More from this issue:

1. SCOTUS ‘Shadow Docket’ Secretly Pushes Agendas, Issues Major Rulings Without Argument or Public Knowledge, by Dale Chappell
2. The Junk Science Cops Use to Decide You’re Lying, by Jordan Smith
3. From the Editors
4. California Court of Appeal Grants Habeas Relief Over Failure to Instruct Jury on ‘Heat of Passion’, by Dale Chappell
5. Attacking the Guilty Plea: The Art of Withdrawing a Guilty Plea, by Dale Chappell
6. Fourth Circuit: Releasee Under First Step Act Can’t ‘Bank’ Extra Time Spent in Prison Toward Future Supervised Release Violation, by Dale Chappell
7. New Hampshire Supreme Court Announces Defendant Not Required to Identify Evidentiary Support for Noticed Defense, by Douglas Ankney
8. Sixth Circuit Reverses District Court’s Grant of Summary Judgment to Defendants in § 1983 Suit Against City and Police Officers, by Douglas Ankney
9. Ninth Circuit Clarifies Use of Rule 60(b) for Changes in Law, by Dale Chappell
10. Nebraska Supreme Court Announces Remand for New Sentencing Hearing Appropriate Remedy for Enhanced Vehicular Homicide Sentence Without Evidence of Prior Convictions, by Douglas Ankney
11. Study Exposes Public Defender Plea Negotiation Practices and Suggests New Negotiation Theory, by David Reutter
12. Colorado Supreme Court Announces New Rules for Awarding Presentencing Credit, by Anthony Accurso
13. Government Agencies Expand Use of Private Companies to Bypass Constitution, by Casey Bastian
14. California Supreme Court Announces New Time Limit for Habeas ‘Appeal’ Stages, Clarifying Tolling for Federal Habeas Petitioners, by Dale Chappell
15. Defense Officials: Law Enforcement in Military Garb not Appropriate, by Casey Bastian
16. South Carolina Supreme Court: Failure to Give Logan Instruction Not Harmless Error Where Evidence Almost Entirely Circumstantial, by Douglas Ankney
17. Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders, by Dale Chappell
18. Colorado Supreme Court: Prosecution Prohibited From Arguing Defendant’s Failure to Retreat Showed Lack of Fear, Undermining Claim of Self-Defense, by Douglas Ankney
19. Seventh Circuit: District Court Abused Discretion by Denying Relief Without First Considering Recalculations Under First Step Act, by Douglas Ankney
20. California Supreme Court Vacates LWOP Sentence After Its Recent Cases Clarifying ‘Special Circumstance’ Murder, by Dale Chappell
21. Arizona Supreme Court Announces Cumulative Error Framework for Reviewing Multiple Instances of Prosecutorial Misconduct, by Douglas Ankney
22. Indiana Supreme Court: Must Be Immediate Causal Connection Between Confrontation and Other Crime by Defendant to Negate Self-Defense, by Douglas Ankney
23. Seventh Circuit: Sentences for ‘Non-Covered’ Offenses Can Also Be Reduced Under First Step Act, by Dale Chappell
24. Ninth Circuit: Police Violate Fourth Amendment Executing Administrative Warrant Where Primary Purpose Is Gathering Evidence for Criminal Investigation, by Douglas Ankney
25. Interactions Between Diabetics and Law Enforcement Can Become Life-Threatening, by Casey Bastian
26. Fourth Circuit Grants ‘SOS’ § 2254 Petition Attacking Three-Decade-Old Murder Conviction Based on New Evidence, by Dale Chappell
27. Washington Federal Court: Looking at Lock Phone Screen Requires Warrant, by Anthony Accurso
28. North Carolina Supreme Court: Defendant Can’t Be Convicted of Both Habitual Misdemeanor Assault and Felony Assault for Same Act, by Douglas Ankney
29. Michigan Supreme Court: Probation Compliance Check During Unlawfully Extended Probation Was Unauthorized Warrantless Search, by Matthew Clarke
30. Medical Experts Publish Guidelines on SUDC, by Douglas Ankney
31. Successful Alternatives to Armed Police Response, by Edward Lyon
32. Tenth Circuit: District Court Plainly Erred in Giving Erroneous Constructive Possession of Firearm Instruction, Conviction Reversed, by Douglas Ankney
33. Second Circuit: District Court’s Failure to Offer Explanation for Its Sentence Constitutes Plain Error, by Douglas Ankney
34. SCOTUS Goes Live on Camera, by Jayson Hawkins
35. Maryland Court of Appeals Announces Reasonableness Standard in Providing Advice of Rights to Non-English Speaking Drivers, by David Reutter
36. Seventh Circuit: Rehaif Creates Defense and Invalidates Defendant’s Guilty Plea, by David Reutter
37. Chicago’s Police Torture Reparations, by Jayson Hawkins
38. New Jersey Supreme Court: Juror Excused After Partial Verdict Requires Mistrial on Remaining Counts, by Dale Chappell
39. Policing and Racial Bias, by Kevin Bliss
40. How COVID-19 Forces New Releasees Into ‘Survival Mode’, by Dale Chappell
41. From Detroit: How Not to Use Facial Recognition in Policing, by Anthony Accurso
42. New Colorado Law Kills Qualified Immunity for Cops, by Dale Chappell
43. Minnesota Cops Use Contact Tracing to Track Protestor Networks, by Anthony Accurso
44. When Police Caught Lying, the Spin Begins, by Edward Lyon
45. Minneapolis: Use of Force Against Blacks 7 Times Higher Than That for Whites, by Kevin Bliss
46. Risk Assessment Tools Perpetuate Inherent Biases and Prejudices, by Kevin Bliss
47. New York Police Act With Impunity During Protests, by Kevin Bliss
48. New ‘Barcode’ System Puts DNA Sample to the Authenticity Test, by Anthony Accurso
49. Police Violence and the 14th Amendment, by Jayson Hawkins
50. Police Unions Buy Their Way Out of Reform, by Kevin Bliss
51. News in Brief
52. Protecting Your Phone at Protests, by Douglas Ankney

