More from this issue:

1. Faulty Forensics and Wrongful Convictions, by Matthew Clarke
2. Seventh Circuit Affirms Vacatur of Death Sentence Based on Newly Discovered Evidence of Defendant’s Intellectual Disability, by Douglas Ankney
3. Machinery of Death: When the Government Acts as Judge, Jury and Executioner, by John W. Whitehead
4. Seventh Circuit: Indiana’s Sex Offender Registration Act’s ‘Other Jurisdiction Requirement’ Unconstitutional Violation of Right to Travel, by Douglas Ankney
5. Ohio Supreme Court: Retroactive Application of Sexually Violent Predator Law Violates Ex Post Facto Clause, by Dale Chappell
6. Alabama Supreme Court Announces Testimony About Cell-Site Location Data Is ‘Scientific’ Expert Testimony, Not Lay, Triggering Daubert Analysis, by Anthony Accurso
7. Maryland Court of Appeals: MTA’s Fare Sweep Constitutes Suspicionless Seizure in Violation of Fourth Amendment, by Douglas Ankney
8. North Carolina Supreme Court: Judge May Not Reject Informed Guilty Plea Because Defendant Refuses to Admit He’s Factually Guilty, by David Reutter
9. How the Criminal Justice System Fails People With Mental Illness, by Jordan Smith
10. Third Circuit: Brady Claims in Habeas Petitions Timely When Filed Within One Year of Date Reason to Believe Prosecutor Violated Duty To Disclose, by Douglas Ankney
11. Pennsylvania Supreme Court Announces Departure From SCOTUS’ Vehicle Exception to Warrant Requirement, Commonwealth’s Constitution Provides Greater Protections, by Anthony Accurso
12. California Court of Appeal: Lack of Notice of Filing Deadline Due Process Violation, Allowing Late Challenge to Erroneous Parole Designation, by Dale Chappell
13. Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim, by Douglas Ankney
14. Massachusetts Supreme Court Announces ‘Habitual Offender’ Statute Allows for Sentence of Probation Only, by Dale Chappell
15. Hawai’i Supreme Court Announces Clarification of When Self-Induced Intoxication Exception of HRS § 702-230 Applies, by Matthew Clarke
16. STAR Program Redirecting Mental Health Emergency Calls Away From Police a Success in Denver, by Kevin Bliss
17. Kentucky Supreme Court Announces Appellate Standard of Review for Domestic Abuse Exemption to Violent Offender Parole Eligibility, by Anthony Accurso
18. Fifth Circuit: Evidence of Simple Drug Possession Insufficient to Search Cellphone Photos for Evidence of Drug Trafficking, by Anthony Accurso
19. California Supreme Court Announces SB 1437 Bars Second-Degree Murder Based on Natural and Probable Consequences Doctrine, by Douglas Ankney
20. New Drone Tech Being Deployed by Police, by Anthony Accurso
21. Pennsylvania Supreme Court: Officer Testified as Expert on Child Sexual Abuse Without First Being Qualified and 42 Pa.C.S. § 5920 Overruled Dunkle, by Douglas Ankney
22. "Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel", by Douglas Ankney
23. D.C. Circuit: Differing Counsel Effectiveness Findings Create Possible Injustice in Wired Plea Offer, by David Reutter
24. Second Circuit: Jury Instructions Regarding Defendant’s Motive to Testify Falsely Improper, by Anthony Accurso
25. California Court of Appeal Overturns Child Sex Abuse Convictions Based on Prosecution’s Violation of Brady Obligations by Withholding Witness Impeachment Evidence, by Matthew Clarke
26. Fourth Circuit: Conditions of Release Banning Internet Access and Legal Pornography Overbroad and Not Reasonably Related, by Douglas Ankney
27. Kentucky Supreme Court Reverses Murder Convictions Due to ‘Flagrant Prosecutorial Misconduct’ in Misleading Jury, by Matthew Clarke
28. Capitol Police Department Repeatedly Sued Over Racial Discrimination, by Casey Bastian
29. Hundreds Serving Life Due to Less Than Unanimous Jury Verdicts, by Edward Lyon
30. Nevada Supreme Court Reverses Conviction for Murdering Sixth Wife Due to Improper Prior Bad-Act Evidence Regarding Murder of Second Wife, by Matthew Clarke
31. Washington Supreme Court Announces Misconduct of Petitioner’s Own Counsel Can Be Basis for Equitable Tolling in Habeas Proceeding, by Douglas Ankney
32. Hidden Sentences, by Jayson Hawkins
33. Law Degree for South Carolina Magistrates Optional, by Michael Fortino, Ph.D
34. Policing Prostitution in New York, by Jayson Hawkins
35. Tech Company Enables Total Surveillance, by Jayson Hawkins
36. Image of Men Urinating on Grave Protected by First Amendment, by Michael Fortino, Ph.D
37. Shifting View of Criminal Justice in U.S., by Jayson Hawkins
38. Philadelphia Man Exonerated After Police Cover-Up Exposed, by Casey Bastian
39. New Jersey Man Wrongly Arrested Due to Flawed Face Recognition Match, by Anthony Accurso
40. Man Serving 505-Year Sentence Granted Compassionate Release Due to COVID-19
41. Police Robo Stalkers in a Location Near You, by Douglas Ankney
42. News in Brief

