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Archive: 2018

December

• How Defense Lawyers Break Attorney-Client Privilege to Defend Ineffective Assistance of Counsel Claims by Steve Horn (p 36)
• Fee to Plead Guilty Burdens Indigent Defendants in Pennsylvania by Dale Chappell (p 39)
• California Court of Appeal: Youth Offender Parole Statute Trumps Consecutive Prison Term Statute by Christopher Zoukis (p 38)
• Very Few Have Taken Advantage of New York’s Program to Seal Criminal Records by Edward Lyon (p 38)
• Homeland Security One Step Closer to Becoming Big Brother Incarnate by Christopher Zoukis (p 39)
• St. Louis Police Department Fighting Prosecution Exclusion List by Kevin Bliss (p 40)
• Junk Sciences and Scientists Strike Again in Texas by Edward Lyon (p 40)
• Global Voice Recognition Database Alarms Privacy Groups by Kevin Bliss (p 41)
• Philadelphia Pays Out Millions to Settle Police Shootings by Edward Lyon (p 41)
• Scottish Psychologist’s Study Focuses On Why the Innocent May Confess to Crimes by Derek Gilna (p 42)
• U.S. Government Paid Out Over $60 Million to Settle Border Patrol Violence Claims by Christopher Zoukis (p 37)
• New Hampshire’s Secret List of Problematic Cops Gets Worse by Dale Chappell (p 35)
• Crime Labs Falling Short by Edward Lyon (p 35)
• Eleventh Circuit Denies Qualified Immunity to Florida Cop Who Seized iPhone from Accident Bystander by Christopher Zoukis (p 34)
• Fourth Circuit: Federal Conspiracy to Commit Murder in Aid of Racketeering Not a Crime of Violence for Purposes of Sentencing Guidelines Enhancement by Christopher Zoukis (p 34)
• Colorado Leads U.S. in Suppression of Court Cases by Kevin Bliss (p 33)
• Kansas Supreme Court Rules Fourth Amendment Violation Where Purported Inventory Search Was Performed in Absence of Standard Policy by Richard Resch (p 32)
• Massachusetts Supreme Court Shifts Burden on Government to Prove by Clear and Convincing Evidence Sex Offender Poses Continued Risk at Termination of Registry Hearings by Dale Chappell (p 32)
• Report: NYPD Assisted in Creating Facial Recognition Technology by Kevin Bliss (p 31)
• South Carolina Supreme Court Rules Mandatory Electronic Monitoring of Sex Offenders Must Be ‘Reasonableness’ Under Fourth Amendment by Dale Chappell (p 30)
• Minnesota Supreme Court Joins the Chorus by Announcing Birchfield is Retroactive by Christopher Zoukis (p 30)
• $1 Million Settlement by Cleveland to Six Rape, Murder Victims’ Families by Kevin Bliss (p 29)
• Connecticut Supreme Court Finds IAC for Failure to Investigate Key Alibi Witness, Grants New Trial by Dale Chappell (p 27)
• Ninth Circuit Holds Undisclosed Relationship Between Murdered FBI Agent and Presiding Judge in Capital Case Created Intolerable Risk of Judicial Bias, Warranting Habeas Relief by David Reutter (p 26)
• Ninth Circuit Rules California Robbery Not a ‘Crime of Violence’ in Light of Dimaya and Allows Withdrawal of Guilty Plea by David Reutter (p 26)
• Civil Rights Groups Urge Ending Use of Pretrial Bail Risk Assessment Tools by Steve Horn (p 28)
• California’s New Cashless Bail System More Likely to Increase Number of Detainees by Kevin Bliss (p 25)
• Article Calls for Courts to Implement ‘Brady Violation Disclosure Letter’ System by Steve Horn (p 24)
• Georgia Can No Longer Charge for Access to Its Statutes, Thanks to Eleventh Circuit Ruling (p 23)
• I once wrote mandatory minimum laws. After ties to Abramoff landed me in prison, I know they must end. by Kevin Ring (p 22)
• Seventh Circuit Vacates Conditions of Supervised Release Following Child Pornography Conviction by Matthew Clarke (p 22)
• Illinois: Chicago Police Misconduct Outed in Database 2.0 Version by Edward Lyon (p 21)
• Seventh Circuit: Bureau of Prisons Improperly Prolonged Prisoner’s Sentence by Christopher Zoukis (p 20)
• Oregon Supreme Court: ‘Grooming’ Evidence Requires Scientific Validity Foundation by Mark Wilson (p 20)
• Massachusetts Supreme Court Overturns Conviction Based on Prosecutor’s False Statement During Closing Argument by Dale Chappell (p 19)
• District Court Holds that Some White-Collar Felons May Lawfully Possess Firearms Due to a Little Known Exemption For Crimes ‘Relating to the Regulation of Business Practices’ (p 18)
• Harris County, Texas Prosecutors Review DWI Cases Impacted by Discredited Expert by Derek Gilna (p 17)
• Massachusetts Supreme Court Tosses Thousands of Drug Cases After Lab Tech Scandal and Government Cover-Up by Dale Chappell (p 16)
• Tenth Circuit Rules Police Seizure of Home Where No Evidence of Criminal Activity Apparent Violates Fourth Amendment Requiring Suppression of Incriminating Evidence by Richard Resch (p 14)
• Seventh Circuit: Procedural Error Occurs When Miscount of Prior Convictions Basis for Sentence, Resentencing Required by David Reutter (p 14)
• Police Misconduct Threatens Over 20,000 New Jersey Drunk Driving Convictions by Derek Gilna (p 16)
• Nevada Court of Appeals Rules Police May Not Conduct Warrantless Search Based on Third-Party Consent Where No Effort Made to Determine Whether Person Has Authority to Do So by Richard Resch (p 12)
• New York City Cops Using Supposedly Sealed Arrest Records by Edward Lyon (p 9)
• Ninth Circuit Grants Habeas for IAC of Resentencing Counsel Who Failed to Challenge Sole Aggravating Factor or Investigate Mitigating Circumstances by Matthew Clarke (p 11)
• News in Brief (p 42)
• Kansas Supreme Court Holds Travel Plan Questions Unconstitutionally Extended Traffic Stop by Matthew Clarke (p 13)
• How Jury Duty Gives You the Power to Erase Bad Laws by Joe Jarvis
• The Fallibility of Forensic Science: Crime-Solving Tool Can Lead to Wrongful Convictions—and Belated Exonerations by Rick Anderson (p 1)
• Dallas County Private Bail Hearings Leave People Languishing Behind Bars by Kevin Bliss (p 42)
• New App Makes It Simple for Civilians to Record Police Encounters (p 41)
• Sex Offender Registration Biased Against Blacks by Kevin Bliss (p 41)
• Arizona Supreme Court Strikes Law Categorically Banning Bail for Sexual Assault as Unconstitutional by Dale Chappell (p 40)
• $384 Million Paid Out by New York City in Last Five Years for Police Misconduct by Derek Gilna (p 40)
• ACLU Report: A Tale of Two NYCs When It Comes to Policing by Derek Gilna (p 39)
• Fourth Circuit Affirms District Court Ruling that Man Committed as ‘Sexually Dangerous’ Should be Released by Christopher Zoukis (p 38)
• Increase in Crime Registries Nationwide Not a Benefit to Society by Kevin Bliss (p 37)
• Ninth Circuit Grants Habeas for Appellate Lawyer’s Failure to Raise Denial of Self-Representation Claim by Matthew Clarke (p 36)
• Tenth Circuit Grants Habeas Relief When ACCA Predicate Offense No Longer Qualifies as ‘Violent Felony’ by Christopher Zoukis (p 36)
• Chicago Judge Grants No-Money Bond in Murder Case, But Cook County Still Has a Long Way to Go by Dale Chappell (p 35)
• FBI Admits Vastly Inflating Number of Unsearchable Mobile Devices (p 35)
• Oklahoma’s Railroading its Citizens into Prison by Edward Lyon (p 38)
• Second Circuit Announces Prisoners Have First Amendment Right Not to Snitch or Provide False Information to Prison Officials by Richard Resch (p 34)
• Under Fire, Long Beach Police Suspend Use of Self-Deleting Message App by Betty Nelander (p 33)
• Michigan Supreme Court Announces New Rule for Appointing Expert Witness for Indigent Defendants, No Longer Left to Trial Judge’s Discretion by Dale Chappell (p 32)
• Oregon Enhanced Drug Penalty ‘For Consideration’ Element Requires Proof of Drug Sale or Agreement to Sell by Mark Wilson (p 32)
• Orlando Police Continue to Test Amazon’s Facial Recognition Software Despite Privacy Concerns (p 31)
• Pennsylvania State Senator Sends the Cops to Collect on Overdue Trash Bills Owed to His Company by Christopher Zoukis (p 31)
• Colorado Supreme Court Holds Ameliorative Amendments Apply Retroactively to Non-Final Convictions by Dale Chappell (p 30)
• First Circuit Orders Resentencing Where Trial Counsel Failed to Secure Three-Level Reduction Under Sentencing Guidelines by David Reutter (p 30)
• Federal Death Penalty Prosecutors Accuse One Another of Destroying Evidence and Other Misconduct in Discrimination Lawsuit by Shawn Musgrave, Brooke Williams (p 28)
• Ninth Circuit Rules Detective’s Persistent Questioning After Invocation of Right to Counsel Entitles California Prisoner to Habeas Relief by Richard Resch (p 26)
• Texas Court of Criminal Appeals Reverses Conviction for Improper Lesser-Included-Offense Determination by Christopher Zoukis (p 26)
• Washington Supreme Court Announces State’s Death Penalty Is Unconstitutional by Richard Resch (p 25)
• Snarky Facebook Post Not True Threat; Officers Denied Qualified Immunity by David Reutter (p 24)

