More from this issue:

1. News in Brief
2. Killer’s Bold DNA-Based Defense to Get New Mexico Supreme Court Hearing, by Bill Barton
3. Study: Brazen Cops Posting Racist, Vitriolic Comments on the Internet, by Edward Lyon
4. Chicago PD Creating Files, Background Checks on Citizens Who Speak at Police Disciplinary Meetings, by Dale Chappell
5. Kentucky Supreme Court Rules Parole Board’s Revocation Procedures Are Unconstitutional, by Douglas Ankney
6. 7th Circuit Announces SORNA Requires Hybrid Approach in Comparing Underlying Conviction to Determine Tier Classification, by Anthony Accurso
7. Tenth Circuit Vacates Special Condition of Supervised Release That Gave Probation Officers Discretion to Ban Computer and Internet Usage, by Douglas Ankney
8. Arrest for Shouting ‘F—k You’ to Arkansas Trooper Violates First and Fourth Amendments Rights, Eighth Circuit Rules, by Michael Berk
9. Michigan Will Pay $1.5 Million to Longest Serving Exonerated Prisoner, by Bill Barton
10. MIX13 Reveals Potential Errors in DNA Testing, by Jayson Hawkins
11. Ninth Circuit Announces that District Court Cannot Sua Sponte Raise Waiver as Ground to Dismiss Motion for Sentence Reduction, by Douglas Ankney
12. First Circuit: Prosecutor Not Entitled to Absolute Immunity When Performing Purely Administrative Duty, by Anthony Accurso
13. New North Dakota Law Arrests Cops’ Ability to Seize Property, by Douglas Ankney
14. Black Drivers in Missouri 91 Percent More Likely to Be Stopped Than White Drivers, by Bill Barton
15. Maryland Court of Appeals: Sentence Imposed on Remand That Is of Equal Maximum Length as Former Sentence but With Longer Term Before Parole Eligibility Is ‘More Severe’, by Douglas Ankney
16. Delaware Supreme Court: Where Defendant Competent to Plead ‘Guilty but Mentally Ill,’ He May Revoke Plea Before It Is Accepted, by Anthony Accurso
17. First Circuit Rules Appeal Waiver Does Not Relieve Counsel of Duty to Consult About an Appeal, by Dale Chappell
18. Fifth Circuit Announces that Categorical Approach Applied to SORNA Doesn’t Permit Circustance-Specific Inquiry Into Offender/Victim Age Differential, by Douglas Ankney
19. Seventh Circuit Announces That More Than Psychological Coercion Required to Trigger § 2B3.1(b)(4)(B) Sentencing Enhancement, Disapproving Prior Holdings to the Contrary, by Douglas Ankney
20. New Hampshire Supreme Court: State’s Armed Career Criminal Statute Applies Only When Qualifying Convictions Arise From at Least 3 Separate Criminal Episodes, by Douglas Ankney
21. U.S. District Court Holds Residual Clause of Federal Three-Strikes Law Unconstitutional, by Dale Chappell
22. Genetic Testing Raises Privacy Concerns, by Bill Barton
23. Michigan Supreme Court: Reaching Out Door of Home to Retrieve ID Inadequate to Surrender Fourth Amendment Rights, by David Reutter
24. Tenth Circuit: No Absolute Immunity for Prosecutor Who Fabricated Evidence, by Douglas Ankney
25. The Power of Sheriffs: An Explainer, by Jessica Brand
26. Pitfalls of Using Risk Assessment Tools, by Jayson Hawkins
27. Eleventh Circuit Holds Time on Appeal Counts When Considering If Sentence Was Imposed Under Residual Clause, by Dale Chappell
28. Fourth Circuit Holds Appeal Waiver Does Not Preclude Retroactive ACCA Claim, by Anthony Accurso
29. Third Circuit Rules Lower Courts Abused Discretion When They Failed to Conduct Evidentiary Hearing on Brady Claim and on Conflict of Interest Claim, by Douglas Ankney
30. Whether State or Federal, Most Convictions Are Overwhelmingly Based on Guilty Pleas, by Edward Lyon
31. Minnesota Supreme Court: Even With a Warrant, Forced Anoscopy Is Unreasonable Search, by Douglas Ankney
32. 9th Circuit Finds IAC for Failure to Investigate Mitigating Factors During Penalty Phase of Capital Case, by Anthony Accurso
33. Oregon Supreme Court Announces State Constitution Prohibits Cops From Digging Through Residents’ Trash Without a Warrant, by Mark Wilson
34. SCOTUS Declares Portion of Federal Supervised Release Statute Unconstitutional, by Dale Chappell
35. Tracking Phones: Google as a Dragnet for the Police, by Bill Barton
36. Who Inflicts the Most Gun Violence in America? The U.S. Government and Its Police Forces, by John W. Whitehead
37. Partial Justice, by Christopher Zoukis

More from Douglas Ankney:

• Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024
• Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024
• Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024
• California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction, May 15, 2024
• Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds, May 15, 2024
• New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, May 15, 2024
• Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, May 15, 2024
• New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase, May 15, 2024
• Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen, May 15, 2024
• $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024

More from these topics:

• New York Prison System Found Liable for Failure to Protect Prisoner from Assault, Sept. 15, 2023. Failure to Protect (General), Immunity/Liability, Prison Brutality.
• SCOTUS Announces ‘Right-to-Control’ Theory Not Valid Basis for Liability Under Federal Wire Fraud Statutes, June 15, 2023. Immunity/Liability, Immediate Control, Affirmative Defenses.
• Armor Correctional Healthcare Denies Liability in Detainee’s Death From Missed Medication at Duval County Jail, June 7, 2023. Armor Correctional Health Services, Immunity/Liability, Medical Neglect/Malpractice.
• Sixth Circuit Won’t Hold Michigan County Liable After Mentally Ill Prisoner Impregnates Another, April 19, 2023. Immunity/Liability, Failure to Treat (Mental Illness), Failure to Protect (Staff).
• Eleventh Circuit: Prosecutor Denied Absolute Prosecutorial Immunity for Failure to Ensure Cancellation of Material Witness Warrant, Jan. 15, 2023. Prosecutorial Immunity, Arrest Warrants.
• Seventh Circuit Refuses to Hold Wexford Liable for Prisoner’s Pain from Medical Transports in “Black Box” Restraint, July 11, 2022. Wexford Health Services, Injury -- Misc., Transportation, Restraints, Immunity/Liability.
• Multi-Agency Task Forces Manipulate Jurisdiction to Avoid Liability, Jan. 15, 2021. Excessive Force, Immunity/Liability, Appeals/Appellate Jurisdiction, Jurisdiction - Manufactured.
• Prosecutors Who Demand Accountability From Everyone But Themselves, Jan. 15, 2021. Prosecutor/Attorney General Misconduct, Prosecutorial Immunity, Acceptance of Responsibility.
• New York Police Act With Impunity During Protests, Sept. 15, 2020. Police Misconduct, Protests, Immunity/Liability.
• State of New York 50 Percent Liable for Prisoner’s Injury Sustained from Table Saw, Feb. 4, 2020. Injury -- Misc., Immunity/Liability.