More from this issue:

1. Forensic Genetic Genealogy: Police Are Searching Genetic Genealogy Companies’ Databases Regardless of Whether They Have Permission, by Ann Foster, Matthew Clarke
2. Montana Supreme Court: Expert Witness Testimony Presented Via Two-Way Video Conferencing Technology Violates Confrontation Clause, by Sam Rutherford
3. Indigent Defense: Appointed Counsel Does Not Mean Free Counsel, by David Reutter
4. Parole Rate Plummets in South Carolina, by Matthew Clarke
5. Washington Supreme Court Announces Prohibition Against Use of ‘In-Court Holding Cell’ for Court Proceedings Without Individualized Determination of Need, by Sam Rutherford
6. False Confessions and Wrongful Convictions: Known Causes and Steps to Eliminate Them, by Douglas Ankney
7. Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, by Dale Chappell
8. Texas Court of Criminal Appeals Announces Prosecution’s Duty to Provide Discoverable Evidence Upon Request Applies to Discoverable Items in Law Enforcement Agencies’ Possession Unbeknownst to Prosecution and Exclusion Is Appropriate Remedy for Violation, by Sam Rutherford
9. Second Circuit Holds Full De Novo Resentencing Hearing Required Based on Partially Successful Habeas Petition Where Resentencing Judge Not Original Judge and Changed Circumstances Plausibly Alleged, by Sam Rutherford
10. Michigan Supreme Court: Fundamentally Unfair to Deny Indigent Defendant Funds to Retain False Confession Expert Where Genuineness of Confession Key Issue at Trial, by Sam Rutherford
11. 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, by Sam Rutherford
12. 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, by Anthony Accurso
13. Wrongfully Convicted Actor Exonerated After 24 Years in Prison
14. Missouri Man Awarded Record $38 Million After Insurance Company Refuses to Pay Wrongful Conviction Settlement, by Sam Rutherford
15. California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing, by Sam Rutherford
16. Arkansas Supreme Court Announces Petition for Testing Forensic Evidence Based on Advances in Technology Under Act 1780 of 2001 May Be Filed by Anyone Convicted of a Crime, Not Just Those Still in State Custody, by Anthony Accurso
17. Rhode Island Supreme Court: Officer Lacked Reasonable Suspicion for Terry Stop Based on Unsubstantiated, Anonymous Tip, by Sam Rutherford
18. Third Circuit: Despite ‘Expressly and Repeatedly’ Requesting Low-End Sentence, Government Breached Plea Agreement by Emphasizing ‘Heinous’ Nature of Offense and Presenting Victim-Impact Evidence at Sentencing Thereby Undermining Recommendation, by Sam Rutherford
19. Indiana Supreme Court: Defendant Entitled to Discharge by Showing No Court ‘Congestion’ After Trial Court’s Unexplained Denial of Speedy Trial Motion, by Sam Rutherford
20. Mississippi Supreme Court: Defendant’s Guilty Plea Not Knowing and Voluntary Because He Was Not Informed of His Habitual Offender Status, by Sam Rutherford
21. Washington Supreme Court: Judgment and Sentence Facially Invalid Based on Miscalculated Offender Score Despite Defendant’s Stipulation to Exceptional Sentence, by Sam Rutherford
22. Cell-Site Simulator Proposal: A Glimpse Inside the Black Box Whose Secrets Are Protected by NDAs and Obfuscation, by Michael Thompson
23. Chula Vista’s Police Drones, by Michael Thompson
24. News In Brief

More from Sam Rutherford:

• Ninth and Tenth Circuits Find Bivens Extension Orders Not Immediately Appealable, March 1, 2025
• New Mexico Corrections Department Continues Pattern of Abuse With Contract Medical Provider Wexford Health Sources, Feb. 15, 2025
• Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025
• 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
• Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025
• Washington DOC Physician Assistant Surrenders Medical License in Wake of Malpractice Allegations, Feb. 15, 2025
• California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025
• Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025
• California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051, Feb. 15, 2025
• Law Enforcement Obscures Use of Facial Recognition Technology, Feb. 15, 2025

More from these topics:

• Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025. COVID-19, Confrontation Clause/Rights, Practitioner Exception.
• 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.
• Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation, Feb. 1, 2025. Sanctions, Eyewitness Testimony, Brady Rule violations, Witnesses - Prior Statements/Testimony, Factual Disputes/Findings, Legal or Factual Challenges - assertion of.
• SCOTUS Announces Confrontation Clause Prohibits Expert Witness From Testifying About Non-­Testifying Expert’s Statements Regarding Forensic Testing Performed by Non-­Testifying Expert in Support of Testifying Expert’s Opinion Testimony at Trial, Jan. 15, 2025. Forensic Sciences, Fourteenth Amendment, rights, Exclusion of Witnesses at Trial, Confrontation Clause/Rights.
• Idaho Supreme Court Admitting Video of Child-Witness Interviews at Trial Violates Confrontation Clause, June 15, 2024. Confrontation Clause/Rights, Video/Closed Circuit TV Testimony, Video Cameras, Crawford, Testimonial Statements.
• 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. witness misidentification, Eyewitness Testimony, Lineups.
• Maryland Compensates Exonerated Prisoner Over $340,000, April 1, 2024. Wrongful Conviction, Eyewitness Testimony, Fabrication of Evidence, Recantation.
• New York Court of Appeals Reverses Conviction Because Testifying Criminalist Not Shown to Have Requisite Involvement in DNA Testing Process and Provides Guidance to Avoid Future Sixth Amendment Confrontation Clause Violations, March 15, 2024. DNA Testing/Samples, Eyewitness Testimony, Crime Lab Reports.
• Foundations of Firearms Audio Forensics Built by Dr. Robert Maher Will Continue to Be Important Forensic Tool as More Recording Devices Are Present at Crime Scenes, March 15, 2024. Commentary/Reviews, Eyewitness Testimony.
• Interactive Lineups Are a Promising New Tool to Improve Accuracy of Suspect Identification by Eyewitnesses, March 15, 2024. Commentary/Reviews, witness misidentification, Eyewitness Testimony, Lineups.