November

• Sixth Circuit Grants Habeas Relief When Juror Failed to Disclose History of Sexual Abuse in Sexual Assault Case by Christopher Zoukis (p 24)
• New York Court of Appeals: Excited Utterance Must Be Based on Personal Observation to Be Admissible as Exception to Hearsay Rule by Dale Chappell (p 23)
• Three Reasons Why the Supreme Court Should Eliminate the Doctrine of Qualified Immunity by Christopher Zoukis (p 22)
• Seventh Circuit: Habeas Petition Challenging § 841 Recidivism Sentence Enhanced with Vacated State Convictions is Not Time-Barred by § 851(e) Statute of Limitations by Christopher Zoukis (p 20)
• California Court of Appeal Rules 17-Year Delay in SVP Trial Violated Right to Speedy Trial by Kevin Bliss (p 20)
• Warning: Integrity of Judicial Process at Risk by Sandy Rozek (p 18)
• Kentucky Supreme Court Declares Law Defining Intellectual Disability Unconstitutional, Overturns Death Sentence by Dale Chappell (p 18)
• Is Blue Privilege at Work in Texas Police Killings? by Betty Nelander (p 17)
• Pennsylvania Supreme Court Holds FTA Does Not Affect Independent Speedy Trial Violation by Prosecutor by Dale Chappell (p 16)
• Habeas Hints: Evaluating and Initiating IAC Claims by Kent Russell, Tara Hoveland (p 14)
• Should the Minimum Age for the Death Penalty be Bumped Up to 21? (p 13)
• Colorado Supreme Court Announces ‘Preponderance of the Evidence’ Standard for Determining Voluntariness of Consent to Search by Dale Chappell (p 12)
• Free at Last! California Modifies Its Felony Murder Law, Helping up to 800 Prisoners Currently Serving Life Sentences by Edward Lyon (p 12)
• Arkansas Supreme Court Reverses Negligent Homicide Conviction Where Evidence Obtained Via Warrantless Blood Draw Used by Christopher Zoukis (p 11)
• News in Brief (p 42)
• Eyewitness (Mis)Identification in the Criminal Justice System: Powerful, Persuasive, and Problematic by Christopher Zoukis (p 1)
• Wrongful convictions: Tax relief deadline for exonerees looms by Betty Nelander
• Nearly All the Officers in Charge of an Indiana Police Department Have Been Disciplined — Including the Chief Who Keeps Promoting Them by Christian Sheckler, Ken Armstrong
• Exonerated Waukegan, Illinois, Man Receives $9 Million for Wrongful Conviction by Derek Gilna
• Judge orders Tacoma to pay fines, attorney fees over stingray records by Dale Chappell (p 37)
• $150,000 Settlement for Man Beaten by West Virginia State Police (p 37)
• Ninth Circuit Reverses Conviction for Conspiracy to Smuggle Drugs Based Solely on ‘Drug Courier Profile’ by Christopher Zoukis (p 38)
• First Circuit Holds Sixth Amendment Speedy Trial Clock Starts Upon Original, Not Superseding, Indictment When Based on Same Act or Scheme by Dale Chappell (p 38)
• Texas Woman Receives Five Years in Prison for Illegal Voting After Criminal Conviction by Derek Gilna (p 39)
• Ohio Governor Commutes Another Death Sentence (p 39)
• Nevada Supreme Court Announces Testimony at Probation Revocation Hearing Inadmissible in Later Criminal Proceeding by Dale Chappell (p 40)
• Second Circuit Denies NYPD Qualified Immunity for Use of Military-Grade Acoustic Weapon on Peaceful Protesters by Christopher Zoukis (p 40)
• Brooklyn, New York’s Top Prosecutor Opens Door for Expungement of Pot Convictions by Derek Gilna (p 41)
• West Virginia Legislature Impeaches State Supreme Court Justices for Alleged Misconduct by Derek Gilna (p 27)
• News in Brief (p 42)
• First Circuit Vacates Supervised Release Condition Effectively Prohibiting Contact with His Minor Children by Matthew Clarke (p 42)
• U.S. Supreme Court: Defendant Sentenced Pursuant to a Rule 11(c)(1)(C) Plea ‘Generally Eligible’ for Sentence Reduction when Guidelines Retroactivity Reduced by Christopher Zoukis (p 36)
• Federal Judge Orders New Orleans Municipal Court System to Reform Money Bail by Derek Gilna (p 36)
• D.C. Circuit Holds Generic Appeal Waiver Does Not Bar IAC Claim During Sentencing by Dale Chappell (p 35)
• Ninth Circuit Affirms $4 Million Verdict for Couple Shot by L.A. County Deputies During Warrantless Entry into Their Home by Dale Chappell (p 34)
• Civil Libertarians Concerned About Undisclosed FBI Research into Tattoo Recognition Technology by Derek Gilna (p 34)
• U.S. Supreme Court: Plainly Miscalculated Guidelines Range Requires Appellate Court to Vacate Sentence in the Ordinary Case by Christopher Zoukis (p 33)
• Indiana Supreme Court Announces Single Act of Resisting Police Bars Multiple Counts, Regardless of Number of Officers Involved or People Killed by David Reutter (p 32)
• Federal Judge Rules Cullman County, Alabama, Money Bond System Unconstitutional by Derek Gilna (p 32)
• Is a Florida Chief Judge Taking Cues From a Prosecutor? by Jacqueline Azis, Somil Trivedi (p 31)
• The Legacy of a Torturer by Joan Parkin (p 30)
• Report: Right to Trial Exists in Name. In Reality, Only 3% of Cases Go to Trial by Steve Horn (p 28)
• Man Who Lawfully Had Sex with Girlfriend, 17, Could Face Decades in Prison for Taking Sexually Explicit Photos of Her (p 27)

October

• Rhode Island Supreme Court Takes on ‘Thorny Issues’ Presented by Sex Offender Registry Laws by Christopher Zoukis (p 26)
• $3 Million Federal Court Settlement: Philadelphia Agrees to End Civil Forfeiture by Derek Gilna (p 26)
• The Power of the Prosecutor: A Personal Account by Ashley Sawyer (p 24)
• Retaliation a Risk When Video Recording Police Brutality by Kevin Bliss (p 24)
• How to File a Police Complaint by Kevin Bliss (p 23)
• Kansas Supreme Court Holds Prosecutor’s Blatant Lies to Jury During Closing Argument Constituted Prosecutorial Misconduct Requiring Reversal of Murder Convictions by Dale Chappell (p 22)
• U.S. Customs and Border Protection’s New Fuzzy Math Clearly Results in Inflated Assault Figures by Christopher Zoukis (p 22)
• Federal Judge Orders Accused Hacker to Post Bail in Bitcoin or Other Cryptocurrency by Derek Gilna (p 21)
• Maryland Court of Appeals Announces Proper Procedure for In Banc Review by Dale Chappell (p 20)
• Do Las Vegas Prosecutors Routinely Ignore Discovery Disclosure Requirements? by Matthew Clarke (p 20)
• Fourth Circuit Affirms Ruling That Diagnosis of Intellectual Development Disorder Does Not Qualify as ‘Sexually Dangerous Person’ Under Federal Civil Commitment Statute by Christopher Zoukis (p 18)
• Second Circuit Rules Police Not Entitled to Qualified Immunity After Failing to Comply With Terms of Material Witness Warrant by Kevin Bliss (p 18)
• Will Groundbreaking California Bail Reform Help or Hinder Defendants’ Likelihood of Pre-Trial Release? by Betty Nelander (p 16)
• Tennessee’s Death Penalty Laws Cruel and Arbitrary by Kevin Bliss (p 15)
• Massachusetts Supreme Court Holds Seven-Year Delay and Inability to Receive Sex Offender Treatment While Awaiting SDP Trial Violates Due Process by Dale Chappell (p 16)
• News Probe: California Drug Deputies Target Latino Motorists by Kevin Bliss
• Records Reveal Culture of Disregard Toward Use of Force in Ohio Police Department by Kevin Bliss
• New Jersey Supreme Court Holds DNA Exception Tolling Statute of Limitations Applies Only to Suspect Directly Identified by DNA by Dale Chappell (p 14)
• Texas Supreme Court Interprets State’s Expungement Statute by David Reutter (p 14)
• ACLU Sues ‘Crooked’ Public Defender in Georgia by Edward Lyon (p 9)
• Pennsylvania Police Use Hate Crime Law Against People Who Verbally Abuse Them, Dramatically Increasing Potential Jail Time by Kevin Bliss (p 13)
• Conviction Integrity Units, Innocence Commissions Tackle Wrongful Convictions, Prosecutorial Misconduct by Steve Horn (p 10)
• Security Expert Says FBI Has Unlocked iPhones With Fingerprints of The Deceased by Derek Gilna
• Documents Reveal How Law Enforcement Partners with Private Companies to Surveil Schools by Steve Horn (p 1)
• Eleventh Circuit: Sharing Food with Homeless Expressive Conduct Protected by First Amendment by R. Bailey

