More from this issue:

1. Prosecutorial Extortion: Alleged Drug Dealer Agrees to $300,000 Seizure in Face of Charges Threatened Against Entire Family, by David Reutter
2. Seventh Circuit Vacates Sentence Because Government Failed to Meet Its Burden to Support Uncharged Drug Quantity Under Rule 32, by Douglas Ankney
3. Drug Detection Dogs Are Unreliable and Reflect the Vicious Heritage of Their Slave-Hunting Dog and Police-Dog Predecessors, by Matthew Clarke
4. 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, by Mark Wilson
5. Everybody’s Guilty: To the Police State, We’re All Criminals Until We Prove Otherwise, by Nisha Whitehead, John W. Whitehead
6. Colorado Supreme Court Announces ‘Reasonable Likelihood’ Framework for Determining Whether Trial Court’s Comments to Prospective Jurors Lowered Prosecution’s Burden of Proof, by Douglas Ankney
7. Iowa Supreme Court: Warrantless Entry Into Home for Misdemeanor Arrest Violates Both U.S. and Iowa Constitutions and Requires Suppression of Evidence, by Mark Wilson
8. Police Often Use ‘Cover Charges’ to Mask False Arrests and Police Brutality, by Casey Bastian
9. Eighth Circuit: Government Breached Plea Agreement by Relying on Pre-Plea Conduct to Dispute Acceptance of Responsibility Despite Acknowledging Defendant Qualified for Credit in Agreement, by Richard Resch
10. California Supreme Court Announces Uncharged Lesser Firearm Enhancement May Be Substituted Under § 12022.53, by Mark Wilson
11. California Court of Appeal: Gang Enhancements Remanded for Retrial Under AB 333; Sameness Requirement Satisfied
12. Maryland Court of Appeals: Kazadi Applies to Cases Where Issue Was Preserved at Trial but Appeal Not Yet Noted at Time Kazadi Decided, by Douglas Ankney
13. Third Circuit Suppresses Evidence Found After Police Created Safety Concern to Justify Prolonging Traffic Stop, by Anthony Accurso
14. Fifth Circuit: District Court Miscalculated Sentencing Guidelines Range by Implausibly Finding Defendant Would Use All Cash Proceeds of Drug Sales Seized to Purchase More Meth to Resell, by Douglas Ankney
15. California Supreme Court Announces Conspiracy to Commit Home Invasion Robbery Not Subject to Enhancement to Indeterminate Life Sentence Under Penal Code § 186.22(b)(4), by Matthew Clarke
16. Commentary: Exploring Implications of the Supreme Court’s Expansion of Second Amendment Rights, by Professor Douglas A. Berman
17. Third Circuit: District Court’s Focus on Substance of Defendant’s Meritless Arguments in Denying Request to Represent Himself Resulted in Inadequate Inquiry Prior to Denial in Violation of Sixth Amendment, by Matthew Clarke
18. Fourth Circuit: South Carolina Marijuana Law Not a Categorical Match to Federal Law for ACCA Sentencing, by David Reutter
19. Hawai’i Supreme Court Holds Randomness and Violent Nature of Crime Alone Insufficient to Establish Exigent Circumstances for Warrantless Entry Into Suspect’s Home, by Anthony Accurso
20. Tenth Circuit: Guilty Plea Not Knowing and Voluntary Because Sentencing Court Failed to Ask Follow Up Questions After Defendant Said He’s Off His Medication and ‘Mind Isn’t Right’, by David Reutter
21. Sixth Circuit: COA Not Required to Appeal Order Denying Rule 4(a)(5) Motion for Extension of Time to File Notice of Appeal, by Douglas Ankney
22. Pennsylvania Supreme Court Clarifies Ex Post Facto Analysis Focuses on When, Not Where, Crime Occurred and Does Not Require Showing of Disadvantage to Defendant, by Douglas Ankney
23. The War in Ukraine Raises Awareness About Secure Communications During a Crisis, by Douglas Ankney
24. Inflation Transforming Petty Offenses Into Felonies, by Douglas Ankney
25. Ohio Justice Calls for Plea Bargaining Reform to End ‘Sentencing by Ambush’, by David Reutter
26. Your Data Is For Sale and Anonymization Is Meaningless, by Anthony Accurso
27. Michigan Supreme Court Announces Punishment for Second-Degree Murder and Involuntary Manslaughter When Based on Same Conduct Violates Prohibition Against Double Jeopardy, by Anthony Accurso
28. NYPD Continues Its Longstanding Tradition of Thwarting Misconduct Investigations and Evading Accountability, by Douglas Ankney
29. FBI’s ‘Rich Neighborhood’ Breach Practice, by Jayson Hawkins
30. Nebraska Company Providing Digital Wiretaps of Messaging Platforms to Law Enforcement Agencies, by Anthony Accurso
31. Quattrone Center Reveals Lack of Transparency Concerning Prosecutorial Misconduct Claims Report identifies over 7,000 instances of state attorney conduct that ‘did not comport’ with ethical, procedural, or legal rules, by Casey Bastian
32. Chicago PD Emphasizing Facial Recognition for Investigations, by Anthony Accurso
33. Illinois Limits Police Access to Data Stored by Third Parties, by Anthony Accurso
34. Border Patrol Agents Track and Spy on U.S. Journalists and Unidentified Members of Congress, by Douglas Ankney
35. ‘Freedom Commons Academy’ Provides Former Prisoners Housing and Structured Re-entry Services in Syracuse, by Casey Bastian
36. Maine’s Law Enforcement Agencies, Like Those of Most States, Don’t Track Complaints Against Police Officers, by Douglas Ankney
37. Prosecutor’s Sentencing Message to Defendant: Insist on Trial, Pay with Your Liberty, by David Reutter
38. News in Brief

More from these topics:

• Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
• California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025. Prison Gangs, Kidnapping, Abduction or Unlawful Restraint, Insufficiency of the Evidence, Sentence Enhancements/Departures, Gang Membership.
• The Murky Waters of Parole, Feb. 1, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release.
• Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires, Jan. 15, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Resentencing, Revocation Proceedings, Overreaching.
• After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, Jan. 15, 2025. U.S. Sentencing Guidelines, Conspiracies, Attempts, Solicitations, Attempts/Incomplete Acts, Credits, Sentences - Adjustments and Departures.
• Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation, Dec. 15, 2024. U.S. Sentencing Guidelines, Revocation Proceedings.
• California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment, Dec. 15, 2024. Retroactivity, U.S. Sentencing Guidelines.
• 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.
• Fifth Circuit Judges Battle in Louisiana Over-Detention Cases, Dec. 15, 2024. U.S. Sentencing Guidelines, Overdetention, Credits.
• California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing, Dec. 1, 2024. U.S. Sentencing Guidelines, Resentencing, Sentence Enhancements/Departures.