by Douglas Ankney
The Supreme Judicial Court of Massachusetts ended the practice of judges presiding over juvenile delinquency proceedings and granting continuances for the sole purpose of extending the delinquent’s period of incarceration.
A juvenile identified as “Noah N.” was 17-years-of-age when he allegedly punched and bit …
by Douglas Ankney
With the recent overturning of Roe v. Wade, 410 U.S. 113 (1973), news pundits and left-leaning politicians decry the “radical” justices on the U.S. Supreme Court as if the High Court’s utter disrespect for the freedom guaranteed under the U.S. Constitution is a recent …
by Douglas Ankney
On an issue upon which the circuits are split, the U.S. Court of Appeals for the Ninth Circuit held that district courts may consider the First Step Act’s (“FSA”) non-retroactive changes to sentencing law, in conjunction with other factors specific to the individual defendant, when …
by Douglas Ankney
According to a September 2022 report from AP News, law enforcement agencies from suburban Southern California to rural North Carolina are using an obscure cellphone tracking tool known as “Fog Reveal” that enables the cops to follow people’s movements months back in time. As of …
by Douglas Ankney
The U.S. Court of Appeals for the First Circuit reversed the U.S. District Court for the District of Rhode Island’s denial of habeas relief where the court found reversible error under Batson v. Kentucky, 476 U.S. 79 (1986) (defendant may challenge prosecutor’s peremptory strike …
by Douglas Ankney
The U.S. Court of Appeals for the Second Circuit held that district courts must provide habeas petitioners with notice and an opportunity to be heard before dismissing a habeas petition sua sponte (on its own motion) based upon the limitation of Fourth Amendment claims enunciated …
by Douglas Ankney
The U.S. Court of Appeals for the Fifth Circuit affirmed an order of the U.S. District Court for the Middle District of Louisiana that denied absolute immunity to District Attorney Scott Perrilloux and Livingston Parish Sheriff’s Detective Marlon Foster in a suit alleging they fabricated …
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 …
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 …
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 …