September

• Washington Supreme Court Strikes Down Pornography Prohibition as Unconstitutionally Vague by Christopher Zoukis (p 39)
• Sixth Circuit Rules Relying on Search Warrant Based on ‘Bare Bones’ Affidavit Objectively Unreasonable, Grants Motion to Suppress by David Reutter (p 38)
• Victims’ Rights Laws a Threat to Due Process (p 40)
• Federal Court Suppresses Evidence Where Consent to Search Vehicle Obtained Via Google Translate by Christopher Zoukis (p 40)
• Private DNA Lab Under Fire for Faulty Analysis by Christopher Zoukis (p 38)
• ICE Utilizes Military-Style Shock Tactics to Round up Immigrants (p 37)
• Louisiana Supreme Court Holds Counsel’s Failure to Challenge ‘Stark Contrasts’ in Witness ID and Defendant’s Appearance Constituted IAC by Dale Chappell (p 36)
• Sixth Circuit: Procedural Error and Plain Error for Judge to ‘Surprise’ Defendant and Impose an Upward Variance (p 36)
• Hawaii Supreme Court Vacates Conviction Because Defendant’s Waiver of Right to Testify Deficient Under State’s Tachibana Colloquy Requirement by David Reutter (p 35)
• New Jersey Supreme Court Holds Inventory Search May Not Serve as Ruse for Investigatory Search by Dale Chappell (p 34)
• Federal Judge Effectively Ends Albuquerque’s Civil Asset Forfeiture Program as Too Focused on Revenue and Not on Due Process by Derek Gilna (p 34)
• Your Papers, May I See Your Papers? by Christopher Zoukis (p 33)
• Hair Analysis a Useful but Not Foolproof Forensic Tool by Derek Gilna (p 33)
• 1st Circuit: No Protective Sweep Where Identified Suspects Already in Custody at Time of Warrantless Search by David Reutter (p 32)
• $9 Million Settlement in Baltimore Wrongful Conviction Case by Christopher Zoukis (p 32)
• Civil Forfeiture Often Focuses on Profit Instead of Public Safety (p 31)
• Louisiana Sheriffs’ Association Backpedals on Its Pre-Trial Detainee Figures by Derek Gilna (p 31)
• Idaho Supreme Court Rules Dead-Body Reporting Statute Unconstitutional As Applied to Defendant by Richard Resch (p 30)
• Federal Judge Extends Stay of Executions in Louisiana by Betty Nelander (p 30)
• Houston Forces Parolees out of City Under New Rule (p 29)
• From the Big Box to the Big House: Walmart Helps Tennessee Prosecutors Felonize Shoplifting by Matthew Clarke (p 29)
• Iowa Supreme Court Announces Greater Privacy Protections Under State Constitution for Impounded Vehicles Than Provided by Fourth Amendment by Richard Resch (p 28)
• New York, Faced With Millions in Payouts for Prosecutorial Misconduct, Becomes First State to Create Oversight Commission by Derek Gilna (p 28)
• Fired Director of New York’s Criminal Forensic Science Division Alleges ‘Catastrophic’ DNA Errors by Christopher Zoukis (p 27)
• Many Sheriffs Tempted by Lack of Oversight or Fiscal Accountability by Matthew Clarke (p 26)
• 11th Circuit Rules Immigration Judges are United States Judges for Purposes of 18 U.S.C. § 115(a)(1)(B) by David Reutter (p 26)
• Study Indicates Link Between Officer Fatigue and Public Complaints by Betty Nelander (p 25)
• ACLU Questions Trade Secrets Protecting DNA Testing Algorithms by Dale Chappell (p 25)
• $28.1 Million Jury Verdict for Wrongful Convictions Upheld by 8th Circuit by Kevin Bliss (p 23)
• Eric Schneiderman Pushed Laws Opposing Abuse of Women as He Stands Accused of Abusing Them Himself by Steve Horn (p 24)
• Archaic Disciplinary System Allows Chicago Police to Delay Punishment by David Reutter (p 22)
• Kentucky Supreme Court Tosses Evidence Holding Dog Sniff of Nervous Driver with Prior Drug Charges was Unreasonable by Dale Chappell (p 22)
• New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms by Christopher Zoukis (p 21)
• Seventh Circuit Affirms Order Granting New Trial Due to Newly Discovered Evidence by Christopher Zoukis (p 20)
• Texas Court of Criminal Appeals Holds Sua Sponte Jury Instruction on Self-Defense Also Applies to Lesser-Included Charges by Dale Chappell (p 20)
• NY Court of Appeals Affirms Dismissal of DWI for Improper Breathalyzer Refusal Warning by Dale Chappell (p 19)
• 10th Circuit: Oklahoma’s Second-Degree Burglary Not an ACCA Qualifying Offense by David Reutter (p 18)
• New Jersey Supreme Court Holds 2014 Amendment to Megan’s Law Violates Ex Post Facto Clause by Dale Chappell (p 18)
• California Court of Appeal Holds Box Cutter Not ‘Inherently’ Deadly Weapon by Dale Chappell (p 17)
• Kentucky Supreme Court Overrules Flawed Brindley Opinion and Announces Commonwealth Cannot Appeal Judgment of Acquittal by Dale Chappell (p 16)
• Eight Death Row Prisoners Opt for Untested Nitrogen Gas Over Inhumane Lethal Injection by Betty Nelander (p 16)
• Prosecutors Use Their Power to Help Reform Criminal Justice (p 15)
• Iowa Supreme Court Announces Actual Innocence Claim Is Freestanding Claim That Can Be Made Even After Guilty Plea by Dale Chappell (p 14)
• NY Court of Appeals Holds Trial Court’s Failure to Advise Defense of Jury Note Contents Constitutes Reversible Error by Dale Chappell (p 14)
• Insurance, Courts Protect Cops from Liability by Dale Chappell (p 13)
• The Broad Reach of Carpenter v. United States by Paul Ohm (p 12)
• Plainclothes Officers, 6 percent of NYC Police Force, Involved in 31 percent of Fatal Police Shootings by Matthew Clarke (p 10)
• Warning: Integrity of judicial process at risk by Sandy Rozek
• News in Brief (p 42)
• From Abuse of the Body to Abuse of the Mind: Police Use Psychologically Coercive Interrogation Techniques to Produce False Confessions by Christopher Zoukis (p 1)
• First Circuit Reverses Summary Judgment on Guard’s Disparate Treatment Claim by Mark Wilson
• $1.275 million settlement awarded to sheriff whistleblower who testified in federal obstruction case by Edward Lyon

August

• East Pittsburgh Officer Charged in Shooting of Unarmed Teen by Dale Chappell
• The power of sheriffs rooted in U.S. history by Edward Lyon
• How Coercive Interrogations Can Lead to a False Confession by Brian Leslie (p 28)
• $9 Million Settlement in Baltimore Wrongful Conviction Case by Christopher Zoukis (p 29)
• Fifth Circuit Affirms Habeas Relief Granted to Louisiana Prisoner Who Overcame SOL by ‘Credible Showing of Actual Innocence’ by Christopher Zoukis (p 30)
• Minneapolis Police Used EMS Staff to Drug Certain Suspects, Report Says by Betty Nelander (p 31)
• U.S. Supreme Court: Drivers of Rental Cars Not on Rental Agreement Have Expectation of Privacy by Dale Chappell (p 32)
• Seventh Circuit: ‘Force’ for Aggravated Sexual Abuse Requires ‘Physical Force,’ Not Psychological Coercion by Christopher Zoukis (p 32)
• U.S. Supreme Court’s Carpenter Decision a Warning to Police on Warrantless Data Searches by Derek Gilna (p 34)
• Washington Supreme Court Clarifies Process by Which Insanity Acquittees May Petition for Release by Christopher Zoukis (p 34)
• SCOTUS’ Unanimous Death-Penalty Jury Verdict Decision Affecting Florida Cases by Derek Gilna (p 35)
• New Kansas Law Compensates Those Wrongfully Convicted by Dale Chappell (p 35)
• Georgia Defense Attorney Wins Another ‘Jury-Nullification’ Case by Derek Gilna (p 37)
• New Jersey Appellate Division Extends Urbina Self-Defense Rule to Defense of Others in Plea Allocution by David Reutter (p 36)
• Virginia Supreme Court Holds Convictions for Common Law and Statutory Involuntary Manslaughter Violate Double Jeopardy Clause by Dale Chappell (p 36)
• Cato Institute: Require Cops to Carry Liability Insurance by Christopher Zoukis (p 37)
• SCOTUS Issues Landmark Fourth Amendment and Digital Privacy Opinion in Carpenter (p 38)
• Eighth Circuit Rules Officer’s Inability to Read Temporary Vehicle Tag Does Not Justify Traffic Stop, Evidence Obtained Must be Suppressed by Christopher Zoukis (p 39)
• First Circuit Holds Appeal Not Barred by Plea Agreement Waiver Provision When Sentence Exceeds Agreement by David Reutter (p 40)
• New York City Decriminalizes Some Public Smoking of Marijuana in Policy Shift by Derek Gilna (p 40)
• Can Cops Shoot a Fleeing Suspect in the Back? by Dale Chappell (p 41)
• Texas Courts Rubber Stamp Post-Conviction Fact Findings in Death Penalty Cases, Study Says by Matthew Clarke (p 41)
• New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms by Christopher Zoukis (p 42)
• Hawaii Supreme Court Vacates Conviction Due to Prosecutor’s Bogus Argument Attacking Defense Counsel by Matthew Clarke (p 28)
• Drug Detection Using Fingerprints in the Works by Matthew Clarke (p 27)
• Sixth Circuit Reverses Relevant Conduct Firearm Enhancement Because No Connection Between Possession Charges Based on Two Separate Shootouts by Christopher Zoukis (p 26)
• Kansas Supreme Court: Deadly Weapon-Use Finding Prerequisite to Imposing Violent Offender Registration Requirement by Matthew Clarke (p 26)
• Third Circuit Grants Habeas Relief to Prisoner Convicted of First-Degree Murder Without Evidence of Specific Intent to Kill by Christopher Zoukis (p 25)
• Why Sex Offender Registries Keep Growing Even as Sexual Violence Rates Fall by Steven Yoder (p 24)
• NYPD’s Lack of Disciplinary Record Transparency Frustrates Prosecutors by Betty Nelander (p 23)
• Maryland’s Top Court Rules Actual Notice by Trial Judge Unnecessary to Trigger Hearing Requirement On Defendant’s Request to Replace Defense Counsel by Christopher Zoukis (p 22)
• Immigration Authorities Seize Wrongfully Convicted Man After Release by Matthew Clarke (p 22)
• Chicago Tries to Reduce Deficit at its Poorer Citizens’ Expense by Edward Lyon (p 20)
• Kansas (Finally) Outlaws Sex Between Cops and Detained Citizens (p 19)
• California Property Owners Billed for Their Own Prosecution by Christopher Zoukis (p 20)
• What Some Prison Sentence Lengths Actually Reflect by Edward Lyon (p 18)
• Trial Lawyer Advocates ‘Jury Nullification’ To Acquit the Unjustly Accused by Derek Gilna (p 18)
• Academic Paper Highlights Need to Tighten Rules for Fingerprint Evidence in Light of False-Positive Error Rate by Steve Horn (p 16)
• New York City Gang Database Increases 70 Percent Since 2014 by Derek Gilna (p 15)
• South Dakota Supreme Court Rules that Trial Court Cannot Reject a Plea Agreement It Already Implicitly Accepted by Christopher Zoukis (p 14)
• New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release by Dale Chappell (p 13)
• Iowa Supreme Court: Relief from Conviction Not Required When Suing for Legal Malpractice Based on Wrongful Sentence by Dale Chappell (p 12)
• South Dakota Supreme Court Announces Search Incident to Arrest Exception to Warrant Requirement Does Not Apply to Collection of Urine Sample Upon Arrest by Dale Chappell (p 14)
• Armed and Dangerous: If Police Don’t Have to Protect the Public, What Good Are They? by John W. Whitehead (p 10)
• There’s No Rational Way to Justify America’s Drug Laws by Maia Szalavitz (p 8)
• News in Brief (p 42)
• Secondary DNA Transfer: The Rarely Discussed Phenomenon That Can Place the Innocent (and the Dead) at a Crime Scene They’ve Never Been To by Christopher Zoukis (p 1)
• Suburban Boston Town Backpedals on Steep Police Official Raises by Derek Gilna