More from Dale Chappell:

• Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
• Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
• Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
• Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
• The Death of the Savings Clause, May 15, 2024
• Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
• Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
• Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
• Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
• Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023

More from these topics:

• ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025. Databases, Disclosure of Records, Public Records Act, Federal Rules of Criminal Procedure, Plea Agreements/Guilty Pleas.
• 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.
• Guard Pleads Guilty to Using Excessive Force at Indiana Jail Sued Nine Times in Two Years, Jan. 15, 2025. Guard Misconduct, Guard Brutality/Beatings, Plea Agreements/Guilty Pleas.
• Kansas Supreme Court Announces Defendant-Witness Retains Fifth Amendment Privilege Against Compelled Self-Incrimination After Guilty Plea and Sentencing as Long as Testimony Sought Presents Legitimate Risk of Incrimination, Dec. 15, 2024. Self Incrimination, Self-Incrimination Clause, Plea Agreements/Guilty Pleas.
• 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.
• Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction, Dec. 15, 2024. Double jeopardy, Breach of Plea/Coop./Immunity Agreements, Dismissal, Plea Agreements/Guilty Pleas.
• Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defendant About Mandatory Sentences If Plea Offer Rejected, Dec. 15, 2024. Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Mandatory Minimum Sentence, Plea Agreements/Guilty Pleas, Rejection.
• Plea Deal Falls Apart for Accused 9/11 Masterminds, Dec. 15, 2024. Guard Brutality/Beatings, CIA, Guards/Staff, Torture, Plea Agreements/Guilty Pleas.
• Missouri Prisoner Executed After Making—and Losing—New Plea Deal, Oct. 15, 2024. Death Penalty/Death Row, Plea Agreements/Guilty Pleas.
• Virginia Supreme Court Announces Parties Are Free to Renegotiate Plea Agreement Not Already Accepted by Trial Court, Which May Not Enforce Original Plea Against Parties’ Wishes, Oct. 1, 2024. Awareness of Consequences, Plea Agreements/Guilty Pleas, Rejection, Validity of.