More from this issue:

1. California Court of Appeal Announces Youthful Defendants Sentenced to Terms ‘Functionally Equivalent’ to LWOP Entitled to Resentencing Under § 1170(d), by Sam Rutherford
2. Maryland Supreme Court Clarifies Process for Admitting Co-Conspirator’s Hearsay Statements During Police Interview Under ‘Declaration Against Penal Interest’ Exception, Trial Court Must ‘Parse’ Interview to Determine Admissibility of Each Statement, by Sam Rutherford
3. Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, by Dale Chappell
4. Ninth Circuit Announces ‘Hate Crime’ Sentence Enhancement Under Guidelines § 3A1.1(a) Requires Finding Defendant Motivated by Hate or Animus, by Sam Rutherford
5. Surveilling the Harms of Electronic Monitors, by Michael Thompson
6. The Murky Waters of Parole, by David Reutter
7. Careful What You Search For, by Michael Thompson
8. Study Highlights Limitations in Forensic DNA Analysis Involving Lower Genetic Diversity Groups, by Jo Ellen Nott
9. Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or Plea Hearing, by Sam Rutherford
10. Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home, by Sam Rutherford
11. Ninth Circuit Announces California Assault With Deadly Weapon Conviction Not ‘Crime of Violence’ for Career Offender Enhancement Under Sentencing Guidelines, by Sam Rutherford
12. New AI Tool Harnesses Microbiomes for Forensic and Medical Breakthroughs, by Jo Ellen Nott
13. California Court of Appeal Strikes Prison Prior Enhancement for Invalid Predicate Offense Under § 1172.75 Despite Concurrently Served Valid Predicate, by Sam Rutherford
14. Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, by Anthony Accurso
15. First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners, by Jo Ellen Nott
16. Eleventh Circuit: Asylee’s Florida Convictions for Marijuana Possession and Lewd and Lascivious Battery Do Not Warrant Removal Under INA, by Sam Rutherford
17. Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, by Douglas Ankney
18. Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints, by Anthony Accurso
19. Vermont Supreme Court Eliminates Year-and-a-Day Rule in Murder Prosecutions, by Sam Rutherford
20. Chicago’s Police Body Cam Transparency, by Michael Thompson
21. 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, by Sam Rutherford
22. Colorado Bureau of Investigation Admits Over 1,000 Cases Affected by DNA Test Misconduct, by James Mills
23. Federal Facial Recognition Technology Fails Again, by Michael Thompson
24. Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, by Sam Rutherford
25. News in Brief
26. Seeking Justice for Two: The DNA Scandal That Shook a Community

More from Sam Rutherford:

• Shelby County DA Oversees Retesting After Forensic Analyst’s Dismissal for ‘Unethical Conduct’, July 1, 2025
• Self-Harming Wisconsin Prisoner Settles Failure-to-Protect Suit for $7,000, April 1, 2025
• SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process, March 15, 2025
• 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

More from these topics:

• Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.
• California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
• First Circuit Announces Modification of Juvenile’s Life-­Without-­Parole Sentence to Parole-­Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-­in-­Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
• Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026. Habeas Corpus, Overdetention, Effect of Vacatur, Credits, Concurrent and Consecutive Sentences.
• Tiny Plants, Big Consequences: Moss Evidence in Courtrooms, Jan. 1, 2026. Forensic Sciences, Evidence - Circumstantial, Opinions and Expert Testimony, Evidence - Integrity/Reliability of, Scientific Testimony or Evidence.
• Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
• Zombie Forensics: Discredited Science Stalking the Courtroom, Dec. 15, 2025. DNA Testing/Samples, junk science, Forensic Sciences, Opinions and Expert Testimony.
• New Jersey Supreme Court Announces “Shaking Without Impact” Expert Testimony Inadmissible, Holding Shaken Baby Syndrome Diagnosis Lacks Required General Acceptance Within Biomechanical Engineering Community Under Frye, Dec. 15, 2025. Brain Injury, Forensic Sciences, Evidence - Integrity/Reliability of, Expert and Opinion Testimony, Scientific Testimony or Evidence.
• Police AI and “Sycophancy”: New Evidence Tools May Tell Cops Exactly What They Want to Hear, Dec. 15, 2025. junk science, Police State-Surveillance, Evidence - Integrity/Reliability of, Evidence - Failure to Disclose, Exculpatory Evidence - Disclosure Obligations.
• Ninth Circuit Affirms Exclusion of Plea Agreement’s Factual Basis, Holding Unaccepted “Type A” Plea Agreement Unenforceable to Trigger Waiver of Rule 410 Protections, Dec. 15, 2025. Evidence - Admissibility, Federal Rules of Evidence, Acceptance/Rejection by the Court, Validity of.