July

• $330,000 Awarded to Brooklyn Woman and Minor Nephew over False Arrest and Two Years of Malicious Prosecution by Christopher Zoukis
• Federal Jury Awards Michigan Woman $1,048,000 over Retaliatory Arrests by Christopher Zoukis
• $190,000 for Man Falsely Arrested and Maliciously Prosecuted by NYPD by Christopher Zoukis
• $99,000 Settlement Reached in Negligent Enforcement of Protection Order Case by Christopher Zoukis
• Two Men Unlawfully Searched and Falsely Arrested for Sitting in Vehicle Settle with Middletown, N.Y., Cops by Christopher Zoukis
• Courts Have Made Social Media a Landmine for Defendants. Could It Change Soon? by Steve Horn (p 1)
• $600,000 Awarded Missouri Man in Legal Malpractice Verdict After 17 Years in Prison (p 19)
• Denver Under Fire For Law That Critics Describe as Legalized ‘Car Stealing’ by Derek Gilna (p 20)
• Pennsylvania Supreme Court Announces Search Warrant Required for Nonconsensual Entry into Any Residence to Carry Out Arrest Warrant by Richard Resch (p 20)
• Mississippi Supreme Court Clarifies that Appellate Courts Never Serve as ‘13th Juror’ for Motion for New Trial by David Reutter (p 21)
• New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release by Dale Chappell (p 22)
• #Policetoo: 35 States Allow ‘Consensual’ Sex Between Police and Detainees by Christopher Zoukis (p 22)
• Texas Court of Criminal Appeals Announces ‘Finality’ Under Sentence Enhancement Provision for Out-of-State Convictions Governed by Texas Law by Dale Chappell (p 23)
• Durham, North Carolina, Opts Out of Military-Style Training for Police by Christopher Zoukis (p 23)
• Seventh Circuit Affirms Suppression of Evidence Because Traffic Stop Unreasonably Prolonged by Christopher Zoukis (p 24)
• Montana Supreme Court Holds Failure to Instruct Jury on State’s Burden of Proof is Plain Error by Dale Chappell (p 25)
• Utah Supreme Court: Procedural Due Process Violated Where Failure to Participate in Sex Offender Treatment Program Used to Deny Parole to Prisoner Not Convicted of Sex Offense by David Reutter (p 26)
• Eleventh Circuit Holds Florida Drug Trafficking Statute Indivisible and Overbroad for Removal Under Immigration and Nationality Act by Dale Chappell (p 26)
• Biased Facial Recognition Systems Are Coming to a Law Enforcement Agency Near You by Christopher Zoukis (p 27)
• Washington Supreme Court: Nexus Between Property Searched and Probation Violation Required for Warrantless Search of Probationer’s Property by Dale Chappell (p 28)
• Missouri High Court Holds Checkbox-Style Search Warrant Constitutes an Unconstitutional General Warrant by Dale Chappell (p 28)
• $1 Million Paid by NYC to Settle False Arrest Claim (p 29)
• Government Eyes Are Watching You: We Are All Prisoners of the Surveillance State by John W. Whitehead (p 30)
• Kansas Supreme Court: Judge’s ‘Thwarting’ of Defendant’s Right to Self-Representation was Structural Error Requiring Reversal of Convictions by Dale Chappell (p 32)
• New Jersey Supreme Court: Substantive Error to Amend Indictment to Change Degree of Felony on Eve of Trial by Matthew Clarke (p 33)
• Seattle to Toss Old Pot Convictions (p 33)
• Missouri Supreme Court Clarifies No Resisting Arrest Charge Once Arrest is Completed by Dale Chappell (p 34)
• Fifth Circuit Grants § 2255 Petition Challenging Failure to Register Conviction for Ineffective Assistance of Counsel by Christopher Zoukis (p 34)
• FBI Data Reveal ‘War on Cops’ is Nonexistent by Dale Chappell (p 35)
• South Carolina Supreme Court Clarifies When Court Can Deny Right to Self-Representation; Orders New Trial by Dale Chappell (p 36)
• Pennsylvania Supreme Court Vacates Intellectually Disabled Prisoner’s Death Sentence by Christopher Zoukis (p 36)
• Pennsylvania Supreme Court Announces New Rule to Allow IAC Claims for Fine-Only Sentences by Dale Chappell (p 37)
• Ninth Circuit: Younger Abstention Not Appropriate in Habeas Case Challenging Lack of Constitutionally Sufficient Bail Hearing by Christopher Zoukis (p 38)
• Delaware Supreme Court Reverses Criminally Negligent Homicide Because Conduct was ‘Too Remote’ from Cause of Death by Dale Chappell (p 38)
• Is FBI Using Classified Tools for Everyday Investigations? by Christopher Zoukis (p 39)
• Legally Thrown in Jail for Wanting to File a Complaint Against Police (p 39)
• District Court Grants Bail in a Drug Case Over Government’s Typical Assertion That ‘No Condition or Combination of Conditions Would Reasonably Assure the Defendant’s Presence at Trial’ (p 40)
• Powerful District Attorney Lobbies Improperly Influence Law Making by Matthew Clarke (p 40)
• NYPD Hands Out Business Cards So Suspects Can Rate Their Encounter with Cops (p 41)
• State Attorney in Vermont Won’t Prosecute Misdemeanor Opioid Treatment Drug Cases by Betty Nelander (p 41)
• News in Brief (p 42)
• Ninth Circuit Rules Weekends in Jail Count as Time ‘In Prison’ by Dale Chappell (p 42)
• The Long, Dark History of Law Enforcement’s Warrantless Bus Searches by Steve Horn (p 14)
• Louisiana Supreme Court: Jury May Not Speculate on Guilt When Evidence Is Lacking by Dale Chappell (p 18)
• Risk Assessment Software: Biased and No Better Than Human Behavior Prediction by Christopher Zoukis (p 18)
• Daily Caller Investigation Lays Opiate Crisis at Feet of DEA by Derek Gilna (p 17)
• SCOTUS: Warrantless Invasion of Curtilage to Conduct Search Unconstitutional by Richard Resch (p 13)
• Dial T for Tyranny: While America Feuds, the Police State Shifts Into High Gear by John W. Whitehead (p 12)
• Non-Unanimous Jury Verdicts Give Prosecutors ‘Awesome Power’ and Have Racist Roots by Dale Chappell (p 11)
• Nearly 43 percent of Spokane police shootings were Native Americans by R. Bailey
• $25,000 Settlement Offer from NYPD over Assault, False Arrest Accepted by Parolee by Christopher Zoukis
• $30,000 Settlement for Brooklyn Man Falsely Arrested by NYPD by Christopher Zoukis
• $91,615 Awarded to Injured Aramark Employee After Indiana Jury Finds Against Prison by Christopher Zoukis
• Disabled Louisiana Police Department Employee Settles Discrimination Suit with City by Christopher Zoukis
• Public to pay for retirement of N.J. officer with four excessive uses of force by R. Bailey
• 911 'swatting' prank excuses officer's fatal shooting by R. Bailey
• $1.25M Settlement for Chicago Man Coerced into Confessing to Rape and Murder by Christopher Zoukis
• Detroit police veteran arrested after obstructing other officers by R. Bailey
• False Arrest of Florida Attorney by Fort Lauderdale Police Results in $600,000 Verdict by Christopher Zoukis

