More from this issue:

1. A Guide to Getting the Most Out of a Plea Bargain, by Jacob Barrett
2. Second Circuit: District Court Required to Explain Rationale for Reducing Sentence to ‘Time Served’ Under First Step Act but Refused to Reduce Supervised Release Portion of Sentence Despite Being Longer Than New Mandatory Minimum, by Dale Chappell
3. What You Need to Know Before Contacting a Conviction Integrity Unit, by Kia Hall Hayes, Marissa Boyers Bluestine
4. Study Examines the ‘Black Box’ of Prosecutorial Charging and Plea Bargaining Discretion, by David Reutter
5. Man Rejects Plea Deal and Is Sentenced to 110 Years in Colorado Prison for Doing So, by Ashleigh Dye
6. Systematic Lying in Plea Bargaining Is a Feature, Not a Flaw, by David Reutter
7. Iowa Supreme Court Clarifies When Forensic Interviews of Child Complaining Witnesses Are Admissible, by Douglas Ankney
8. Sixth Circuit: Government Violated Plea Agreement by Arguing for Sentence Exceeding Guidelines Range, Despite Promise Not to ‘Suggest in Any Way’ Variance Is Appropriate, by David Reutter
9. Tenth Circuit: Where Defendant Actually Sentenced to Drug Treatment and Probation Rather Than 28-32 Months in Prison as Per State Sentencing Guidelines, Conviction Can’t Serve as Predicate ‘Felony’ for 18 U.S.C. § 922(g)(1), by Dale Chappell
10. ACLU Report Suggests Disturbing Pattern of Police Surveilling Protests to Identify People Peacefully Protesting Police Brutality
11. Plea Bargaining: An Illegitimate System to Administer Justice?, by David Reutter
12. First Circuit: Appellate Counsel’s Failure to Raise Brady Claim on Direct Appeal Constituted Ineffective Assistance of Counsel Under Strickland, § 2255 Motion Granted, by Anthony Accurso
13. Ending Eyewitness Memory Contamination, by Matthew Clarke
14. Fourth Circuit: Bodily Injury Sentence Enhancement for Robbery Inapplicable Where Victim Sustained ‘Momentary’ Injury and Sought ‘Precautionary’ Medical Treatment, by Jacob Barrett
15. Iowa Supreme Court Reverses Conviction Where Prosecutor Allowed to Amend Trial Information at Trial to Charge a ‘Wholly New and Different Offense’, by David Reutter
16. Texas Court of Criminal Appeals: Trial Court Did Not Abuse Discretion by Granting Rule 508 Motion to Dismiss Capital Murder Charge Where State Refused to Disclose Identity of Confidential Informant, by Douglas Ankney
17. Vermont Supreme Court Announces Rule 12.1 Doesn’t Require Notice of Diminished Capacity Defense When Expert Testimony Won’t Be Used, by Matthew Clarke
18. California Court of Appeal: Hearing on Discretionary Resentencing Under §1170.91(b)(1) for U.S. Servicemembers Requires Only That Petition Allege Defendant ‘May’ Be Suffering From a ‘Qualifying Condition’, by Douglas Ankney
19. Fifth Circuit: Aggravated Assault in Texas Does Not Qualify as Aggravated Felony Under 8 U.S.C. § 1326(b)(2), Reentry With Prior Aggravated Felony, by Jacob Barrett
20. Massachusetts Supreme Court: Prosecution Failed to Prove Defendant Knowingly, Voluntarily, and Intelligently Waived Right to Counsel After Having Asked for Lawyer Earlier But Officer Continued to Engage in ‘General’ Talk for Nearly 45 Minutes, by Anthony Accurso
21. Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’, by David Reutter
22. A ‘Lucky’ Exoneration in Syracuse, by Jayson Hawkins
23. Ninth Circuit Announces Irizarry Didn’t Eliminate Wise Requirement That Sentencing Court Provide Notice of Special Conditions of Supervised Release Prior to Imposing Sentence, by Matthew Clarke
24. Maryland Prosecutor Covers for FBI Agent’s Lies in Defense of Junk Science, by Jayson Hawkins
25. SCOTUS Rejects ‘Opening the Door’ Rule to Correct ‘Misleading Impression’ as Exception to Confrontation Clause Allowing Admission of Unconfronted Testimonial Hearsay, by Richard Resch
26. North Dakota Supreme Court Suppresses Evidence Found in Passenger’s Backpack Located Outside Vehicle When Drug-Detection Dog Alerted to Presence of Drugs Inside Vehicle, by Anthony Accurso
27. Fear and Freedom Twenty Years Later: How Post 9/11 Security Measures Overstepped Privacy, by Ashleigh Dye
28. FBI Program Surveils Subject for 24 Days Using Spy Planes, by Anthony Accurso
29. California Court of Appeal Announces Suffering From a Nonqualifying Mental Disorder While Also Suffering From a Qualifying Disorder Does Not Bar Eligibility for Mental Health Diversion Under § 1001.36, by Anthony Accurso
30. Google Confirms Increasing Police Reliance on Geofence Warrants, by Anthony Accurso
31. Pandemic Pressures Defendants into False Guilty Pleas, by David Reutter
32. Search Your Constitution in Vain for the Fourth Amendment—the DOJ Seized It (Stealthily), by Douglas Ankney
33. NYPD Using Secret Money for Surveillance Tech, by Anthony Accurso
34. Dangers of Data Gathering by Los Angeles Police Department, by Edward Lyon
35. Geofencing Warrants Are Putting Civil Rights and Free Speech in Jeopardy, by Dale Chappell
36. Oregon Bans Police Lying to Obtain Confessions from Juveniles, by Jacob Barrett
37. ‘Possible Cause’ Is All That’s Needed for Geofence Warrants, by Douglas Ankney
38. News in Brief
39. Police Disparage Philadelphia Citizenry with False Report That SEPTA Riders Stood Idle While Passenger was Raped, by Douglas Ankney

