More from this issue:

1. Speed Trap Gold Mine, by Jayson Hawkins
2. Indirect DNA Transfer Can Result in Miscarriages of Justice, by David Reutter
3. Manhattan DA Launches Conviction Review Unit, by Jayson Hawkins
4. New Jersey Supreme Court Announces Framework for Determining Constitutionality of Warrantless Protective Sweep of Home Where Arrest Is Made Outside the Home, by Douglas Ankney
5. SCOTUS Holds AEDPA’s Restrictions on Habeas Relief Trump Federal Courts’ Authority Under All Writs Act, by Dale Chappell
6. FBI Gets New Mass Surveillance Tool, by Jayson Hawkins
7. Federal Habeas Corpus: Taking an Appeal After the Denial of Habeas Relief, by Dale Chappell
8. First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Offense Insufficient, by Richard Resch
9. How Many Federal Crimes Are There?, by Casey Bastian
10. Vaccine Passports Raise Privacy Issues and Create a Class of Undesirables, by David Reutter
11. First Circuit: Procedurally Unreasonable for District Court to Base Upward Variance on Defendant’s Prior Arrests, by Douglas Ankney
12. SCOTUS Holds Attempted Hobbs Act Robbery Not a ‘Crime of Violence’ Under a § 924(c)(3)(A), by Dale Chappell
13. Outdated Wiretap Law Gives Feds Easy Access to Metadata, by Anthony Accurso
14. Law Enforcement Refuse to Admit Most Forensic Science Is Junk Science, by Casey Bastian
15. California Court of Appeal: Exclusion of Expert Witness at SVP Trial as Remedy for Discovery Violation Constitutes Denial of Constitutional Due Process, by David Reutter
16. California Court of Appeal: Assembly Bill 124 Applies Retroactively and Includes Psychological Trauma Based Upon Mental Illness as Mitigating Factor Under § 1170(b)(6), by Harold Hempstead
17. Sixth Circuit Announces Full, Unconditional Pardon, Regardless of Issue of Innocence, Meets Heck Requirement of Invalidated Conviction; § 1983 Claims May Be Pursued, by Harold Hempstead
18. FBI Forces Suspect to Unlock Messaging App Using FaceID, by Anthony Accurso
19. Colorado Supreme Court Announces Courts Not Required to Address All 11 Brown Factors in Ruling on Defendant’s Motion for Continuance to Change Counsel, by Harold Hempstead
20. California Court of Appeal: New Law Requiring Bifurcated Trial on Gang Enhancements Applies Retroactively, by David Reutter
21. New Jersey Supreme Court Announces ‘Non-Transparent’ for Purposes of Tinted Window Violation Justifying Traffic Stop Means Front Windows Dark Enough That Police Can’t Clearly See People or Items Inside Vehicle, by Anthony Accurso
22. SCOTUS Announces Judge’s Error of Law Constitutes ‘Mistake’ for Purposes of Reopening a Case Under Federal Rule of Civil Procedure 60(b)(1), by Dale Chappell
23. Sixth Circuit: Government Cannot Withdraw Consent to Lesser Included Charge After Defendant Pleaded Guilty but Court Reject Plea Agreement, by David Reutter
24. New Jersey Supreme Court: Defendant Did Not Voluntarily Waive Privilege Against Self-Incrimination Because Police Persistently Contradicted and Undermined Significance of Miranda During Interrogation, by Richard Resch
25. Connecticut Supreme Court Announces Trial Courts, Prospectively, Must Canvass Defendants Who Seek to Waive Right to Testify to Ensure Waiver Is Made Knowingly, Intelligently, and Voluntarily, by Anthony Accurso
26. Missouri Supreme Court: Defendant Entitled to ‘Castle Doctrine’ Jury Instruction Even Though Assailant Not Unlawfully in Vehicle at Very Moment of Use of Deadly Force, by Harold Hempstead
27. Minnesota Supreme Court Announces Expanding Scope of Traffic Stop to Investigate Occupant’s Pretrial Release Conditions Violates Minnesota Constitution, by Douglas Ankney
28. Sixth Circuit Reverses Denial of First Step Act Relief Because Sentence Imposed Is Substantively Unreasonable, by Douglas Ankney
29. San Francisco DA’s Inaugural Innocence Commission Frees Its First Victim of Wrongful Conviction, by Keith Sanders
30. Inextricably Intertwined: The Practice of Negotiated Pleas and the Rise of Mass Incarceration in America, by Casey Bastian
31. News in Brief
32. Use of Death Penalty Continues to Decline in the U.S., by Douglas Ankney
33. $670,000 Awarded to Use Virtual Reality to Evaluate Eyewitness Accuracy, by Jacob Barrett