June

• Georgia Prisoner Loses Mandamus Appeal Seeking Trial Records by Edward Lyon
• $400,000 Settlement Accepted by Michigan Parolee Over Force by Police, Parole Officers by Christopher Zoukis
• $224,528 Awarded to County Jail Employee in New York Retaliation Suit by Christopher Zoukis
• News in Brief (p 42)
• 10th Circuit: Observation of Stack of 15 Credit Cards Does Not Provide Police With Probable Cause to Examine Name on Cards for Evidence of a Crime by Christopher Zoukis (p 42)
• Idaho Supreme Court Orders Acquittal for Insufficient Identification of Drug by Matthew Clarke (p 41)
• $10 Million Award for California Man Wrongfully Imprisoned by Derek Gilna (p 38)
• Ninth Circuit: Violations Alleged After Expiration of Supervised Release Term Must be Factually Related to Pre-Expiration Allegation by Richard Resch (p 39)
• Delaware Supreme Court Describes What Constitutes ‘Effective’ Counsel at Sentencing by Dale Chappell (p 35)
• Golden State Killer Suspect Arrest Opens Floodgates for Law Enforcement Use of DNA Websites by Steve Horn (p 40)
• Pennsylvania Supreme Court Holds Any Search of Cellphone Requires Warrant by Dale Chappell (p 38)
• Wyoming Supreme Court Adopts ‘Castle Doctrine’ for Cohabitants by Dale Chappell (p 37)
• Ninth Circuit Reverses Conviction for Transporting an Illegal Alien Due to Improper Jury Instruction by Christopher Zoukis (p 36)
• Junk Science Puts Innocent People in Prison and Keeps Them There by Matthew Clarke
• Eleventh Circuit Clarifies When a Court Must Conduct Resentencing Following § 2255 Relief by Dale Chappell (p 32)
• California Court of Appeal Rejects Gang Enhancement Based on Expert Witness’ Case-Specific Hearsay Evidence by Christopher Zoukis (p 32)
• Third Circuit Reverses Occupational Restriction in Excess of Statutory Maximum for Supervised Release by Matthew Clarke (p 31)
• New Mexico Supreme Court Reverses Convictions Based on Double Jeopardy Violations by Christopher Zoukis (p 30)
• Virginia Supreme Court Grants Relief Under Revised Actual Innocence Statute by Dale Chappell (p 30)
• Colorado High Court Clarifies Crime-Fraud Exception to Attorney-Client Privilege by Dale Chappell (p 34)
• The Dominant Witness Theory: How Eyewitness Identification Becomes Flawed by Brian Leslie
• SCOTUS: Sixth Amendment Right to Autonomy — Attorney Cannot Overrule Client’s Decision to Assert Innocence at Trial by Richard Resch
• Florida Supreme Court Announces SOL Defense Must be Raised at Trial to Preserve Issue for Direct Appeal by Richard Resch (p 28)
• California Supreme Court Vacates Conviction and Death Sentence After Experts Recant Testimony by Dale Chappell (p 27)
• Colorado Supreme Court: ‘Entry of Judgment’ for New Trial Motion Means Both Conviction and Imposition of Sentence by Dale Chappell (p 26)
• Vermont Supreme Court: Defendant Cannot be Compelled to Submit to Competency Evaluation by State’s Expert by David Reutter (p 26)
• Ninth Circuit: California Carjacking Not a Crime of Violence Post-Johnson by Christopher Zoukis (p 23)
• Ohio Supreme Court: Prisoner Entitled to Results of Post-Conviction DNA Profile by Matthew Clarke (p 22)
• No Increase in Murder Rate for Civilians or Police Following Abolition of Death Penalty by Matthew Clarke (p 22)
• Execution Numbers Down in 2017 by Christopher Zoukis (p 25)
• Minnesota Supreme Court: Prisoner Entitled to Appointed Attorney for One Review of Conviction, Even When It’s Not a Direct Appeal by Christopher Zoukis (p 24)
• Web-Based Database Exposes Depth and Breadth of Police Criminality by Derek Gilna (p 24)
• Sixth Circuit: Statute of Limitations for § 1983 Claim Accrues When Criminal Proceedings are Terminated by Christopher Zoukis (p 21)
• DOJ: Police Shooting Family Dogs has Become ‘Epidemic’ by Dale Chappell (p 20)
• New Mexico Supreme Court Holds SCOTUS Prohibition Against Warrantless Blood Tests in DWI Cases Applies Retroactively by Matthew Clarke (p 18)
• S.C. Supreme Court Rules Counsel’s Failure to Recognize Ex Post Facto Issue in Advising Defendant to Accept Plea Deal Constituted IAC by Dale Chappell (p 18)
• Alabama’s Most Populous County Reaches Bail Reform Settlement, But Problems Could Persist by Steve Horn (p 16)
• Sixth Circuit Suppresses Evidence Where Triggering Event Specified in Anticipatory Search Warrant Never Occurred by Richard Resch (p 17)
• Philly Prosecutor’s ‘Do Not Call’ List Released; Names Cops Not to Call to the Stand by Christopher Zoukis (p 15)
• Ohio Supreme Court: Policy of Inventory Search Upon Arrest Does Not Empower Police to Retrieve Property from Area Protected by Fourth Amendment by Dale Chappell (p 14)
• Texas Court of Criminal Appeals: Lawyer’s Failure to Advise Client of Opinion Making It Impossible for State to Meet Its Burden of Proof Constitutes Ineffective Assistance of Counsel by Matthew Clarke (p 13)
• Do Black Lives Matter in the Supreme Court? by Michael Avery (p 10)
• SCOTUS Adopts ‘Look Through’ Methodology for Federal Courts in Determining State Court’s Rationale for Unexplained Habeas Decision by Richard Resch (p 9)
• Cell-Site Simulators: Police Use Military Technology to Reach out and Spy on You by Christopher Zoukis (p 1)
• Family of Man Shot and Killed by San Bernardino Police Agrees to $575,000 Settlement by Christopher Zoukis
• Marijuana Selling License Denied Due to Spouse’s Criminal Background
• $600,000 Awarded Missouri Man in Legal Malpractice Verdict After 17 Years in Prison by Monte McCoin
• Maryland Couple Questioned After Police Misidentify Mushrooms in Facebook Post by Monte McCoin

May

• Eric Schneiderman, Once a Champion of Women, Now Accused of Assaulting Four by Steve Horn
• Golden State Killer Suspect Arrest Opens Floodgates for Law Enforcement Use of DNA Websites by Steve Horn
• Study: Racism and Over-incarceration Pervade Juvenile Detention
• Eyewitness Sketches Provide ‘Stormy’ Results, Can Lead to False Convictions by Steve Horn
• Study: Unionized Police? Increased Misconduct by Derek Gilna (p 42)
• ‘Serious Bodily Harm’ Does Not Include Animals, Massachusetts Supreme Court Holds by Dale Chappell (p 41)
• Georgia Supreme Court Vacates Convictions and Sentences Due to Merger Errors by Matthew Clarke (p 41)
• Rhode Island High Court Abolishes Shatney in Initial Application for Postconviction Relief by Prisoners Serving Life Without Parole by Matthew Clarke (p 40)
• North Dakota Supreme Court Announces Interpretation of Restitution Statutes by Christopher Zoukis (p 40)
• Fifth Circuit: 96-Day Pretrial Detention Without Appearance Before Judge or Chance to Post Bail Violates Fourteenth Amendment Due Process Rights by Matthew Clarke (p 39)
• Fifth Circuit Holds Prisoner May Sign and Deliver Habeas-Related Motion on Behalf of Fellow Prisoner Under Prison Mailbox Rule by Dale Chappell (p 38)
• Federal Judge Excludes Evidence After FBI Lies on Search Warrant Affidavit, Geek Squad on FBI payroll by Matthew Clarke (p 37)
• ‘Black Identity Extremists’ Added to FBI List of Domestic Terrorists by Christopher Zoukis (p 36)
• The G-Men are Coming: Local Cops Partner with Federal Authorities to Deport Undocumented Immigrants by Christopher Zoukis (p 35)
• U.S. Supreme Court: Death Penalty Case Involving Racist Juror Requires Further Consideration by Christopher Zoukis (p 34)
• Ohio Supreme Court Holds State Cannot Prove ‘Bulk Amount’ of Fentanyl Under Statute by Dale Chappell (p 33)
• Colorado Supreme Court: Conviction of Drunk Motorist for Attempted Reckless Manslaughter and Attempted Second Degree Assault Requires Risk to Discernable Person, Not Merely Public At-Large by Christopher Zoukis (p 36)
• U.S. Supreme Court Resolves Split Among Circuit Courts of Appeals on Tax Code § 7212(a) by Richard Resch (p 34)
• Ninth Circuit Reverses Drug Smuggling Conviction for Improper Exclusion of Evidence of Third-Party Culpability by Christopher Zoukis (p 32)
• Arizona Supreme Court: Trial Court Must Tell Jury Defendant Ineligible for Parole in Death Penalty Phase by Dale Chappell (p 32)
• American hero or manipulative monster? by Sandy Rozek
• Iowa Supreme Court Rules District Courts Have Authority to Hear Postconviction Relief Actions Involving Deprivation of Liberty or Property Interest by David Reutter (p 31)
• Innocence be Damned: Prosecutors Who Disregard Justice in Push to Win at Any Cost by Dale Chappell (p 30)
• Cautionary Tale: Visible Fingertips in Cellphone Pictures Can Get You Arrested by Steve Horn (p 28)
• D.C. Circuit Vacates Sentence Because Government Breached Plea Agreement by Providing Defendant’s Confidential Statements to Sentencing Court by Dale Chappell (p 28)
• Colorado Supreme Court Limits Bottom End of Aggravated Sentencing Statute for Habitual Sex Offenders by Christopher Zoukis (p 27)
• New Report: 60 Percent of Exonerations Stem from Official Misconduct by Steve Horn (p 26)
• Washington High Court Issues New Rule Making Immigration Status Inadmissible by Derek Gilna (p 26)
• LA County Deputy Sheriff Awarded $4.5 Million in Retaliation Suit by Christopher Zoukis
• ‘Shaken Baby Syndrome’ Diagnoses Discredited, Convictions Questioned by Matthew Clarke (p 24)
• Captured: ‘Golden State Killer’ Wanted for 12 Murders and 50 Rapes Turns Out To Be Former Sacramento-Area Cop by Derek Gilna (p 24)
• Louisiana: No Charges for Cops Who Shot Alton Sterling, Despite Body-Cam Evidence by Monte McCoin (p 23)
• Coast to Coast, Sex Offender Residency Restrictions Waste Money, Create Havoc by Sandy Rozek (p 22)
• ‘Broken Windows’ Policing Results in Police Lying About Unlawful Stops by Matthew Clarke (p 22)
• Drug-Induced Homicide Laws Hurt Rather Than Help Opioid Overdose Crisis by Dale Chappell (p 21)
• Pennsylvania Supreme Court Rules FBI Admission Microscopic Hair Analysis Wrong 90% of the Time is Newly Discovered Fact Allowing Untimely Post-Conviction Relief Petition by Christopher Zoukis (p 20)
• Habeas Hints: Understanding and Satisfying the Strickland Test for IAC by Kent A. Russell, Tara Hoveland (p 18)
• Book Review: California Habeas Handbook 2.0 by Kent A. Russell by Christopher Zoukis (p 16)
• Victory: Virginia Supreme Court Delivers Blow to Police Use of License Plate Reader Technology to Track Drivers, Surveil Citizens by The Rutherford Institute (p 16)
• U.S. Supreme Court Holds Residual Clause Definition of ‘Crime of Violence’ Unconstitutionally Vague Under Due Process Clause by Dale Chappell (p 14)
• Vague Criminality and Mass Incarceration: Will Dimaya End the Insanity? by Leah Litman (p 12)
• New York Times Investigation Spotlights NYPD Practice of ‘Testilying’ by Derek Gilna (p 11)
• News in Brief (p 42)
• Sex Offender Registries: Common Sense or Nonsense? by Christopher Zoukis (p 1)
• Parallel Construction: Building Criminal Cases Using Secret, Unconstitutional Surveillance (p 1)
• Police ‘Command and Control’ Culture Is Often Lethal — Especially for People With Disabilities
• $150,000 Jury Award Against NYPD for Excessive Force, False Arrest by Christopher Zoukis
• Victory: Virginia Supreme Court Delivers Blow to Police Use of License Plate Reader Technology to Track Drivers, Surveil Citizens
• Honoring Police Includes Acknowledging Systemic Reform Is Needed
• New Jersey Student Receives $290,000 Settlement after July 4 Police Assault by Christopher Zoukis
• Florida Man Arrested After He Flipped Off Pittsburgh Cop; Settles First Amendment Claim for $50,000 by Christopher Zoukis
• Racially Motivated Traffic Stop and Arrest by Texas Police Leads to Settlement by Christopher Zoukis
• Arrest of War Protesters in Seattle Leads to Civil Rights Settlement by Christopher Zoukis
• Jury Awards Missouri Man $35,000 for Traffic Stop Assault by Christopher Zoukis
• Arkansas Woman Awarded $4,000 by Federal Jury Against Texarkana Police by Christopher Zoukis
• Deaf Oregon Man Awarded $157,500 over Police Mistreatment by Christopher Zoukis
• California Man Awarded $10,000 by Federal Jury After LAPD Assault by Christopher Zoukis
• D.C. Woman Awarded $250,000 after Assault by Metro Transit Police by Christopher Zoukis
• Imprisoned for Offering Oral Sex: Ill-Founded Laws Criminalize People With HIV

