by Douglas Ankney
The Supreme Court of Nevada held that Samuel Howard’s claim that he is now actually innocent of the death penalty was sufficient to overcome procedural bars to habeas relief.
In 1983, Howard was convicted of robbery and murder with the use of a deadly weapon. The jury ...
by Douglas Ankney
In a case of first impression, the U.S. Court of Appeals for the Tenth Circuit adopted the burden-shifting framework of United States v. Asch, 207 F.3d 1238 (10th Cir. 2000), in announcing that (1) personal-use drug quantity doesn’t constitute “relevant conduct” under Guidelines § 1B1.3(a) for ...
by Douglas Ankney
The Supreme Court of the United States (“SCOTUS”) reversed a decision of the U.S. Court of Appeals for the Tenth Circuit that had reversed the U.S. District Court for the Eastern District of Oklahoma’s finding of qualified immunity for police officers who shot and killed a man ...
by Douglas Ankney
The California Court of Appeal, Second District, held that a trial court is bound to provide notice and consider information provided by the parties before ruling on a California Department of Correction and Rehabilitation (“CDCR”) recommendation to recall a prisoner’s sentence pursuant to California Penal Code § ...
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit clarified the standard of review for revocation of bond when the arrestee is alleged to have violated conditions of release.
Lashawn Wilks was arrested on numerous serious offenses, including conspiracy to distribute methamphetamine. He was released on bond ...
by Douglas Ankney
The Supreme Court of Kansas held that Brooke Dinkel’s trial counsel, Roger Strubel, was ineffective because he failed to request a jury instruction on the voluntary act requirement in a prosecution for rape of a child under 14 years of age where the defense argued that the ...
by Douglas Ankney
The Supreme Court of Idaho vacated Patricia Ann Amstutz’s conviction for misdemeanor driving under the influence of alcohol (“DUI”) because her alleged offense was completed outside the arresting officer’s presence.
Officer Kale White was dispatched to the address of Amstutz after someone reported Amstutz for drunk driving. ...
by Douglas Ankney
The U.S. Court of Appeals for the Second Circuit announced that for purposes of the defense of entrapment, the defendant has the burden to produce some “credible evidence” that the government induced him to commit the crime.
John E. Cabrera was charged with two counts each of ...
by Douglas Ankney
The Court of Appeal, Sixth Appellate District, held that a trial court has authority to deny a request for a continuance of a motion to suppress under California Penal Code § 1050(e) even if the decision may foreseeably result in dismissal of the prosecution. (All statutory references ...
by Douglas Ankney
Thermo Fisher Scientific’s Applied Biosystems Rapid HIT ID DNA Booking System was approved by the FBI for use by law enforcement booking stations to automatically process, upload, and search DNA reference samples from qualifying arrestees against the U.S. National DNA Index System (“NDIS”) database.
Joanie Brocato, former ...
