by Douglas Ankney
The Court of Appeal of California, First Appellate District, held that “a trial court cannot deny relief in a § 1170.95 proceeding based on findings that are inconsistent with a previous acquittal when no evidence other than that introduced at trial is presented.”
In 2004, a jury ...
by Douglas Ankney
The U.S. Court of Appeals for the Fifth Circuit ruled that nine people in a vehicle with a rated capacity for seven people is insufficient for imposition of sentencing enhancement under U.S. Sentencing Guideline (“Guidelines”) § 2 L1.1(b)(6).
Felipe Castelo-Palma was pulled over by a Presidio ...
by Douglas Ankney
The Supreme Judicial Court of Massachusetts held that an actual conflict of interest existed that rendered counsel’s representation constitutionally ineffective where defense counsel erroneously believed he had an ethical duty to disclose to the prosecution the location of key incriminating evidence. Defendant Will Tate’s consent to the ...
by Douglas Ankney
The U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. District Court for the Eastern District of Washington’s order granting a motion to suppress all evidence because the arresting officer lacked probable cause to arrest a possibly mentally ill Washington man who had displayed a ...
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: ...
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 ...
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 ...
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 ...
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 ...
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 ...