April

• New York Times Investigation Spotlights NYPD Practice of ‘Testilying’ by Derek Gilna (p 42)
• New Washington State Law Removes ‘Actual Malice’ Roadblock in Police Prosecutions by Derek Gilna (p 41)
• Arizona Supreme Court Announces Defendants May Claim Both Self-Defense and Misidentification by Richard Resch (p 40)
• Iowa Supreme Court Announces Indecent Exposure Statute Does Not Apply to Still Images of Genitals by Dale Chappell (p 40)
• $175,000 Settlement Reached in Lawsuit Alleging Officers Literally Tried to Feed Graffiti Suspects to K-9s by Christopher Zoukis (p 39)
• New Jersey Supreme Court Interprets Criminal Harassment Statute to Avoid First Amendment Problem by Christopher Zoukis (p 39)
• Prosecutors’ Offices Taking Thousands in Grant Money, Fueling Crackdown on Sex Buyers by Steve Horn (p 38)
• $325,000 Paid by Sheriff’s Office to Settle Fatal Shooting Case Over Not Wearing Seat Belt by Derek Gilna (p 37)
• Privacy Advocates Concerned About Google AI and Pentagon Drone Surveillance by Derek Gilna (p 37)
• Intellectual Disability and Wrongful Conviction in Death Cases: A Lethal Combination by David Reutter (p 36)
• Philadelphia Tests Automating the Bail Risk Assessment Process by David Reutter (p 36)
• Eighth Circuit: Teague Analysis Bars Retroactive Application of Padilla Ineffective Assistance of Counsel Claim by Christopher Zoukis (p 35)
• The ‘Office Shuffle’: Ohio Police Recycle Bad Apples Among Rural Departments by Matthew Clarke (p 34)
• Former Civil Rights Lawyer Krasner Puts Justice Reform into Practice as New Philly DA by Derek Gilna (p 34)
• Mississippi Supreme Court Reverses Conviction Ruling; State Failed to Prove ‘Constructive Possession’ of Marijuana by Dale Chappell (p 33)
• Sixth Circuit Denies Qualified Immunity for Officers in No-Knock Home Entry Case by Richard Resch (p 32)
• Sentencing Court’s Grant of Prior Custody Credit was Not ‘Clear Error’ to Allow for Removal by Dale Chappell (p 32)
• NYU Students Form Dollar Bail Brigade to Help Free New Yorkers Held on $1 Bail by Christopher Zoukis (p 31)
• Illinois Supreme Court Strikes Down Part of Two Stalking Statutes as Unconstitutional by Richard Resch (p 30)
• Texas District Attorney Stops Prosecuting Trace Drug Cases (p 29)
• Trenton Police Officers’ ‘Violent’ Comments Captured on Body Camera by Derek Gilna (p 29)
• Kansas Supreme Court Rules Grant of ‘Use’ Immunity Insufficient to Compel Testimony by Richard Resch (p 28)
• Massachusetts High Court Vacates Felony-Murder Conviction for Failure to Suppress Cellphone Search by Christopher Zoukis (p 28)
• Study: Unionized Police? Increased Misconduct by Derek Gilna (p 27)
• Utah Supreme Court Changes Course on Admissibility of Preliminary Hearing Testimony at Trial by Christopher Zoukis (p 26)
• 9th Circuit: District Court Improperly Deferred to Nevada Supreme Court in AEDPA Analysis by David Reutter (p 26)
• California Supreme Court Grants Habeas Petition and Vacates Capital Murder Conviction Due to False Expert Testimony at Trial by Richard Resch (p 25)
• Controversial Police Interrogation Technique That Often Results in False Confessions Abandoned by Influential Training Consultant by Matthew Clarke (p 24)
• $42 Million Paid Out in Decade of New Jersey Police Criminality, Abuse (p 23)
• First Circuit Modifies Emergency Aid Doctrine for Warrantless Entry of a Home by Richard Resch (p 22)
• Texas Quietly Authorizes Nation’s First Public Safety Employees Treatment Courts by Matthew Clarke (p 22)
• Kansas Supreme Court Nixes Probation After Full Sentence of Confinement Served by Edward Lyon (p 21)
• Eleventh Circuit Holds Court May Not Dismiss 2255 Motion by Invoking Collateral Attack Waiver Sua Sponte by Dale Chappell (p 20)
• $300,000 Settlement in Suit Over Death of Intoxicated Man Abandoned by Deputies by Matthew Clarke (p 20)
• Wisconsin’s 6,000-plus Untested Rape Kits Include Over 2,000 Involving Child Victims by Matthew Clarke (p 19)
• Texas Court of Criminal Appeals: Furtive Gestures, Brief Visit Not Probable Cause by Dale Chappell (p 18)
• Qualified Immunity: The Supreme Court’s Unlawful Assault on Civil Rights and Police Accountability by Jay Schweikert (p 18)
• Asset Forfeitures Fund New York DA’s Office Bonuses (p 17)
• U.S. District Court in Georgia Holds Spousal Testimonial Privilege Applies to Pre-Marital Events (p 16)
• N.C. Supreme Court Rules Deficient Indictment Not Jurisdictional and Issue Can’t be Raised for First Time on Appeal by Dale Chappell (p 13)
• The Sex Offender Registry: It’s Not What You Think by Sandy Rozek (p 12)
• Congressional Spending Bill Provision ‘Clouds’ Constitutional Rights in Criminal Probes by Steve Horn (p 14)
• Seventh Circuit Finds Plain Error Where Guilty Plea Accepted Without Rule 11 Colloquy by Christopher Zoukis (p 11)
• Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides by Brandon Sample (p 10)
• Texas Court of Criminal Appeals Holds Defendant Entitled to Self-Defense Jury Charge if There is Any Evidence to Support It by Matthew Clarke (p 9)
• From the Editor by Richard Resch (p 8)
• N.Y.’s Top Court Clarifies Freedom of Information Exemption for Disclosure of Confidential Sources of Information by Christopher Zoukis (p 7)
• News in Brief (p 42)
• FBI Training Manuals, Guidelines May Be Exempt from FOIA Disclosure by Matthew Clarke
• 7th Circuit Affirms Dismissal of Illinois Prisoner's Civil Rights Lawsuit by Matthew Clarke

