More from this issue:

1. Your Car Is Spying on You, by Michael Thompson
2. People of Maine at Forefront of Battle to Keep Government Security Apparatus in Check, by Douglas Ankney
3. A Nation of Snitches: DHS Is Grooming Americans to Report on Each Other, by Nisha Whitehead, John W. Whitehead
4. Montana Supreme Court: Retroactive Application of Montana’s Sex Offender Registration Law, as Amended Since 2007, Violates Ex Post Facto Clause of State Constitution, by Douglas Ankney
5. Checking In With Community Supervision, by Anthony Accurso
6. New Jersey Takes First Steps in Eliminating Public Defender Fees, by Jordan Arizmendi
7. Ninth Circuit: Younger Abstention Doctrine Inapplicable Where Habeas Petitioner Seeks Stay While § 1172.6 Petition in State Court Being Litigated and Petitioner Entitled to Stay of Habeas Proceedings While State Petition Pending, by Douglas Ankney
8. Advent of ‘Green’ Ammunition Prompts Forensic Science to Analyze Organic and Inorganic Gunshot Residue and Establish Benchmarks for CSI, by Jo Ellen Nott
9. Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, by Richard Resch
10. Michigan Supreme Court Holds Guilty Plea Cannot Be ‘Voluntary and Knowing’ When Induced by Inaccurate Understanding of Minimum and Maximum Prison Sentence, by David Reutter
11. Study Reveals Important Details About iPhone’s Building Level Registration Reliability, by Jo Ellen Nott
12. California Supreme Court Clarifies Harmless-Error Analysis of Alternative-Theory Error, Reverses and Remands Where Court of Appeal Applied Incorrect Standard, by Douglas Ankney
13. Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim, by Douglas Ankney
14. 10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm, by Anthony Accurso
15. Study: ‘Inconclusive Finding’ by Examiner of Cartridge Casing Should Be Finding of ‘Excluded’ 85% of the Time, by Douglas Ankney
16. Facial Recognition Software Gives Unreliable Results with Black Individuals and Leads to Unlawful Arrests, by Jo Ellen Nott
17. ICE Employees Caught (Again) Misusing Access to Databases, by Jordan Arizmendi
18. Fourth Circuit: Evidence Suppressed Where Officers Seized Defendant Without Reasonable Suspicion and Forced Him to Prove He Was Not Armed, by Anthony Accurso
19. Electrocution by Taser Is Not Death From Excited Delirium, by Douglas Ankney
20. New Jersey Supreme Court Announces Presumption in Favor of In-Person Interpreter for Criminal Trials and Issues Guidelines for Use of Video Remote Interpreting, by Matthew Clarke
21. Sheep and Sheepdogs: Use and Abuse of Non-Lethal Crowd Control Weapons, by Benjamin Tschirhart
22. Arizona Attorney General Settles Lawsuit, Agrees to Toss Unconstitutional Law Banning the Recording of Cops, by Jo Ellen Nott
23. Fourth Circuit Vacates Denial of First Step Act Relief Where Record Unclear Whether District Court Considered All Nonfrivolous Arguments Raised by Defendant, by Douglas Ankney
24. Sixth Circuit: Plain Error Where District Court Required Defendant at Resentencing to Admit Guilt in Order to Fully Consider Defendant’s Evidence of Rehabilitation, by Douglas Ankney
25. Colorado’s Amendments to Post-Conviction DNA Testing Statute Allows Greater Number of Affected Persons to Seek Testing, by Douglas Ankney
26. Gunshot Detection Technology Continues to Acquire New Business Despite Major Clients Dropping Contracts and Researchers Questioning Its Effectiveness, by Jo Ellen Nott
27. Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill, by Douglas Ankney
28. Computing Fear in Black and Brown Communities, by Michael Thompson
29. DOJ Concludes Louisville Police Engaging in Patterns of Unconstitutional Conduct, by Douglas Ankney
30. ICE Tramples Over the Judicial System, by Jordan Arizmendi
31. U.K. Study of Consistency Among Pairs of Child Witnesses Shows Surprising Results, by Matthew Clarke
32. Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding, by Douglas Ankney
33. West Virginia Supreme Court Announces in the Absence of a Deadline, Trial Court Must Permit Defendant to Stipule to Prior Conviction During Trial, by Douglas Ankney
34. Geofencing January 6th, by Michael Thompson
35. Three’s a Crowd: Issues of DNA Mixture Analysis and Interpretation, by Eike Blohm, MD
36. New Mexico Supreme Court Announces Trial Courts Retain Common Law Jurisdictional Authority to Correct Illegal Sentences, Allows Defendant to Withdraw Plea After Sentence Correction Involving Additional Parole Time, by Anthony Accurso
37. News in Brief

More from Douglas Ankney:

• Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024
• Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024
• New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, May 15, 2024
• Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, May 15, 2024
• New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase, May 15, 2024
• $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024
• Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, April 15, 2024
• New York Court of Appeals Declines to Adopt Per Se Rule That Handcuffed Person Is Always ‘In Custody’ for Miranda Purposes, but Holds the Handcuffed Defendant Was ‘In Custody’ and Suppress Incriminating Statements, April 15, 2024
• Fifth Circuit: Admission of DHS Investigation Form G-166F at Trial Where Preparer of Form Did Not Testify Violates Confrontation Clause and Rule Against Hearsay, April 15, 2024
• Does the Fourth Amendment Protect Cellphones at the Border?, April 15, 2024

More from these topics:

• Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024. U.S. Sentencing Guidelines, Career Offenders, Recidivist Enhancements.
• Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, April 15, 2024. Sex Offender Registration, U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Military.
• U.S. Sentencing Commission Greenlights Retroactive Sentence Reductions, March 1, 2024. U.S. Sentencing Guidelines, Guideline Amendment/Variances and Retroactivity.
• Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing, Feb. 15, 2024. U.S. Sentencing Guidelines, Applicable Guidelines Issues, Sentencing Hearing, Right to be Present, Conditions of, Remands/Rehearings/Resentencings.
• Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated, Feb. 15, 2024. U.S. Sentencing Guidelines, Resentencing, Revocation/Modification of Probation, etc., Revocation Proceedings.
• Federal Sentencing Guidelines Undergo Substantial Amendments, Jan. 15, 2024. U.S. Sentencing Guidelines, First Step Act, Violence Against Women Act, Criminal History, Qualifying Offenses, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation, Sexual Exploitation of Minors, Federally Protected Rights, Sexual Conduct with Minors, Sentences - Authorized, Safety Valve, Acceptance of Responsibility, Preservation of Judicial Resources, Legal or Factual Challenges - assertion of.
• Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes, Dec. 15, 2023. U.S. Sentencing Guidelines, Three Strikes, Career Offenders, Three Strikes Statutes/Rule, Recidivist Enhancements.
• Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing, Dec. 15, 2023. U.S. Sentencing Guidelines, Fair Sentencing Act of 2010, Sentencing Findings, Miscalculation of the Guidelines Sentencing Range.
• No Compassionate Release for Bank Robber Turned Angel of Mercy at North Carolina BOP Lockup, Dec. 1, 2023. Cancer, U.S. Sentencing Guidelines, Compassionate Release.
• Ninth Circuit Revives Former Nevada Prisoner’s Claim for Deprivation of Sentence Credit, Nov. 15, 2023. U.S. Sentencing Guidelines, Credits, Denial of Due Process.