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Articles by Douglas Ankney

Tenth Circuit Rejects Qualified Immunity for Prosecutor Alleged to Have Fabricated Evidence, Despite no Previous Case with Materially Similar Facts

by Douglas Ankney 

The U.S. Court of Appeals for the Tenth Circuit reversed the U.S. District Court for the District of Utah’s decision finding a prosecutor was entitled to qualified immunity in a suit alleging the prosecutor had fabricated evidence.

In 2012, Heidi Truman was killed from a gunshot to ...

Kansas Supreme Court Affirms Reversal and Dismissal of Murder Charges Based on Speedy Trial Violation

by Douglas Ankney

The Supreme Court of Kansas affirmed a judgment of the Court of Appeals (“COA”) that reversed Danny W. Queen’s convictions for intentional second-degree murder; attempted second-degree murder; and attempted voluntary manslaughter, due to a violation of his statutory right to a speedy trial. All charges against Queen ...

Arizona Supreme Court Announces Trial Courts Have Discretion to Deny State’s Request for SVP Screening and Provides Guidance to Courts Exercising That Discretion

by Douglas Ankney

In a case of first impression, the Supreme Court of Arizona held that trial courts have discretion to deny a sexually violent person (“SVP”) screening when requested by the State under Arizona Revised Statutes (“A.R.S.”) § 13-4518(A). The Court also provided guidance for trial courts exercising that ...

Arizona Supreme Court Clarifies Proper Fundamental Error Review Applicable to Allegation of a Single, Unobjected-to Instance of Prosecutorial Misconduct

by Douglas Ankney

The Supreme Court of Arizona clarified the error review that is applicable when an appellant alleges a single instance of prosecutorial misconduct and no objection was made to the alleged misconduct at trial.

According to the testimony of the victim, identified as “O.C.,” brothers Easton and Claudius ...

SCOTUS: § 2(a) of Fair Sentencing Act Modifies Statutory Penalties Only for Subparagraphs (A) and (B) of 21 U.S.C. § 841(b)(1)— the Mandatory-Minimum Provisions

by Douglas Ankney 

A unanimous Supreme Court of the United States (“SCOTUS”) held that § 2(a) of the Fair Sentencing Act modified the statutory penalties for only subparagraphs (A) and (B) of 21 U.S.C. § 841(b)(1), i.e., the mandatory-minimum provisions, not for subparagraph (C).

Tarahrick Terry pleaded guilty in 2008 ...

SCOTUS: ‘Exceeds Authorized Access’ Under the CFAA Means Accessing Areas of Computer That Are Off-Limits on Computer Otherwise Authorized to Access

by Doug Ankney

The Supreme Court of the United States (“SCOTUS”) held that for purposes of 18 U.S.C. § 1030(a)(2), the Computer Fraud and Abuse Act of 1986 (“CFAA”), an individual “exceeds authorized access” when he accesses a computer with authorization but then obtains information located in particular areas of ...

Massachusetts Supreme Court Revisits Lougee and Announces Framework for Determining When Pretrial Detention Prolonged Due to COVID Violates Due Process

by Doug Ankney

The Supreme Judicial Court of Massachusetts (“SJC”) announced the framework for deciding whether a defendant’s due process rights were violated where the defendant’s pretrial detention has been prolonged due to the COVID-19 pandemic, revisiting Commonwealth v. Lougee, 147 N.E.3d 464 (Mass. 2020) (as of June 2020, ...

California Court of Appeal: § 1170.95(e) Permits Trial Courts to Redesignate More Than One Underlying Felony in Resentencing Vacated Felony-Murder Conviction

by Doug Ankney

The Court of Appeal, First Appellate District, Division Three ruled that § 1170.95(e) permits a vacated felony-murder conviction to be redesignated as more than one underlying felony for purposes of resentencing. (Note: All statutory references are to the California Penal Code.)
In 1987, Donald Alexander Watson, Timothy ...

Arizona Supreme Court: Trial Courts Have Broad Discretion to Disqualify Entire Prosecutor’s Office Based on Appearance of Impropriety

by Douglas Ankney 

In a case of first impression, the Supreme Court of Arizona held that trial courts have broad discretion to vicariously disqualify a prosecutor’s office based on an appearance of impropriety.

In 2010, Darren Irving Goldin was charged with murder, and the Attorney General sought the death penalty. ...

Indiana Supreme Court Applies Recently Announced Proportionality Framework for In Rem Fines and Holds Forfeiture of $35,000 Land Rover Grossly Disproportionate to Underlying Offense in Violation of Eighth Amendment, Ending 7-Year Saga

by Douglas Ankney

The Supreme Court of Indiana affirmed the holding of the Grant Superior Court, which found that forfeiture of Tyson Timbs’ Land Rover was grossly disproportionate to his crime of conviction in violation of the Eighth Amendment’s Excessive Fines Clause.
Timbs had been prescribed opiates and had become ...

 

 

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