by Douglas Ankney
In a matter of first impression, the California Court of Appeal, Second Appellate District, held that a trial court must permit a defendant who exercises the right to a jury trial on aggravating circumstances under Penal Code § 1170(b)(2) the opportunity to argue to the …
by Douglas Ankney
In a per curiam opinion, the Supreme Court of the United States vacated the judgment of the U.S. Court of Appeals for the Eleventh Circuit affirming the denial of federal habeas relief to Florida death row prisoner Gary Richard Whitton, holding that the Court of …
by Douglas Ankney
The Supreme Court of Appeals of West Virginia vacated a circuit court order that accepted a defendant’s 20-year-old guilty plea and imposed sentence under a binding plea agreement, holding that the circuit court erred by concluding the agreement’s binding nature eliminated its discretion to allow …
by Douglas Ankney
In resolving a split among the Courts of Appeal, the Supreme Court of California unanimously held that defendants who agreed to upper term sentences as part of plea bargains may seek the retroactive benefit of amended Penal Code § 1170, subdivision (b), which requires that …
by Douglas Ankney
The Supreme Court of Michigan unanimously held that its prior decision in People v. Betts, 968 N.W.2d 497 (Mich. 2021), applies retroactively to defendants seeking relief on collateral review under both federal and state constitutional law. Betts declared the 2011 version of Michigan’s Sex Offenders …
by Douglas Ankney
The Supreme Court of South Carolina unanimously reversed the denial of Richard Alexander Murdaugh’s motion for a new trial and remanded for a new trial after his convictions for murdering his wife and son and for two weapons offenses, holding that improper communications by Colleton …
by Douglas Ankney
The United States Court of Appeals for the Fifth Circuit held as an issue of first impression that offenses prosecuted under the Assimilative Crimes Act (“ACA”), 18 U.S.C. § 13, are not subject to the enhanced supervised release terms established by 18 U.S.C. § 3583(k) …
by Douglas Ankney
The Court of Appeal of California, Sixth District, held that a police officer’s decision to impound a vehicle pursuant to the Vehicle Code solely to prevent the driver from continuing to drive on a suspended license does not satisfy the community caretaking function required under …
by Douglas Ankney
In a unanimous opinion, the United States Court of Appeals for the Sixth Circuit held that when a District Court predetermines a supervisee’s revocation term of imprisonment at an earlier violation hearing, by committing in advance to impose a specified sentence for any future violation, …
by Douglas Ankney
In a unanimous decision, the Supreme Judicial Court of Massachusetts held that a motor vehicle stop conducted 24 hours after an officer witnessed a civil traffic infraction violated art. 14 of the Massachusetts Declaration of Rights. Addressing a question of first impression, the Court adopted …