More from Anthony Accurso:

• D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
• $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
• Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
• First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
• Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
• Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025
• Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints, Feb. 1, 2025
• 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
• Childhood Trauma Incidence Higher Among Those Incarcerated, Jan. 15, 2025
• Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized, Dec. 1, 2024

More from these topics:

• Indiana Supreme Court: Defendant Entitled to Discharge by Showing No Court ‘Congestion’ After Trial Court’s Unexplained Denial of Speedy Trial Motion, Dec. 1, 2024. Delays in Prosecution of Case.
• Georgia Jail Detainee Released After 10-Year Wait for Trial, Sept. 15, 2024. Delays in Prosecution of Case.
• Behavioral Health Experts Claim Head Movement While Speaking Indicator Whether Women Are Psychopathic, Aug. 15, 2024. Mental Health, Mental Health Experts.
• New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock, July 15, 2024. Speedy Trial Clock - Tolling of, Periods of Delay, Delays in Prosecution of Case, Excludable Time, Discovery and Inspection, Discovery - Lateness of.
• New York Court of Appeals: Dismissal Required Where Prosecution Failed to Explain Repeated Requests for Post-Readiness Adjournment, June 15, 2024. Periods of Delay, By the Government, Delays in Prosecution of Case, Speedy Disposition, Excludable Time.
• Condemned Texas Prisoner Ruled Too Mentally Ill to Execute, April 1, 2024. Death Penalty/Death Row, Death Penalty, Death Row, Failure to Treat (Mental Illness), Mental Health Experts, Post Ake v. Oklahoma, Judgment - Modification of.
• SCOTUS Announces First Amendment Requires Mens Rea of Recklessness for ‘True Threats’ Conviction, Aug. 1, 2023. First Amendment, rights, Mental Health Experts, Reckless Endangerment/Risk of Injury.
• Ninth Circuit: IAC for Failure to Engage Mental Health Expert and Testing, State PCR Court’s Decision Contrary to Federal Law and Defective Factfinding, Habeas Relief Granted, May 1, 2022. Ineffective Assistance of Counsel, Mental Health Experts.
• Vermont Supreme Court Announces Rule 12.1 Doesn’t Require Notice of Diminished Capacity Defense When Expert Testimony Won’t Be Used, March 15, 2022. Mental Health Experts.
• Montana Supreme Court: Defendant’s Due Process Rights Violated by Delayed Initial Appearance for Two Years While Jailed in New York on Out-of-State Warrant, Dec. 15, 2021. Delays in Prosecution of Case.