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Articles by Douglas Ankney

Kansas Supreme Court: Expired License Plate Doesn’t Attenuate Evidence from Illegal Seizure

by Douglas Ankney

The Supreme Court of Kansas ruled that an officer’s discovery of an expired license plate subsequent to an illegal seizure did not attenuate the evidence obtained as a result of the illegal seizure. 

Daniel Christian lawfully parked his car on a public street and sat there ...

Ninth Circuit Clarifies When Warrantless Searches of Cellphones at Border Are Reasonable

by Douglas Ankney

The U.S. Court of Appeals for the Ninth Circuit has clarified when warrantless searches of cellphones at the border are reasonable.

Customs and Border Patrol (“CBP”) agents discovered nearly 31 pounds of cocaine in the spare tire of Miguel Angel Cano’s vehicle as he attempted to ...

California Court of Appeal Announces Defendant Convicted of 
Felony Accessory Is Eligible for Resentencing Under Proposition 64

by Douglas Ankney

In a case of first impression, the California Court of Appeal for Division One of the First District announced that a person convicted of felony accessory is eligible for resentencing under Proposition 64. 

In September 2013, William Roy Boatwright was arrested while exiting a house later ...

Connecticut Supreme Court: When Expert’s Testimony Asserts Truth of DNA Profile Prepared by a Different Non-Testifying Expert, Confrontation Clause Is Violated

by Douglas Ankney

The Supreme Court of Connecticut ruled that when an expert witness testifies to the truthfulness and accuracy of a DNA profile prepared by a different expert who did not testify the Confrontation Clause is violated.

Eugene L. Walker and two accomplices attempted to rob Neville Malacai Registe ...

Tenth Circuit: District Court Abused Discretion in Denying § 2255 Petition Without Hearing Where Record Didn’t Conclusively Show Defendant Not Entitled to Relief

by Douglas Ankney

The U.S. Court of Appeals for the Tenth Circuit ruled that a district court abused its discretion when it denied a 28 U.S.C. § 2255 petition without an evidentiary hearing when the record did not conclusively show the movant was not entitled to relief ...

10th Circuit: District Court Must Ensure When Defendant Waives Right to Counsel He Understands He’s Required to Adhere to Federal Procedural and Evidentiary Rules

by Douglas Ankney

The U.S. Court of Appeals for the Tenth Circuit ruled that a district court must ensure that when a criminal defendant waives the right to counsel, the defendant understands he is required to adhere to federal procedural and evidentiary rules. 

Louis Delynn Hansen was indicted ...

Fifth Circuit: First Step Act Doesn’t Permit Plenary Resentencing in Retroactive Application of the Fair Sentencing Act

by Douglas Ankney

The U.S. Court of Appeals for the Fifth Circuit ruled that the First Step Act of 2018 (“First Step Act”) does not permit plenary resentencing when the district court retroactively applies the Fair Sentencing Act of 2010 (“Fair Sentencing Act”). In July 2008, Michael Dewayne Hegwood ...

California Court of Appeal Explains Procedures to Determine Appropriate Relief When Conviction Is Vacated Based on People v. Chiu and Senate Bill 1437

by Douglas Ankney

The Court of Appeal of California, Third Appellate District, explained the procedures to be followed in determining the appropriate relief when a conviction has been vacated based upon Senate Bill 1437 (“SB 1437”) and People v. Chiu, 325 P.3d 972 (Cal. 2014). 

In 2000, Ricky ...

New Jersey Supreme Court Announces New Test to Determine When State May Obtain Second DNA Sample After Unlawfully Obtained First Sample

by Douglas Ankney

The Supreme Court of New Jersey rejected the “inevitable discovery doctrine” as being “a poor fit” for determining whether a second DNA sample could be obtained after a trial court determined that the first sample was unlawfully obtained. Instead, the Court announced a new test that is ...

Fourth Circuit Reviews for Plain Error and Vacates Brandishing a Firearm Conviction Obtained Under 18 U.S.C. § 924(C)(3)

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit reviewed for plain error and vacated Donald Eugene Walker’s conviction for brandishing a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c). Walker pleaded guilty to ...




 

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