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Articles by Douglas Ankney

California Court of Appeal Announces Crime Defendant ‘Was Convicted’ of, Not Crime ‘Could Have Been Convicted’ of Today, Governs Eligibility for Removal From Sex Offender Registry

by Douglas Ankney

The Court of Appeal of California, Second Appellate District, held that a defendant convicted in 1985 of lewd and lascivious acts, California Penal Code § 288(a), is entitled to removal from the sex offender registry notwithstanding the fact that if convicted under current law he would be required ...

Federal Judges Closing Loophole That Permits Government to Conduct Warrantless Searches of Cellphones at Border

by Douglas Ankney

In a series of rulings from federal judges, the loophole allowing government agents from Customs and Border Patrol (“CBP”) to search cellphones without a warrant is closing. According to a report from Reason, on July 24, 2024, Judge Nina Morrison from the U.S. District Court for the ...

Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken

by Douglas Ankney

The Supreme Court of Kansas held that the complete and wrongful denial of criminal defendant John R. Cantu’s constitutional right to testify by removing him from the stand and striking his entire trial testimony constituted structural error and that the Court of Appeals erred in holding that the ...

New Research Method Leads to Better Touch DNA Recovery and Development of Genetic Profiles

by Douglas Ankney

Touch DNA—“the invisible biological traces deposited through a person’s skin’s contact with an object or other person”—can be found at crime scenes, but detection presents a challenge for officers attempting to recover it. However, researchers M. Recipon and P. Kanemann reported in forensicmag.com that a newly developed ...

Ninth Circuit Announces Issues Not Raised in Prior Appeal Are Not Waived on Subsequent Appeal Following De Novo Resentencing

by Douglas Ankney

In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit held that issues not raised in a prior appeal are not waived in a subsequent appeal following de novo resentencing. The Court also held that a defendant’s position as an “essential member” ...

First Circuit Announces Doctrine of Abatement Ab Initio Applies When Defendant Dies During Pendency of Direct Appeal in Published Precedential Ruling

by Douglas Ankney

In a published precedential ruling, the U.S. Court of Appeals for the First Circuit adopted the doctrine of abatement ab initio for when a criminal defendant dies during the pendency of a direct appeal from his conviction.

In 2019, Francis M. Reynolds was convicted by jury of ...

Maryland Eliminates Parole Fees

by Douglas Ankney

With the passage of House Bill 531 (“HB 531”), Maryland eliminated the $50 parole fee charged to people returning home from prison. HB 531 also ended the $100 fee charged for drug and alcohol testing.

Championed by the nonprofit BUILD and its sister organization Turnaround Tuesday, HB ...

Forensic Microbiology and Criminal Investigations

by Douglas Ankney

According to microbiologists, every individual has a “unique community of microorganisms on and within their body.” These communities, known as “microbiomes,” consist of microbes “specific to different parts of the body, can persist over long periods of time and can be transferred to other people and to ...

Woman Left Handcuffed in Parked Cop Car Struck by Train Settles Suit for $8.5 Million

by Douglas Ankney

On June 5, 2024, Plaintiff Yareni Rios-Gonzalez agreed to accept payment of $8.5 million from Defendants Town of Platteville, Colorado, and the City of Fort Lupton to settle her suit related to the injuries she suffered after police officers handcuffed her and left her unattended in a ...

Colorado Law Enforcement Agencies Will Soon Send Drones Instead of Cops in Response to 911 Calls

by Douglas Ankney

In May of 2024, Shelly Bradbury reported in the Denver Post that “[a] handful of local law enforcement agencies are considering using drones as first responders, that is, send them in response to 911 calls as police departments across Colorado continue to widely embrace the use of ...

 

 

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