More from this issue:

1. Acquitted Conduct Sentencing, by Douglas Ankney
2. Mental Health Response Teams Proved Effective in New York City, by Casey Bastian
3. ‘Planning for Losing’: A Lesson on Justice Reform from Afghanistan, by Marc Levin
4. Texas Court of Criminal Appeals: Defendant Satisfied Requirements of Confession and Avoidance, ‘Unintentional Self-Defense’ Jury Instruction Allowed Against Charge of Intentional Offense, by Douglas Ankney
5. Fourth Circuit: State’s Failure to Plead Procedural Default Results in De Novo Review on Merits; Prosecutor’s Comments to Jury to Send ‘Societal Message’ Denied Defendant Fair Trial, Habeas Relief Warranted, by Dale Chappell
6. Mental Illness and False Confessions: A Wakeup Call to Investigators, by Joseph Buckley
7. Georgia Supreme Court Declares ‘Relevance’ Not Legal Standard for Suppression Determination Where Items Seized Outside Scope of Warrant, Clarifies Plain View Doctrine Proper Standard, and Overrules McBee, Walsh Line of Cases, by Anthony Accurso
8. Michigan Supreme Court Announces 2011 SORA May Not Be Retroactively Applied to Registrants Whose Offenses Predated Its Enactment Because Doing So Violates Prohibition on Ex Post Facto Laws, by Douglas Ankney
9. California Now Able to Decertify Bad Cops, by Edward Lyon
10. Texas Court of Criminal Appeals: Although Subsequent Indictment Recites Same Language as Original Indictment, SOL Isn’t Tolled Where Subsequent Indictment Fails to Charge Same Conduct, Act, or Transaction, by Douglas Ankney
11. Texas Court of Criminal Appeals: Trial Court Abused Discretion by Refusing to Allow Withdrawal of Jury-Trial Waiver for Defendant Who Ultimately Rejected Plea Deal, by David Reutter
12. Idaho Supreme Court Rejects ‘Instinctive Entry Rule’ as Not Implicating Fourth Amendment Where Drug-Sniffing Dog Breaches Interior of Vehicle During Exterior Search and Suppresses Evidence, by Douglas Ankney
13. SCOTUS Announces Pursuit of a Misdemeanant Does Not Categorically Constitute an Exigent Circumstance Authorizing a Warrantless Home Entry, by Douglas Ankney
14. Pennsylvania Supreme Court Announces New Framework for Enforcing Right to Effective Counsel in Post-Conviction Relief Act Proceeding, by Douglas Ankney
15. Connecticut Supreme Court Overrules Aquino, Holding Appeal Not Moot Where Defendant Deported During Pendency but Unclear Whether Appealed Conviction Sole Basis for Deportation, by Douglas Ankney
16. Nevada Supreme Court: Prisoner’s Claim He Is Now Actually Innocent of Death Penalty Sufficient to Overcome Proce-dural Bars to Habeas Relief, by Douglas Ankney
17. California Court of Appeal: Peremptory Challenge to Judge in Habeas Case Subject to 10-Day Filing Period, Not 60 Days, Under § 170.6(a)(1), by Dale Chappell
18. SCOTUS: Rehaif Error Doesn’t Automatically Require Reversal of Conviction, Plain-Error Test Must Be Satisfied for Re-lief, by Dale Chappell
19. Oregon Supreme Court Announces Abandonment of Per Se Exigency Rule in Automobile Exception and Holds Warrantless Seizure or Search Must Be Based on Actual Exigent Circumstances, by Jacob Barrett
20. Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis, by Douglas Ankney
21. Massachusetts Supreme Judicial Court Announces Bodycam Video Subsequently Reviewed in Unrelated Investigation Constitutes Unconstitutional Warrantless Search, by Anthony Accurso
22. Concealed Videos Expose Pattern of Abuse by Louisiana State Police, by Jayson Hawkins
23. Vermont Supreme Court Announces Proper Legal Standard for Warrantless Search of Home’s Curtilage, by Anthony Accurso
24. Eighth Circuit: Inadmissible Hearsay Improperly Used to Revoke Supervised Release, by Matthew Clarke
25. Facial Recognition Run-Down, by Anthony Accurso
26. Rutgers University Pioneers New Jersey Innocence Project, by Casey Bastian
27. Massachusetts Remains a Civil Forfeiture Outlier, by Jayson Hawkins
28. Sixth Circuit: Michigan’s Ordinarily ‘Adequate’ Contemporaneous-Objection Rule, in Unique Circumstances, May Not Procedurally Bar Federal Habeas Review, by Dale Chappell
29. Non-Prosecution Policies Seem to Work in Baltimore, by Jayson Hawkins
30. DEA Continues to Seize Money Without Proof of Criminality, by Casey Bastian
31. Florida’s Catch-22 for the Innocent Defendant (and Others Wishing to Protect Their Right Against Self-Incrimination), by M. Eve Hanan
32. Big Tech Using Third Parties to Sell Surveillance Tools to ICE and Border Patrol, by Anthony Accurso
33. Pegasus Software: State-sponsored Spyware Usage Likely Infecting Billions of Phones, by Casey Bastian
34. Armed Police Drones Are Coming, by Anthony Accurso
35. News in Brief

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:

• 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.
• Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
• California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
• Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
• Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.
• Fourth Circuit Grants Rare Bivens Extension to Federal Prisoner Allegedly Abused by Guards at Virginia Lockup, Dec. 15, 2024. Guard Misconduct, Guard Brutality/Beatings, Tolling of Statutes of Limitations and Laches.
• Minnesota Judge Spanked For Ignoring Law Restoring Felon Voting Rights, Dec. 15, 2024. Different Judge, Prosecutorial Misconduct, Voting Rights, Comments by Judge.
• Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, Dec. 1, 2024. Informants, Habeas Corpus, Informants and Paid Witnesses, False Testimony.
• Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup, Nov. 15, 2024. Failure to Treat, Conditions of Confinement, Hygiene Supplies, Disclosure of Records, Habeas Corpus.
• Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, Nov. 1, 2024. Habeas Corpus, Custodial Interrogations/Statements, Counsel - Right to.