More from this issue:

1. Civil Asset Forfeiture: Unfair, Unjust, Un-American, by Christopher Zoukis
2. News in Brief
3. Driver’s License Required for Conviction as Florida Habitual Traffic Offender, by David Reutter
4. DNA Sketches Answer Prayers, Raise Concerns, by Dale Chappell
5. Research Needed: Do Drug Dogs Respond to Drugs or Handler?, by Christopher Zoukis
6. Questioning the Use of DNA Testing Software in Criminal Prosecution, by Christopher Zoukis
7. Maine Supreme Court: State Must Provide Evidence to Support Probation Revocation, by Dale Chappell
8. Texas Court of Criminal Appeals: Right to Appeal Judge’s Questioning Not Forfeited by Failure to Object, by Dale Chappell
9. Washington Court of Appeals Reverses Murder Conviction Due to Prejudicial PowerPoint, by Richard Resch
10. Louisiana Indigent Defendants Face Death Penalty Without Lawyers, by Christopher Zoukis
11. Two-Party Consent Law Forces Dismissal of 61 Cases in Washington Sting
12. Georgia Supreme Court Reverses Mutually Exclusive Guilty Verdicts, by Christopher Zoukis
13. Few Indigent Defendants Have Lawyer at Arraignment, by Mark Wilson
14. Ohio Supreme Court: Courts Can Seal Case Records Prior to Expiration of Statute of Limitations, by Dale Chappell
15. Massachusetts Supreme Court: Sleeping Juror Is “Structural Error,” Requires Intervention, by Dale Chappell
16. CA Court Rejects Inventory Search and Inevitable Discovery Arguments in Warrantless Search Case, by Richard Resch
17. California Court of Appeal: Prior Felony Does Not Convert “Wobbler” Into Felony, by Dale Chappell
18. Idaho Supreme Court: Suspicionless Fishing Expeditions Not Tolerated, by David Reutter
19. Georgia Supreme Court Instructs Federal Courts on Its Habeas Review Process, by Richard Resch
20. Houston Police End Use of Error-Prone Drug Field Tests, by Matthew Clarke
21. After 21-Year Imprisonment, Wrongfully Convicted Nevada Man Pardoned, by Christopher Zoukis
22. First Circuit: Plain Error Standard Met When Trial Court Emphasized Erroneous Jury Instruction, by Dale Chappell
23. New York Court of Appeals: Bail Bondsmen May Not Keep Premium If Defendant Not Released
24. Use of Sentencing Mitigation Videos Grows, by Derek Gilna
25. DNA Evidence: New Jersey Court Vacates Two 1996 Murder Convictions, by Mark Wilson
26. Curb False Confessions: Provide Suspects With Lawyers, by Derek Gilna
27. Fifth Circuit: “Fugitive from Justice” Enhancement Requires Intent to Avoid Prosecution, by Dale Chappell
28. Mississippi Capital Murder Conviction Reversed Due to Prosecutorial Misconduct, by Christopher Zoukis
29. Court of Criminal Appeals of Texas: Holds Trial Objection Enough to Preserve Issue for Appeal, by Dale Chappell
30. $2 Million to Disabled Syracuse Man Tased by Cops, by Dale Chappell
31. Hawaii Supreme Court: Defendants Entitled to Hearing Within 2 Days, by Dale Chappell
32. Seventh Circuit: Capital Case Defendant Denied Pro Se Right Granted Habeas Relief, by Christopher Zoukis
33. Jury Nullification: A Crucial Check on Government Power, by Christopher Zoukis
34. U.S. Murder Clearance Rates Among Lowest in the World, by Matthew Clarke
35. California Legalization of Marijuana Allows Convicted to Petition, by Derek Gilna
36. Second Circuit Vacates 60-Month Sentence in Model Guidelines Sentencing Decision
37. California Court of Appeal: Prejudice “Presumed” Where Jury Discussed Defendant’s Decision Not to Testify, by Dale Chappell
38. Massachusetts Supreme Court: Permanent Ban on Sealing Record of Sex Offender Unconstitutional, by Dale Chappell
39. Rhode Island Supreme Court Rules “Backseat Driver” Is a Real Thing Under Criminal Statutes, by Christopher Zoukis
40. Iowa Supreme Court: Search of Third-Party at Premises Subject to Warrant Violates State Constitution, by Richard Resch
41. Survival Tip: Don’t Call Cops If You’re Disabled, by Dale Chappell
42. San Francisco and San Diego Expunging Marijuana Convictions Under Prop 64
43. Ninth Circuit: Government Cannot Seize Cash Based Solely on Money’s Intended Use, by Christopher Zoukis
44. Unjust Sexual Offense Laws: Insanity and Hope, by Brenda Jones, Ken Abraham
45. Oregon Appeals Court: Defense Counsel Constitutionally Inadequate in Sexual Abuse Case, by Mark Wilson
46. Ninth Circuit Warns Prosecutors Against Interfering With Defendants’ Legal Representation; Reverses First-Degree Murder Convictions, by Richard Resch
47. $5.5 Million Verdict Against LAPD for Taser Death of Former Marine, by Derek Gilna
48. Overworked Missouri Public Defenders Fear Suspensions and Firing, by Mark Wilson
49. Prosecutor’s “Animosity” Toward Defense Leads Oregon Appeals Court to Vacate Convictions, by Mark Wilson
50. $9.5M Settlement Approved by Chicago City Council for Yet Another Excessive Force Case, by Derek Gilna

More from these topics:

• Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
• The Murky Waters of Parole, Feb. 1, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release.
• Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires, Jan. 15, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Resentencing, Revocation Proceedings, Overreaching.
• After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, Jan. 15, 2025. U.S. Sentencing Guidelines, Conspiracies, Attempts, Solicitations, Attempts/Incomplete Acts, Credits, Sentences - Adjustments and Departures.
• Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation, Dec. 15, 2024. U.S. Sentencing Guidelines, Revocation Proceedings.
• California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment, Dec. 15, 2024. Retroactivity, U.S. Sentencing Guidelines.
• First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo, Dec. 15, 2024. U.S. Sentencing Guidelines, Grounds for Variance, 18 U.S.C. § 3582(c)(2), Plea Agreements/Guilty Pleas, Grounds.
• Fifth Circuit Judges Battle in Louisiana Over-Detention Cases, Dec. 15, 2024. U.S. Sentencing Guidelines, Overdetention, Credits.
• California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing, Dec. 1, 2024. U.S. Sentencing Guidelines, Resentencing, Sentence Enhancements/Departures.
• Third Circuit: Despite ‘Expressly and Repeatedly’ Requesting Low-End Sentence, Government Breached Plea Agreement by Emphasizing ‘Heinous’ Nature of Offense and Presenting Victim-Impact Evidence at Sentencing Thereby Undermining Recommendation, Dec. 1, 2024. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Reduction of Sentence, Proffer Agreements/Statements/Sessions.