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Articles by Douglas Ankney

Maine Supreme Judicial Court Announces Trial Courts Must Rigorously Scrutinize Reliability of Expert Testimony in Unrecognized Forensic Fields, Holding Trial Court Erred in Admitting Forensic Podiatry Footprint-Comparison Testimony Without a Demonstrated

by Doug Ankney

In a unanimous decision, the Supreme Judicial Court of Maine held that the trial court erred in admitting expert testimony comparing partial, sock-clad bloody footprints found at the crime scene to sample prints taken from the defendant. The Court determined that the State’s expert did …

Illinois Supreme Court Announces Six-Element Jeffries Test Governs Self-Defense Jury Instructions in Cases Involving Force Against Police Officers, Rejecting Appellate Court Approaches That Either Created Separate Threshold Inquiry or Automatically Requir

by Doug Ankney

In a unanimous opinion, with a special concurrence by Chief Justice Neville, the Supreme Court of Illinois held that when a defendant seeks a self-defense jury instruction after using force against a police officer, the trial court must apply the established six-element test from People …

Supreme Court of Maryland Announces Police Officer’s Observation of Driver Manipulating Cellphone Screen Does Not, Without Additional Facts, Establish Reasonable Suspicion for Traffic Stop Under Fourth Amendment

by Doug Ankney

The Supreme Court of Maryland held that police officers lacked reasonable suspicion to conduct a traffic stop based solely on their observation of a driver manipulating, touching, or pressing the screen of a mobile phone while operating a vehicle. The Court explained that because Maryland’s …

Utah Supreme Court Announces Framework for Analyzing Combined Brady and Napue Violations, Affirms Postconviction Relief in Capital Murder Case

by Douglas Ankney

In a case involving an issue of first impression in Utah, the Supreme Court of Utah adopted a two-step analytical framework for evaluating prejudice when both Brady and Napue violations are present, drawing from approaches utilized by several United States Courts of Appeals. Applying the …

First Circuit Clarifies Mitigating Role Analysis – Sentencing Courts Must Consider All Identifiable Participants in Drug Shipment, Not Just Crew Members, and Use § 3B1.2 Factors to Assess Relative Culpability, Not Guilt

by Douglas Ankney

The United States Court of Appeals for the First Circuit vacated Dionel Guía-Sendeme’s sentence and remanded for resentencing, holding that the U.S. District Court for the District of Puerto Rico erred in its mitigating role analysis under U.S. Sentencing Guidelines § 3B1.2 by limiting the …

The Trial Penalty: How America Abandoned the Right to Trial

by Doug Ankney

“I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” —Thomas Jefferson (Personal letter to Thomas Paine, dated July 11, 1789)

The American criminal justice system is …

First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It

by Douglas Ankney

The United States Court of Appeals for the First Circuit affirmed the U.S. District Court for the District of Puerto Rico’s grant of 28 U.S.C. § 2254 habeas relief, holding that the Commonwealth intelligently waived any § 2244(d)(1)(C) timeliness defense by knowingly omitting it from …

Wyoming Supreme Court Announces Improper Comment on Defendant’s Right to Silence Is Per Se Prejudicial and Requires Reversal of Conviction, Overruling Precedent Requiring Prejudice Analysis in Such Cases

by Douglas Ankney

The Supreme Court of Wyoming reversed a defendant’s sexual abuse conviction, holding that the prosecutor’s opening statement that the defendant “declined” to speak with police was an improper comment on his constitutional right to silence. In doing so, the Court clarified that such a comment …

Fourth Circuit: Government Breached Plea Agreement by Successfully Arguing for Sentencing Enhancement Based on “Total Relevant Conduct” Not Stipulated to in Plea Agreement

by Douglas Ankney

The United States Court of Appeals for the Fourth Circuit held that the Government breached its plea agreement with Dehaven Darnell Craig when it successfully argued for sentencing enhancements based on “total relevant conduct” to which the parties had not stipulated in the plea agreement.

Third Circuit: Where Prosecutor “Flooded” Jury Trial With Evidence of Defendant’s Prior Bad Acts, Counsel Was Constitutionally Ineffective in Not Seeking Contemporaneous Limiting Instructions and Not Objecting When Evidence Went Beyond Limited Purpose –

by Douglas Ankney

The United States Court of Appeals for the Third Circuit ruled that where a state prosecutor flooded the jury trial with evidence of defendant Kelvin Rosa’s prior bad acts, his defense attorney was ineffective for failing to seek contemporaneous limiting instructions and for failing to …

 

 

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