March

• The sex offender registry: It’s not what you think by Sandy Rozek
• Oregon Police Illegally Enter, Search, Issue Bogus Citation by Edward Lyon
• Arrested, Held Incommunicado, Oregon Man Sues by Edward Lyon
• $13,500 to Oregon Woman for Wrongful Arrest, Unlawful Search by Edward Lyon
• Indigent Defense in America: An Affront to Justice by Christopher Zoukis (p 1)
• News in Brief (p 42)
• Mississippi Supreme Court Caps Attorney’s Fees in Wrongful Conviction Cases at 25% (p 42)
• West Virginia Supremes: Previous Nonviolent Crimes, Life Sentence Unconstitutional by Dale Chappell (p 41)
• Fourth Circuit: No Qualified Immunity for Deputies in Shooting of Armed Suspect by Dale Chappell (p 40)
• California Court of Appeal Holds State Must Prove Stolen Car’s Value for Felony Theft of Vehicle Conviction by Dale Chappell (p 40)
• Don't Take a Genetic Test Without Reading This First (p 39)
• “Get Out of Jail” Free Cards for Cops’ Family, Friends Cut by Christopher Zoukis (p 39)
• Even Prosecutors Can’t Get Secret List of L.A. Cops With Credibility Problems by Dale Chappell (p 38)
• Sixth Circuit: Sentence Enhancement Inapplicable, Sales of Guns and Drugs Separate by Dale Chappell (p 38)
• Philly Decriminalizes Possession of Small Amounts of Marijuana by Christopher Zoukis (p 37)
• Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness by Derek Gilna (p 37)
• New York Court of Appeals: Defendant Denied Right to Speedy Trial After 6-Year Delay by Richard Resch (p 36)
• Texas Supremes: Possession of Gun Does Not Constitute “Use” Under Forfeiture Statute by Dale Chappell (p 36)
• Inadequate Public Defender Offices Prompt ACLU Suit by Dale Chappell
• Mass. Supremes: Consent to Search in Vehicle Did Not Extend to Engine by Richard Resch (p 34)
• Gang Enhancement: California Court Reverses Denial of Motion for New Trial by Derek Gilna (p 34)
• $900,000 to Octogenarian Tased by Police (p 33)
• Fired New Orleans Cops Just Move to Other Departments by Dale Chappell (p 33)
• U.S. Supreme Court: Guilty Plea No Bar to Defendant Challenging Constitutionality by Richard Resch (p 32)
• Washington Supremes: Former Prisoner Can Take Bar by Derek Gilna (p 31)
• Illinois Supremes: Barring Firearms Within 1,000 Feet of Parks Facially Unconstitutional by Richard Resch (p 30)
• Lack of Criminal Intent: Missouri Supreme Acquits on Drug Possession Charge by Suzanne Bring (p 30)
• Cops Killed 100 Times More Americans Than Terrorists Did in 2017 by Christopher Zoukis (p 32)
• $275,000 to Man Arrested for Recording Police (p 29)
• 7 Years Pre-Trial Incarceration: Vacated Convictions (p 29)
• Pennsylvania Supreme Court: Police Emergency Lights Next to Parked Car Constitute Seizure by Dale Chappell (p 28)
• California Supreme: “Beyond a Reasonable Doubt” Standard for Second Strike by Edward Lyon (p 27)
• Not Disclosed: NSA-Obtained Evidence by Derek Gilna (p 26)
• Video: A Two-Edged Sword by Michael Avery (p 24)
• $4.8 Million Settles Kansas City Police Shooting by Matthew Clarke (p 23)
• Pennsylvania Supremes: Modified “Vertical” Approach to Collective Knowledge Doctrine by Richard Resch (p 20)
• Defense Fails to Present Diminished Capacity, Ninth Circuit Vacates Murder Convictions by Christopher Zoukis (p 22)
• Kansas Supremes: No Lifetime Post-Release Supervision by Derek Gilna (p 20)
• Mass. Disciplines Prosecutors: No More Business as Usual by Derek Gilna (p 19)
• Miranda Violation: 9th Circuit Reverses Murder Conviction by Christopher Zoukis (p 18)
• Law Enforcement Scrambles to Hide Stingray Use by Derek Gilna (p 18)
• Officer-Involved Shooting Data? Hard to Find! by Christopher Zoukis (p 16)
• Defendant’s Right to Testify Violated: Hawaii Supreme Vacates Conviction by Norma Gonzalez (p 16)
• Georgia Attempts to Limit Access to Official State Law by Derek Gilna (p 15)
• Sheriff Wanted Medical Examiner to Alter Reports by Dale Chappell (p 14)
• Witness Misidentification: Ohio Man’s 14 Convictions Vacated by Mark Wilson (p 14)
• Texas: Retroactive Application of Law That Decriminalized Specific Conduct Not Violation of Separation of Powers by Dale Chappell (p 12)
• Data: High Rate of Sexual Abuse by Cops by Christopher Zoukis (p 12)
• $ Millions to Settle Philly Police Misconduct Cases by Derek Gilna (p 11)
• Fight Mass Incarceration? There’s an App for That by Derek Gilna (p 10)
• Singing Man Ticketed by Christopher Zoukis
• Troopers Try to Frame Activist, But Record It by Derek Gilna
• 15 Crooked Cop Cases Canned by Christopher Zoukis
• Police Caught Planting Drugs--on Body Cam! by Matthew Clarke
• New Jersey Customs Agents Indicted for "Rape Table" by Mark Wilson
• $50 Million Lawsuit Filed in "Cowboy" Tasing that Kills Detroit Teen by David Reutter
• Judge's Husband Profited From Prison Stock by David Reutter
• Shocking Video Shows Police Disparity for Same Actions, Different Races by Dale Chappell
• Most American Indian Tribes Oppose Death Penalty, Regardless of Crime
• Cops Strip Search Woman in Public...Charges Dropped by Matthew Clarke
• Five Years for Cop Who Fired 16 Bullets Into Car of Teens by Christopher Zoukis
• Las Vegas Police Fatally Shoot Mentally Ill Patient Holding Taser
• Qualified Immunity: The Supreme Court’s Unlawful Assault on Civil Rights and Police Accountability
• Confidential ICE Handbook Lays Out Paths for Investigations to Avoid Constitutional Challenges
• $390,000 Settles New Jersey False Arrest Suit by Christopher Zoukis
• $25,000 Jury Award in Federal Civil Rights Case by Christopher Zoukis
• $125,000 Awarded in Oregon Excessive Force Case by Christopher Zoukis
• $11,000 Settles Police Racial Profiling Case by Christopher Zoukis
• $170,000 to Man After Detective "Went Too Far" by Christopher Zoukis
• $21,060 Jury Award for Injuries in Custody by Christopher Zoukis
• $25,000 Settles Rensselaer, New York Police Assault Case by Christopher Zoukis
• $25,000 Jury Award to Florida Man in Police Brutality Suit by Christopher Zoukis
• $750,000 to Cali Man Over Abuse by Cops by Christopher Zoukis
• $300,000 Jury Award to Woman Raped by Cop by Christopher Zoukis
• Forfeiture Funds Fancy Food for Officials by Edward Lyon
• Texas Asked Citizens to Fund Rape Kits by Edward Lyon

February

• Lawsuit Over GEO Group "Voluntary" $1 a Day Work Program Survives Motion to Dismiss by Christopher Zoukis
• Oregon Seizes $121,000 of Deceased Veteran’s Benefits
• Effectiveness of ShotSpotter Not Proven by Derek Gilna
• Parents Sue Deputy Who “Bullied” Their Slain Son into Becoming an Informant by Matthew Clarke
• ACLU Charges Police With Withholding Public Records by Norma Gonzalez
• Colorado Springs Police Target Leftist Group's Peaceful Protest by Dale Chappell
• Reuters: Tasers Contributed to Many Deaths by Matthew Clarke
• Louisiana: Reform Results in Early Releases by David Reutter
• Man Arrested for Crime He Stopped Sues for $1.5 Million by David Reutter
• ABA: Tennessee Court Violates Misdemeanants Right to Counsel by David Reutter
• Florida Sheriff: Sex Offenders, People with Warrants Not Welcome at Hurricane Shelters by Mark Wilson
• Texas Cops Shoot Fleeing, Unarmed Traffic Violators by Mark Wilson
• ACLU Suit: Police Forced Catheters Into Adults and Child by Matthew Clarke
• Former Illinois State Attorney Indicted: Misconduct, Misappropriation of Funds by Dale Chappell
• Broward County Deputy Jailed for Sexual Assault of a Minor by Christopher Zoukis
• Florida Deputy Arrested for Burglarizing 85-Year Old's Home by Derek Gilna
• Report: Asset Forfeiture Distorts Police Priorities by Derek Gilna
• Overzealous Prosecutors Getting the Boot by Christopher Zoukis
• Michigan’s License Suspension Scheme Traps the Poor by David Reutter
• Grand Rapids, Michigan Officer Fired for Excessive Force, Avoids Criminal Charges
• Las Vegas Police Officer Found Guilty of Physically Abusing Handcuffed Suspect by Derek Gilna
• Brooklyn Teen Claims Two NYPD Detectives Raped Her, Demands Justice by Derek Gilna
• Sheriff's Officials Indicted After Abusive School Drug Sweep by Derek Gilna
• 67 Counts for Cop Who Had Sex With Underage Girl by Christopher Zoukis
• Cop Who Firebombed Supervisor's House Gets 20 Years by Christopher Zoukis
• Report: Police Killings on the Rise by Christopher Zoukis
• Cleveland Policeman With History of Excessive Force Arraigned on Assault Charges by Derek Gilna
• Civil Asset Forfeiture: Unfair, Unjust, Un-American by Christopher Zoukis (p 1)
• News in Brief (p 42)
• Driver’s License Required for Conviction as Florida Habitual Traffic Offender by David Reutter (p 41)
• DNA Sketches Answer Prayers, Raise Concerns by Dale Chappell (p 41)
• Research Needed: Do Drug Dogs Respond to Drugs or Handler? by Christopher Zoukis (p 40)
• Questioning the Use of DNA Testing Software in Criminal Prosecution by Christopher Zoukis (p 40)
• Maine Supreme Court: State Must Provide Evidence to Support Probation Revocation by Dale Chappell (p 42)
• Texas Court of Criminal Appeals: Right to Appeal Judge’s Questioning Not Forfeited by Failure to Object by Dale Chappell (p 39)
• Washington Court of Appeals Reverses Murder Conviction Due to Prejudicial PowerPoint by Richard Resch (p 38)
• Louisiana Indigent Defendants Face Death Penalty Without Lawyers by Christopher Zoukis (p 38)
• Two-Party Consent Law Forces Dismissal of 61 Cases in Washington Sting (p 37)
• Georgia Supreme Court Reverses Mutually Exclusive Guilty Verdicts by Christopher Zoukis (p 37)
• Few Indigent Defendants Have Lawyer at Arraignment by Mark Wilson (p 36)
• Ohio Supreme Court: Courts Can Seal Case Records Prior to Expiration of Statute of Limitations by Dale Chappell (p 36)
• Massachusetts Supreme Court: Sleeping Juror Is “Structural Error,” Requires Intervention by Dale Chappell (p 35)
• CA Court Rejects Inventory Search and Inevitable Discovery Arguments in Warrantless Search Case by Richard Resch (p 34)
• California Court of Appeal: Prior Felony Does Not Convert “Wobbler” Into Felony by Dale Chappell (p 34)
• Idaho Supreme Court: Suspicionless Fishing Expeditions Not Tolerated by David Reutter (p 33)
• Georgia Supreme Court Instructs Federal Courts on Its Habeas Review Process by Richard Resch (p 32)
• Houston Police End Use of Error-Prone Drug Field Tests by Matthew Clarke (p 32)
• After 21-Year Imprisonment, Wrongfully Convicted Nevada Man Pardoned by Christopher Zoukis (p 31)
• First Circuit: Plain Error Standard Met When Trial Court Emphasized Erroneous Jury Instruction by Dale Chappell (p 30)
• New York Court of Appeals: Bail Bondsmen May Not Keep Premium If Defendant Not Released (p 30)
• Use of Sentencing Mitigation Videos Grows by Derek Gilna (p 29)
• DNA Evidence: New Jersey Court Vacates Two 1996 Murder Convictions by Mark Wilson (p 28)
• Curb False Confessions: Provide Suspects With Lawyers by Derek Gilna (p 28)
• Fifth Circuit: “Fugitive from Justice” Enhancement Requires Intent to Avoid Prosecution by Dale Chappell (p 27)
• Mississippi Capital Murder Conviction Reversed Due to Prosecutorial Misconduct by Christopher Zoukis (p 26)
• Court of Criminal Appeals of Texas: Holds Trial Objection Enough to Preserve Issue for Appeal by Dale Chappell (p 26)
• $2 Million to Disabled Syracuse Man Tased by Cops by Dale Chappell (p 25)
• Hawaii Supreme Court: Defendants Entitled to Hearing Within 2 Days by Dale Chappell (p 25)
• Seventh Circuit: Capital Case Defendant Denied Pro Se Right Granted Habeas Relief by Christopher Zoukis (p 24)
• Jury Nullification: A Crucial Check on Government Power by Christopher Zoukis (p 23)
• U.S. Murder Clearance Rates Among Lowest in the World by Matthew Clarke (p 22)
• California Legalization of Marijuana Allows Convicted to Petition by Derek Gilna (p 21)
• Second Circuit Vacates 60-Month Sentence in Model Guidelines Sentencing Decision (p 20)
• California Court of Appeal: Prejudice “Presumed” Where Jury Discussed Defendant’s Decision Not to Testify by Dale Chappell (p 19)
• Massachusetts Supreme Court: Permanent Ban on Sealing Record of Sex Offender Unconstitutional by Dale Chappell (p 18)
• Rhode Island Supreme Court Rules “Backseat Driver” Is a Real Thing Under Criminal Statutes by Christopher Zoukis (p 18)
• Iowa Supreme Court: Search of Third-Party at Premises Subject to Warrant Violates State Constitution by Richard Resch (p 17)
• Survival Tip: Don’t Call Cops If You’re Disabled by Dale Chappell (p 16)
• San Francisco and San Diego Expunging Marijuana Convictions Under Prop 64 (p 16)
• Ninth Circuit: Government Cannot Seize Cash Based Solely on Money’s Intended Use by Christopher Zoukis (p 15)
• Unjust Sexual Offense Laws: Insanity and Hope by Brenda Jones, Ken Abraham (p 14)
• Oregon Appeals Court: Defense Counsel Constitutionally Inadequate in Sexual Abuse Case by Mark Wilson (p 13)
• Ninth Circuit Warns Prosecutors Against Interfering With Defendants’ Legal Representation; Reverses First-Degree Murder Convictions by Richard Resch (p 12)
• $5.5 Million Verdict Against LAPD for Taser Death of Former Marine by Derek Gilna (p 11)
• Overworked Missouri Public Defenders Fear Suspensions and Firing by Mark Wilson (p 10)
• Prosecutor’s “Animosity” Toward Defense Leads Oregon Appeals Court to Vacate Convictions by Mark Wilson (p 10)
• $9.5M Settlement Approved by Chicago City Council for Yet Another Excessive Force Case by Derek Gilna (p 9)
• Public Records in Private Accounts Subject to PRA Disclosure by David Reutter
• FOIL Exemption Applies to Civil and Criminal Law Enforcement by David Reutter
• $25 Million Verdict for Shooting by NY Cop by David Reutter
• Florida Sheriff Threatens Arrest of Refugees from Hurricane by David Reutter
• Organizations Acting as Government Subject to Public Records, Open Meetings Laws by David Reutter

