court Rules No Vindictiveness in Resentencing Where Longer Term for Specific Conviction but Overall Multi-Conviction Sentence Shorter, by Mark Wilson
12. Seventh Circuit: Violent Cop’s Below-Guideline Sentence Not Justified, Again, by Mark Wilson
13. Unloaded Firearm in Zipped Case Is Not “Deadly Weapon” under Oregon’s First-Degree Burglary Statute, by Mark Wilson
14. D.C. Court of Appeals Rules Warrantless Use of Stingray Device Constitutes Unlawful Search and Reverses Defendant’s Convictions, by Richard Resch
15. Eleventh Circuit Holds Defendants Voluntarily Consented to Search in Police Ruse to Search Home Purportedly to Investigate Burglary, by David Reutter
16. Pennsylvania Supreme Court Rules State Sex Offender Registration Law Violates Ex Post Facto Clause, by David Reutter
17. Georgia Supreme Court Rules Flipping the Bird Is Not Disorderly Conduct, by Christopher Zoukis
18. New Study: “Broken Windows” Policing May Not Be as Effective as Thought, by Christopher Zoukis
19. California Felonizes Some Prosecutorial Misconduct, by Matthew Clarke
20. Ninth Circuit Concludes Mandatory Supervision Akin to Parole for Fourth Amendment Analysis, by Mark Wilson
21. Proof of Law Enforcement Duty Is Primary Job to Establish Peace Officer Status, by David Reutter
22. Oregon Enacts Law Requiring Grand Jury Testimony to Be Recorded—Finally!, by Mark Wilson
23. Georgia Supreme Court Tosses DUI Conviction Based on Officer’s Testimony of Impairment, by Christopher Zoukis
24. Third Circuit Holds Habeas Petitioner’s Claim Based on Prosecutor Knowingly Using Perjured Testimony Not Subject to Brecht “Actual Prejudice” Standard, by Richard Resch
25. Nevada Supreme Court: Mistrial Due to Egregious and Improper Conduct by Prosecutor Bars Retrial, by Christopher Zoukis
26. Several States Bar Landlords from Automatically Denying Housing to Felons
27. Habeas Hints: SCOTUS Review 2016–17, by Tara Hoveland, Kent Russell
28. Fourth Circuit Holds North Carolina Sex Offender Restrictions Unconstitutional, by Matthew Clarke
29. Colorado Supreme Court Rules That Criminal Trespass Is a Lesser Included Offense of Burglary, by Christopher Zoukis
30. Colorado Supreme Court Rules That Unlawful Sexual Contact Is a Lesser Included Offense of Sexual Assault, by Christopher Zoukis
31. Kentucky Court Rules Death Penalty Statute Applied to Defendant under 21 Years Old Unconstitutional, by Mark Wilson

More from Richard Resch:

• From the Editor, Dec. 15, 2024
• New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense, June 15, 2024
• SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024
• Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, March 15, 2024
• New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, March 15, 2024
• First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, Jan. 15, 2024
• 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, Dec. 15, 2023
• Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023
• Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, Nov. 1, 2023
• New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework, Oct. 1, 2023

More from these topics:

• 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, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
• Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
• California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
• 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’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
• Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.
• Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, Dec. 1, 2024. Informants, Habeas Corpus, Informants and Paid Witnesses, False Testimony.
• Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup, Nov. 15, 2024. Failure to Treat, Conditions of Confinement, Hygiene Supplies, Disclosure of Records, Habeas Corpus.
• Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, Nov. 1, 2024. Habeas Corpus, Custodial Interrogations/Statements, Counsel - Right to.
• Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, Oct. 1, 2024. Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder.
• Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.