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Articles by Douglas Ankney

Fourth Circuit Announces Substantive Reasonableness Review Applies to All Proceedings Under § 404 of First Step Act, Regardless of Whether Motion Is Granted or Denied

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit held that substantive reasonableness review applies to all proceedings under § 404 of the First Step Act of 2018 (“FSA”), regardless of whether the motion is granted or denied.

In February 2009, the U.S. District Court for the ...

Sixth Circuit Announces Criminal Forfeiture Under Fed. R. Crim. P. 32.2(b) Is Mandatory Claims-Processing Rule, Reverses $62.5 Million Money Judgments

by Douglas Ankney

The U.S. Court of Appeals for the Sixth Circuit reversed two money judgments totaling $62.5 million after holding Federal Rule of Criminal Procedure 32.2(b) (“Rule 32.2(b)”) is a mandatory claims-processing rule with which the U.S. District Court for the Eastern District of Kentucky and the Government failed ...

New York Court of Appeals Reverses Murder Conviction Where Trial Court’s Evidentiary Rulings Deprived Defendant of ‘Opportunity to Present Complete Defense’

by Douglas Ankney

The Court of Appeals of New York reversed Deshawn Deverow’s murder conviction after concluding the trial court’s evidentiary rulings deprived him of “a meaningful opportunity to present a complete defense.”

At 12:30 a.m. on December 29, 2012, a woman identified as B.M. called 911 to report that ...

NIST’s Upgrade to Software Reference Library Makes Data More Accessible to Law Enforcement

by Douglas Ankney

The National Institute of Standards and Technology (“NIST”) upgraded its National Software Reference Library (“NSRL”) to make its data easier for law enforcement agencies to access in searches during criminal investigations.

As of March 2022, the dataset of the NSRL contained more than a billion “hash records.” ...

For $10 Billion, New Yorkers Get a Police Package Deal That Includes Corrupt Career Officers and Almost 1,000 Criminal Cases Tossed

by Douglas Ankney

In August of 2022, a Bronx district attorney dismissed 133 cases linked to disgraced former NYPD Narcotics Detective Joseph Franco. Franco, a 20-year-veteran of the NYPD, was hit with 26 criminal charges in 2019, resulting in the dismissal of 90 cases. As the corruption continued to ooze ...

Indiana Supreme Court Announces Trial Rule 26(B)(3) Governs Whether Police Reports Are Protected Work Product, Expressly Overruling Keaton

by Douglas Ankney

The Supreme Court of Indiana held that trial courts are to follow the two-pronged definition of Trial Rule (“TR”) 26(B)(3) to determine whether a police report is protected from discovery by the work-product doctrine. In so doing, the Court expressly overruled State ex rel. Keaton v. Cir. ...

Texas Court of Criminal Appeals: Under State Felon in Possession of Firearm Statute, Possessing Multiple Firearms Simultaneously Constitutes One Offense, Not Multiple

by Douglas Ankney

The Court of Criminal Appeals of Texas held that possession of a firearm by a convicted felon is a “circumstances offense;” consequently, simultaneously possessing multiple firearms is one offense.

Floyd Woods was charged by two indictments with the offense of unlawful possession of a firearm by a ...

Seventh Circuit: Sentencing Court’s ‘Inoculating Statement’ Regarding Potential Guidelines Miscalculation Failed to Satisfy Conditions of Abbas

by Douglas Ankney

The U.S. Court of Appeals for the Seventh Circuit remanded to the U.S. District Court for the Central District of Illinois for resentencing where that court’s inoculating statement regarding a potential Sentencing Guidelines miscalculation failed to satisfy the conditions enunciated in United States v. Abbas, 560 ...

Michigan Supreme Court Announces Forfeited Structural Error Automatically Satisfies Third Prong of Plain Error Standard Without a Showing of Prejudice

by Douglas Ankney

The Supreme Court of Michigan announced that a forfeited structural error automatically satisfies the third prong of the plain error standard without a showing of prejudice and creates a rebuttable presumption that the error seriously affected the fairness, integrity, or public reputation of judicial proceedings.

On the ...

Fourth Circuit: Coram Nobis Appropriate Remedy to Achieve Justice Where Petitioner Actually Innocent but Completed Sentence

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit held that coram nobis relief is the appropriate remedy to achieve justice where the petitioner had completed service of the sentence imposed on conviction of offense for which he was actually innocent.

In November 2011, Brooks Prentice Lesane ...

 

 

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