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Articles by Douglas Ankney

NYPD Continues Its Longstanding Tradition of Thwarting Misconduct Investigations and Evading Accountability

by Douglas Ankney

New York City’s Police Department (“NYPD”) has been described by journalists as being worse than the CIA and FBI when it comes to record requests. According to techdirt.com, the FBI and the CIA say the NYPD is worse than a rogue state when it comes to ...

Border Patrol Agents Track and Spy on U.S. Journalists and Unidentified Members of Congress

by Douglas Ankney

The Associated Press (“AP”) confirmed a Yahoo News report revealing that in 2017, Department of Homeland Security’s (“DHS”) Customs and Border Patrol (“CBP”) unit identified as the Counter Network Division used government databases designed for tracking terrorists to investigate as many as 20 U.S.-based journalists, congressional staffers, ...

Maine’s Law Enforcement Agencies, Like Those of Most States, Don’t Track Complaints Against Police Officers

by Douglas Ankney

The WMTW 8 Investigates Team partnered with the Maine Freedom of Information Coalition to review hundreds of documents and other data obtained from 135 Maine law enforcement agencies (“Agencies”). The Agencies were asked to provide the number of citizen complaints against officers and the details on any ...

Seventh Circuit: District Court’s Failure to Exercise Discretion After Erroneously Finding Defendant Ineligible for Relief Under First Step Act Was Abuse of Discretion

by Douglas Ankney

The U.S. Court of Appeals for the Seventh Circuit ruled that the U.S. District Court for the Northern District of Illinois abused its discretion when it failed to exercise its discretion after erroneously determining Montrell McSwain was ineligible for relief under § 404(b) of the First Step ...

Seventh Circuit Vacates Sentence Where District Court’s Rationale for Defendant’s Offense Level Unclear

by Douglas Ankney

The U.S. Court of Appeals for the Seventh Circuit vacated Darrell Loving’s sentence because the reasons given by the U.S. District Court for the District of Indiana for arriving at an offense level of 24 were unclear.

Loving pleaded guilty to possessing cocaine and heroin with intent ...

Cops in Virginia Beach Used Fake DNA Reports During Interrogations

by Douglas Ankney

Apparently, cops in Virginia Beach are not troubled by a lack of DNA evidence when investigating crimes. Their remedy is to simply create fake certificates of analysis (“COA”) purported to be from the Virginia Department of Forensic Science (“DFS”). In an investigation begun by outgoing Democratic Attorney ...

Tenth Circuit Vacates Special Conditions of Supervised Release Where District Court Failed to Make Appropriate Findings and Provide Adequate Explanation

by Douglas Ankney

The U.S. Court of Appeals for the Tenth Circuit vacated the U.S. District Court for the District of Wyoming’s imposition of a “Sexual Materials Prohibition” and a “Mental Health Condition” upon Monty Englehart’s supervised release because the district court failed to make appropriate findings and provide adequate ...

Council of State Governments Initiates Efforts to Reduce Barriers to Employment for the Formerly Incarcerated

by Douglas Ankney

The Council of State Governments Justice Center (“CSGJC”) initiated efforts to reduce employment barriers for people with criminal histories. Recognizing that nearly 25% of all jobs in the U.S. require some type of government-issued license, 10 state legislatures adopted laws that expand licensing opportunities for people with ...

New York Court of Appeals: Frye Hearing Required to Determine Admissibility of DNA Evidence Generated by Proprietary Forensic Statistical Tool

by Douglas Ankney

The Court of Appeals of New York reversed an order of the Appellate Division that had affirmed a trial court’s order denying a hearing requested pursuant to Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), and the Court remitted to the trial court to ...

California Court of Appeal: Trial Court Must Receive Parole Agency’s Written Report Before Ruling on Parole Revocation Petition for Lifetime Parolee Despite Remand to Prison Being Mandatory

by Douglas Ankney

The Court of Appeal, First Appellate District, held that Penal Code § 1203.2(b)(1) requires trial courts to receive a parole agency’s written report before ruling on a parole revocation petition and that there is no exception for a petition filed against a lifetime parolee.

Jerry Denton Williams, ...

 

 

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