Skip navigation
CLN bookstore

Articles by Douglas Ankney

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 ...

Ninth Circuit Announces District Courts Have Discretion to Consider Non-­Retroactive Changes in Post-­Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reduction

by Douglas Ankney

The U.S. Court of Appeals for the Ninth Circuit joined the First, Second, and Fourth Circuits in holding that when deciding motions filed by defendants seeking a sentence reduction under 18 U.S.C. § 3582(c)(1)(A)(i), U.S. District Courts may consider non-­retroactive changes in post-­sentencing decisional law affecting the applicable ...

Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review

by Douglas Ankney

The Supreme Court of Kansas held that Kansas law permits a defendant to file a motion to correct an illegal sentence in appellate court on direct appeal; the legal standard for remand on the motion is K.S.A. 2022 Supp. 21-­6814(d); and the 2022 amendment to K.S.A. 6814 ...

SCOTUS Announces Pending Investigation or Proceeding Is Not Required for an Offense to be ‘Related to Obstruction of Justice’ and Qualify as ‘Aggravated Felony’ in Removal of Noncitizen

by Douglas Ankney

Resolving a conflict among the U.S. Courts of Appeals, the Supreme Court of the United States (“SCOTUS”) held that a pending investigation or proceeding is not required for an offense to be “relat[ed] to the obstruction of justice” and considered “an aggravated felony” for the purposes of ...

 

 

Disciplinary Self-Help Litigation Manual - Side
Advertise here
The Habeas Citebook Ineffective Counsel Side