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Articles by Douglas Ankney

Electrocution by Taser Is Not Death From Excited Delirium

by Douglas Ankney

A rose by another name may still be a rose, but electrocution by a cop’s taser is deemed death from excited delirium. At least, that was the determination until recently. In March 2023, the National Association of Medical Examiners (“NAME”) said “excited delirium” should not be cited ...

Fourth Circuit Vacates Denial of First Step Act Relief Where Record Unclear Whether District Court Considered All Nonfrivolous Arguments Raised by Defendant

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit vacated the denial of a motion seeking a sentence reduction under § 404(b) of the First Step Act of 2018 (“FSA”) because the record was unclear as to whether the U.S. District Court for the Eastern District of ...

Colorado’s Amendments to Post-Conviction DNA Testing Statute Allows Greater Number of Affected Persons to Seek Testing

by Douglas Ankney

On March 10, 2023, Governor Jared Polis signed House Bill 1034 (“HB 1034”) into law, opening the door to a greater number of people convicted of felonies to be eligible for DNA testing. Colorado’s previous law allowed only people who are actively incarcerated to receive DNA ...

Sixth Circuit: Plain Error Where District Court Required Defendant at Resentencing to Admit Guilt in Order to Fully Consider Defendant’s Evidence of Rehabilitation

by Douglas Ankney

The U.S. Court of Appeals for the Sixth Circuit found plain error where the U.S. District Court for the Middle District of Tennessee required Nickless Whitson to admit guilt in order to fully consider Whitson’s evidence of rehabilitation.

Whitson was initially convicted of eight felonies, including ...

Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill

by Douglas Ankney

The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the Western District of Oklahoma erred in applying United States Sentencing Guideline (“U.S.S.G.”) § 2A2.1(a)(2) without a specific finding of an intent to kill.

A jury convicted Jimmy Lee Brooks of ...

DOJ Concludes Louisville Police Engaging in Patterns of Unconstitutional Conduct

by Douglas Ankney

After conducting a two-year investigation in the wake of the fatal shooting of Breonna Taylor by police, the U.S. Department of Justice (“DOJ”) concluded that the Louisville Metro Police Department (“LMPD”) engages in patterns of unconstitutional practices. The DOJ interviewed hundreds of officers and community members, ...

Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding

by Douglas Ankney

In a case of first impression in the Circuit, the U.S. Court of Appeals for the Third Circuit held that a federal prisoner appealing a District Court’s choice of remedy in a 28 U.S.C. § 2255 proceeding must obtain a certificate of appealability (“COA”).

In 1990, a ...

West Virginia Supreme Court Announces in the Absence of a Deadline, Trial Court Must Permit Defendant to Stipule to Prior Conviction During Trial

by Douglas Ankney

The Supreme Court of Appeals of West Virginia held that, where a trial court has not set a deadline for submitting a stipulation to a prior conviction, the court must permit a defendant to so stipulate when (1) that prior conviction is an essential element of ...

Sixth Circuit: Sentence Procedurally Unreasonable Where District Court Failed to Explain Decision to Impose Consecutive Sentences and Substantively Unreasonable Where Court Improperly Weighed Sentencing Factors

by Douglas Ankney

The U.S. Court of Appeals for the Sixth Circuit held that Andrew Damarr Morris’ sentence was procedurally unreasonable because the U.S. District Court for the Western District of Michigan failed to adequately explain its decision to impose consecutive sentences, and the sentence was substantively unreasonable because the ...

Database Containing 450,000 Records of NYPD Misconduct Now Available

by Douglas Ankney

In June 2023, the Legal Aid Society made available to the public a new database with over 450,000 searchable records of New York Police Department (“NYPD”) and Department of Corrections (“DOC”) officers with the goal of shining a light on the actions of the NYPD and the ...

 

 

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