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Articles by Douglas Ankney

California Court of Appeal Announces the People Are Not Entitled to Have Privately Retained Psychological Expert Testify at Trial of SVPA Petition

by Douglas Ankney

The Court of Appeal of California, Fourth Appellate District, held that the Sexually Violent Predator Act, Welf. & Inst. Code § 6600 et seq. (“SVPA”), does not authorize the People to retain a private expert witness to testify at trial in connection with an SVPA petition. (Note: ...

Connecticut Supreme Court Announces ‘John Doe’ Warrant Based on Suspect’s General Description and Partial DNA Profiles, Which May or May Not Include Suspect’s DNA, Fails to Satisfy ‘Particularity Requirement’ of Fourth Amendment

by Douglas Ankney

In an issue of first impression with potentially nationwide implications, the Supreme Court of Connecticut held that a “John Doe” warrant that was based on the general description of a suspect and on several mixed partial DNA profiles, which may or may not have included the suspect’s ...

Tenth Circuit: Prisoner Convicted of Covered Drug Offense but Sentenced to Mandatory Life Sentence Via Cross Reference for Murder Under Pre-Booker Guidelines Has Standing to Request First Step Act Sentence Reduction

by Douglas Ankney

The U.S. Court of Appeals for the Tenth Circuit held that a prisoner convicted of a covered drug offense but who was sentenced to a mandatory life sentence via a cross reference for murder under the U.S. Sentencing Guidelines (“Guidelines”) in effect before United States v. Booker ...

Massachusetts Supreme Judicial Court Ends Practice of Juvenile Courts Granting Continuances for Sole Purpose of Extending Delinquent’s Period of Detention

by Douglas Ankney

The Supreme Judicial Court of Massachusetts ended the practice of judges presiding over juvenile delinquency proceedings and granting continuances for the sole purpose of extending the delinquent’s period of incarceration.

A juvenile identified as “Noah N.” was 17-years-of-age when he allegedly punched and bit a family or ...

People Convicted of Sex Crimes Remain Incarcerated 25 Years After Completing Their Prison Sentences

by Douglas Ankney

With the recent overturning of Roe v. Wade, 410 U.S. 113 (1973), news pundits and left-leaning politicians decry the “radical” justices on the U.S. Supreme Court as if the High Court’s utter disrespect for the freedom guaranteed under the U.S. Constitution is a recent development. Beginning ...

Ninth Circuit Announces District Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law When Deciding Motion for Compassionate Release

by Douglas Ankney

On an issue upon which the circuits are split, the U.S. Court of Appeals for the Ninth Circuit held that district courts may consider the First Step Act’s (“FSA”) non-retroactive changes to sentencing law, in conjunction with other factors specific to the individual defendant, when deciding whether ...

Across the Nation, Cops Use ‘Fog Reveal’ to Track More Than 250 Million Mobile Devices

by Douglas Ankney

According to a September 2022 report from AP News, law enforcement agencies from suburban Southern California to rural North Carolina are using an obscure cellphone tracking tool known as “Fog Reveal” that enables the cops to follow people’s movements months back in time. As of September 2022, ...

First Circuit Reverses Denial of Habeas Relief Where District Court Found Batson Error but Observed AEDPA, Deferred to State Court’s Finding that No Batson Error Occurred

by Douglas Ankney

The U.S. Court of Appeals for the First Circuit reversed the U.S. District Court for the District of Rhode Island’s denial of habeas relief where the court found reversible error under Batson v. Kentucky, 476 U.S. 79 (1986) (defendant may challenge prosecutor’s peremptory strike of prospective ...

Second Circuit Announces District Courts Must Provide Habeas Petitioners with Notice and Opportunity To Be Heard Before Dismissing Petition Sua Sponte Based on Stone’s Limitation on Fourth Amendment Claims

by Douglas Ankney

The U.S. Court of Appeals for the Second Circuit held that district courts must provide habeas petitioners with notice and an opportunity to be heard before dismissing a habeas petition sua sponte (on its own motion) based upon the limitation of Fourth Amendment claims enunciated in Stone ...

Fifth Circuit Denies Absolute Immunity for Prosecutor Who Fabricated Evidence in Murder Conviction and Death Sentence

by Douglas Ankney

The U.S. Court of Appeals for the Fifth Circuit affirmed an order of the U.S. District Court for the Middle District of Louisiana that denied absolute immunity to District Attorney Scott Perrilloux and Livingston Parish Sheriff’s Detective Marlon Foster in a suit alleging they fabricated evidence in ...

 

 

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