More from David Reutter:

• Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
• ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
• First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
• Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
• The Murky Waters of Parole, Feb. 1, 2025
• California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
• Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
• Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
• In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
• Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024

More from these topics:

• 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.
• Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024. Parental rights, Counsel - Effective Assistance of, Strickland Standard, Failure to Preserve Challenge, Failure to Consult/Investigate/Raise, Battered Child/Spouse Evidence, Character/Reputation/Propensity, Bad Acts Evidence.
• Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence, Jan. 15, 2024. AEDPA, Effective Assistance of Counsel, Counsel - Effective Assistance of, Strickland Standard, Identification Documents/Evidence, Failure to Consult/Investigate/Raise, Trial Strategy, Strickland v. Washington.
• U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, Jan. 15, 2024. AEDPA, Procedural Default/Error, Proving Cause, Capital Cases, Procedural Error, Effective Assistance of Counsel, Counsel - Right to, Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness, Right to Counsel.
• The Sixth Amendment Right to Assistance of Legal Counsel: An Examination of Federal Justice System Outcomes, Nov. 15, 2022. Sixth Amendment, Counsel - Effective Assistance of.
• Colorado Supreme Court Announces Courts Not Required to Address All 11 Brown Factors in Ruling on Defendant’s Motion for Continuance to Change Counsel, Aug. 15, 2022. Appointment of Counsel, Ends of Justice Continuances, Counsel - Effective Assistance of.
• Texas Court of Criminal Appeals Clarifies Prejudice Standard for IAC Based on Faulty Probation Eligibility Advice Is an Effect on Defendant’s Decision Making, Not Different Outcome, July 15, 2022. Counsel - Effective Assistance of, Probation, Parole & Supervised Release.
• Pennsylvania Supreme Court Announces New Framework for Enforcing Right to Effective Counsel in Post-Conviction Relief Act Proceeding, Feb. 15, 2022. Counsel - Effective Assistance of.
• Missouri Supreme Court: IAC Where Guilty Plea Based on Counsel’s Assurance Defendant Eligible for Drug Treatment Program When, as Matter of Law, Ineligible, Nov. 15, 2021. Counsel - Effective Assistance of, Drug Testing/Treatment Programs.
• Washington Supreme Court Announces Misconduct of Petitioner’s Own Counsel Can Be Basis for Equitable Tolling in Habeas Proceeding, March 15, 2021. Attorney Misconduct, Counsel - Effective Assistance of, Tolling of Statutes of Limitations and Laches.