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 Douglas Ankney:

• Idaho Stopped From Repeatedly Scheduling Executions That It Cannot Carry Out, July 1, 2024
• In New Jersey, Yet More Privileged Phone Calls Between Prisoners and Attorneys Recorded and Used by Prosecutors, July 1, 2024
• Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health, July 1, 2024
• Missouri Muslim Prisoners Advance Suit Against Guards For Assault During Prayer, July 1, 2024
• California Supreme Court: Defendant Has Due Process Right to Notice of Prosecution’s Election to Seek Enhanced Sentence in Order to Make Key Decisions About Defense, June 15, 2024
• Kansas Supreme Court Announces Clarification of Framework for Deciding Whether Confession Is Voluntary and Overrules Precedents That Held Reliability of Confession Is Factor to Be Considered, June 15, 2024
• Decedent’s End-of-Life Condition and Toxicology May Alter Time-of-Death Estimation, June 15, 2024
• Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1), June 15, 2024
• Third Circuit Denies Prosecutor’s Claim of Absolute Immunity Where Wrongfully Convicted Man’s Complaint Alleged Facts Sufficient to Support Finding That Prosecutor’s Actions Served ‘Investigatory Function’, June 15, 2024
• Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation, June 15, 2024

More from these topics:

• Changes to Appeals of Pretrial Detention Decisions Prompts Illinois Supreme Court to Adopt Changes to Appellate Rules, June 15, 2024. Appeals/Appellate Jurisdiction, Preservation of Appellate Rights/Issues, Court Rules, Bail/Pretrial Release.
• His Appeal Lost for 28 Years, Texas Prisoner Finally Off Death Row, June 1, 2024. Death Penalty, Failure to Treat (Mental Illness), Appeals/Appellate Jurisdiction.
• SCOTUS Announces Pending Investigation or Proceeding Is Not Required for an Offense to be ‘Related to Obstruction of Justice’ and Qualify as ‘Aggravated Felony’ in Removal of Noncitizen, Oct. 1, 2023. Deportation/Removal/Exclusion, Obstruction of Justice, Elements of Crime.
• Mississippi Supreme Court: Court of Appeals Improperly Permitted State to Supplement Record on Appeal in Reviewing Habitual Offender Determination, Aug. 1, 2023. Appeals/Appellate Jurisdiction, Sentences - Prior/Unrelated.
• Texas Court of Criminal Appeals: Trial Court Deprived Defendant of Opportunity to Present Complete Defense, June 15, 2023. Appeals/Appellate Jurisdiction, Best Evidence Rule, Evidence - Failure to Disclose, Prosecutorial Misconduct.
• Fourth Circuit Declines to Enforce Appeal Waiver and Procedural Default Excused by ‘Cause and Actual Prejudice,’ Reverses Denial of § 2255 Motion to Vacate § 924(c) Conviction Based on Hobbs Act Conspiracy, June 15, 2023. Wrongful Conviction, Appeals/Appellate Jurisdiction, Cause and Prejudice, Hobbs Act.
• Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’, June 15, 2023. Appeals/Appellate Jurisdiction, Ineffective Assistance of Counsel, Notice of Appeal/Appeal Rights, Tolling of Statutes of Limitations and Laches.
• Fourth Circuit: Immigration Judge’s Failure to Inform Noncitizen of Right to Appeal Deportation Order Was Prejudicial and Invalidated Later Indictment for Illegal Reentry, March 15, 2023. Cause and Prejudice, Deportation/Removal/Exclusion, Failure to Inform.
• Third Circuit Holds Consent of All Parties to Magistrate Judge Jurisdiction Required Before Judgment Against Pennsylvania Prisoners, Sept. 30, 2022. Magistrates, Appeals/Appellate Jurisdiction.
• California Court of Appeal Vacates Conviction Because Generic Immigration Consequences Warning Insufficient for Defendant to Understand Mandatory Immigration Consequences as a Result of Guilty Plea, Sept. 15, 2022. Appeals/Appellate Jurisdiction, Failure to Inform.