Douglas Ankney
The Supreme Court of Kansas held that the State must prove a defendant specifically intended to enter a dwelling in which there was a person to sustain a conviction for attempted aggravated burglary and thus expressly overruled State v. Watson, 885 P.2d 1226 (Kan. 1994), which …
by Douglas Ankney
The New York Police Department (“NYPD”) hired David Grieco as an officer in 2006. Earning the street name “Bullethead,” Grieco was named in 17 lawsuits between his hiring and his first promotion in 2016. Although payouts to settle suits naming Grieco as a defendant exceeded …
by Douglas Ankney
The Court of Appeal of California, First Appellate District, held that Cecilio Castaneda-Prado’s right to confront his accusers was violated when the superior court prohibited his attorney from cross-examining a prosecution witness about biased motivation and fabrication after the witness had testified at the preliminary …
by Douglas Ankney
The U.S. Court of Appeals for the Fourth Circuit held that an evidentiary hearing was required where Berman Justus, Jr.’s, allegation of mental illness, if true, was sufficient to demonstrate extraordinary circumstances warranting relief under Rule 60(b)(6) of the Federal Rules of Civil Procedure and …
by Douglas Ankney
According to a recent study titled The Effects of Lifetime Tenure and Aging in the United States Federal Judiciary (“Study”), as federal judges age, they may experience a decline in their cognitive abilities that affects their written opinions.
The Study, authored by Ryan Owens …
by Douglas Ankney
In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held that the revised sentences of defendants who violate the terms of their supervised release cannot include the maximum term of imprisonment and a period of home confinement because “home …
by Douglas Ankney
The U.S. Court of Appeals for the Third Circuit held that because a conviction under Pennsylvania’s first-degree aggravated assault statute, 18 Pa. Cons. Stat. § 2702(a)(1), does not require the element of physical force, such a conviction cannot serve as a qualifying predicate for purposes …
by Douglas Ankney
The Supreme Court of Indiana reversed Kyle N. Doroszko’s involuntary manslaughter conviction because the trial court denied defense counsel the opportunity to voir dire prospective jurors directly in violation of Indiana Trial Rule 47(D).
During a prearranged marijuana transaction, Traychon Taylor attempted to rob …
by Douglas Ankney
The U.S. Court of Appeals for the Fourth Circuit held that Kelvin Brown’s disparate sentence of 30 years on two convictions for violating 18 U.S.C. § 924(c) created an “extraordinary and compelling reason” for his early release, and the 18 U.S.C. § 3553(a) sentencing factors …
by Douglas Ankney
The U.S. Court of Appeals for the Fourth Circuit reversed Elliott B. Graham’s 18 U.S.C. § 924(c) conviction for “using a firearm during a crime of violence” because (1) the conviction was predicated upon a kidnapping conviction, (2) kidnapping is no longer considered a qualifying …