More from Douglas Ankney:

• California Court of Appeal Announces Crime Defendant ‘Was Convicted’ of, Not Crime ‘Could Have Been Convicted’ of Today, Governs Eligibility for Removal From Sex Offender Registry, Oct. 1, 2024
• Federal Judges Closing Loophole That Permits Government to Conduct Warrantless Searches of Cellphones at Border, Oct. 1, 2024
• Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken, Oct. 1, 2024
• New Research Method Leads to Better Touch DNA Recovery and Development of Genetic Profiles, Oct. 1, 2024
• First Circuit Affirms Qualified Immunity for Massachusetts Officials Who Held Prisoner in Solitary for Two Years Without Hearing, Sept. 15, 2024
• Former Warden Added to Suit Over Brutal Killing of Disabled Virginia Prisoner, Sept. 15, 2024
• Alabama Court of Criminal Appeals Grants Credit to Prisoner’s LWOP Sentence, Sept. 15, 2024
• Regional Jail in Kentucky Settles DOJ Complaint, Agrees to Provide Treatment for Opioid Use Disorder, Sept. 15, 2024
• Nevada Supreme Court Holds That Violating Jail Phone Policy Does Not Waive Attorney-Client Privilege, Sept. 15, 2024
• Former D.C. Guard Gets 42-Month Sentence for Assaulting Handcuffed Prisoner, Sept. 15, 2024

More from these topics:

• Third Circuit District Court Erred by Failing to Consider Mitigating Evidence Under § 3553(a) Because It Mistakenly Believed Such Grounds Already Taken Into Consideration Based on Safety-Valve, Minor Role, and Acceptance of Responsibility Departures in, Oct. 1, 2024. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Sentences - Adjustments and Departures, Disclosure Obligations.
• Florida Prisoner Whose Case Ended LWOP for Juveniles Released, Sept. 15, 2024. U.S. Sentencing Guidelines, Juvenile Offenses/Offenders, Sentences - Length/Severity of.
• California Supreme Court Refuses Challenge to LWOP Sentence Imposed for Crime Committed After Age 18, Sept. 15, 2024. U.S. Sentencing Guidelines, Life without Parole (LWOP), Constitutional Challenges/Law.
• First Circuit Holds Government Breached Plea Agreement With Defendant by Failing to Explain Why It Agreed to Substantial Downward-Variant Sentence, Sept. 1, 2024. U.S. Sentencing Guidelines, Sentencing Goals/Purposes/Practices, Plea Agreements/Guilty Pleas.
• Intellectually Disabled Georgia Prisoner Executed After SCOTUS Denies Appeal, Aug. 15, 2024. Disabled Prisoners, Death Penalty, Appeals/Appellate Jurisdiction.
• Condemned Alabama Prisoner Challenges Execution by Nitrogen Hypoxia, Aug. 15, 2024. Death Penalty, Constitutional Challenges/Law, Lethal Injection Method of Execution.
• First Circuit: District Court’s One-Sentence Explanation for 10-Year Upward Departure From Sentencing Guidelines Range Insufficient to Justify Significant Variance, Aug. 1, 2024. U.S. Sentencing Guidelines, Sentences - Adjustments and Departures.
• SCOTUS: Jury, Not Judge, Must Determine Whether Defendant’s Prior Offenses Were Committed on ‘Occasions Different From One Another’ for Enhanced Sentence Under Armed Career Criminal Act, Aug. 1, 2024. U.S. Sentencing Guidelines, Career Offenders, De Facto Career Offender, Guns - Type of.
• First Circuit: Sentencing May Not Be Based Upon Unreliable Hearsay Testimony, Aug. 1, 2024. U.S. Sentencing Guidelines, Unreliable and Unsubstantiated Assertions, Hearsay Evidence.
• Tenth Circuit Announces Assault Conviction Under 18 U.S.C. § 113(a)(6) Not a Qualifying Predicate ‘Crime of Violence’ for Purposes of USSG § 2K2.1(a)(3), July 15, 2024. U.S. Sentencing Guidelines, Physical Force, Use of, Predicate Acts/Offenses.