January

• Secret ATF Slush Fund Dispensed Millions by Christopher Zoukis (p 41)
• South Carolina Supreme Cancels Thousands of Bench Warrants Due to Constitutional Violations by Christopher Zoukis
• Ohio Supreme Court: Dismissal Without Prejudice Is a Final and Appealable Order by Dale Chappell (p 40)
• The Fair Punishment Project Details an “Epidemic of Brady Violations” by Christopher Zoukis (p 39)
• Misdemeanor Defendants Facing Jail Time Not Told They Have a Right to Counsel, Bar Association Finds by Topher Sanders (p 38)
• Cryptocurrency Leveraged to Help People Make Bail by Derek Gilna (p 37)
• What Is the Number One Duty of a Police Officer? by Christopher Zoukis (p 36)
• Deaths From Police Shootings Outstrip Deaths From Terrorists Attacks, Wars by Derek Gilna (p 36)
• Massachusetts Breathalyzer Malfunctions, Evidence Withheld (p 35)
• Fifth Circuit Vacates Sex Offender Supervised Release Conditions by Mark Wilson (p 34)
• Eighth Circuit Reverses Convictions Due to Constructive Amendment of Charges by Mark Wilson (p 42)
• Louisiana Prosecutors’ Traffic Ticket Industry Diverting Funds From Public Defenders by David Reutter (p 42)
• “My Phone Was My Life”—Challenging Warrantless Border Searches of Devices by Dale Chappell (p 34)
• Fourth Circuit Vacates Brady Claim Denial in Capital Case and Rebukes Prosecutors by Richard Resch (p 32)
• 10th Circuit Suppresses Evidence Based on Overbroad Protective Sweep Under Buie by Richard Resch (p 30)
• Georgia Hearsay Admissible Under Co-Conspirator Exception by Mark Wilson (p 30)
• Kentucky Supreme Court Clarifies Adoptive Admission Exception to Hearsay Rule by Christopher Zoukis (p 28)
• Colorado Supreme Court: Criminal Defendant Seeking to Fire Paid, Retained Counsel for Court-Appointed Counsel Need Not Show Good Cause by Christopher Zoukis (p 28)
• North Dakota Supreme Court: Warrantless Urine Test Incident to Arrest for DUI Is Unconstitutional Search by David Reutter (p 27)
• Compensating the Exonerated: State Laws Are Arbitrary and Senseless by Christopher Zoukis (p 26)
• Oregon Court Vacates Order Refusing to Seal Arrest Record by Mark Wilson (p 26)
• Vermont Guilty Plea Requires Defendant to Personally Acknowledge Factual Basis for Each Element of the Offenses Charged by Mark Wilson (p 25)
• More Than Half of 2015 Police Killings Not Properly Documented in Government Data by Christopher Zoukis (p 24)
• Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests by Christopher Zoukis (p 24)
• 50 Alabama Cities Reform Bail Practices for Poor by David Reutter (p 23)
• Eighth Circuit Upholds Warrantless Search of Cellphone Owned by Person on Supervised Release Due to Diminished Expectation of Privacy by Mark Wilson (p 22)
• Government Attempt to Shoehorn Union Activity into Hobbs Act Violation Rejected by First Circuit by Christopher Zoukis (p 22)
• 11th Circuit Rules Counsel Deficient for Failing to Challenge “Usable” Amount in Drug Case by David Reutter (p 21)
• Washington Supreme Court Grants Full Evidentiary Hearing for Civilly Committed SVP by Mark Wilson (p 20)
• In Historic Move, 15 Cases Related to Crooked Chicago Cop Thrown Out by Christopher Zoukis (p 20)
• Oregon Supreme Court Rules Warrantless Entry Into Home in Effort to Obtain Nonconsensual BAC Evidence Not Exigent Circumstance by Mark Wilson (p 18)
• Ohio Supreme Court Holds Exclusion of Evidence Inappropriate Remedy for Violation of Knock-And-Announce Principle Where Search Warrant Issued by Mark Wilson (p 18)
• Georgia Supreme Court Reverses Armed Robbery Conviction, Defendant Lacked Dominion by Dale Chappell (p 19)
• Oregon Court of Appeals Rules Defendant’s Motion to Suppress Satisfied Uniform Trial Court Rule 4.060(1) (p 19)
• The Insanity Defense: It’s Not What You Think by Christopher Zoukis (p 16)
• Second Circuit: Arrest for Not Leaving Sidewalk Entitled to Qualified Immunity by Mark Wilson (p 16)
• New York Court of Appeals: Criminal Trial Judge Cannot Also Be Sole Appellate Judge (p 17)
• $5.5 Million Verdict Against Los Angeles Police Department for Taser Death (p 15)
• Equivocal Request for Counsel Requires Police to Seek Clarification of Suspect’s Intent Under Oregon Law (p 15)
• Stingray Technology Lets G-Men Into Your Pocket (and Your House, and Your Car...) by Christopher Zoukis (p 14)
• Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1 by Tara Hoveland, Kent Russell (p 12)
• Confronting the Myth in Police-Suspect Knife Confrontations by Derek Gilna (p 10)
• Yes, Lawsuits Are Expensive—But So Is Police Misconduct by Antonio Romanucci (p 11)
• $44.7 Million Awarded to Man Shot by Intoxicated Chicago Police Officer With Troubled History by Derek Gilna (p 10)
• District Attorney in New York and Aide Indicted for Covering up Beating by Police Chief by Derek Gilna (p 9)
• From the Editor by Richard Resch (p 8)
• Eighth Circuit: Illinois Burglary Conviction Not Valid Predicate Offense for ACCA Purposes (p 7)
• News in Brief (p 43)
• Have the Wars on Drugs and Terror Transformed the U.S. Into a Police State? by Derek Gilna (p 1)
• Eighth Circuit Holds Missouri Police Not Entitled to Immunity in Wrongful Death Suit by Edward Lyon
• Sex Registries as Modern-Day Witch Pyres: Why Criminal Justice Reform Advocates Need to Address the Treatment of People on the Sex Offender Registry by Guy Hamilton-Smith
• Absurd, Abusive, and Outrageous: The Creation of Crime and Criminals in America by Christopher Zoukis (p 1)
• Faulty Forensics and Lab Scandals Highlight Urgent Need for Enforceable Scientific Standards by Matthew Clarke (p 1)
• Federal Circuit: Reasonable Suspicion Required to Search Prison Employee's Car
• Sex Offender Registries: An Easy Sell, But Do They Work? by Christopher Zoukis
• Texas Judge Resigns Over Speeding Ticket Quota
• 2015 Deportations Dropped to Lowest Since 2006 by Derek Gilna
• California Mugshot Extortion Fee Claims Survive Anti-SLAPP Dismissal by Mark Wilson
• Ninth Circuit: Non-Citizen Detainees Entitled to Automatic Bond Hearings by Mark Wilson
• San Diego "Predator Free Zones" Struck Down by California Supreme Court by Christopher Zoukis