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Articles by Douglas Ankney

Nevada Supreme Court: Prisoner’s Claim He Is Now Actually Innocent of Death Penalty Sufficient to Overcome Proce-dural Bars to Habeas Relief

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 ...

Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis

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 ...

SCOTUS Reverses Tenth Circuit’s Denial of Qualified Immunity for Fatal Police Shooting

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 ...

California Court of Appeal: Trial Court Required to Provide Notice and Consider Information Provided by Parties Before Ruling on CDCR Recommendation to Recall Sentence Pursuant to § 1170(d)(1)

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 § ...

Seventh Circuit Announces Standard of Review for Bond Revocation of Defendant on Pretrial Release

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 ...

Kansas Supreme Court: Counsel Ineffective for Failing to Request ‘Voluntary Act’ Jury Instruction in Trial for Rape of Child Younger Than 14 Where Defendant Argued She Was Forcibly Raped by Purported ‘Victim’

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 ...

Idaho Supreme Court Declares Clarke Merely Memorialized Constitutional Principle That Warrantless Arrest for Misdemeanor Completed Outside Officer’s Presence Violates State Constitution and Applies to Cases Prior to Clarke

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. ...

Second Circuit Announces Defendant Need Only Produce ‘Some Credible’ Evidence for Jury Instruction on Entrapment Defense, Clarifying It’s a Burden of Production, Not Persuasion

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 ...

California Court of Appeal Announces Trial Courts Have Authority to Deny Request for Continuance of Motion to Suppress for Failure to Show ‘Good Cause’ Even if it Results in Dismissal, Rejecting Ferrer

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 ...

FBI Gives Green Light for Use of Rapid DNA Solution in Booking Stations

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 ...



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