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Articles by Douglas Ankney

Ninth Circuit Announces District Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law When Deciding Motion for Compassionate Release

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 deciding whether ...

Across the Nation, Cops Use ‘Fog Reveal’ to Track More Than 250 Million Mobile Devices

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 September 2022, ...

First Circuit Reverses Denial of Habeas Relief Where District Court Found Batson Error but Observed AEDPA, Deferred to State Court’s Finding that No Batson Error Occurred

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 of prospective ...

Second Circuit Announces District Courts Must Provide Habeas Petitioners with Notice and Opportunity To Be Heard Before Dismissing Petition Sua Sponte Based on Stone’s Limitation on Fourth Amendment Claims

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 in Stone ...

Fifth Circuit Denies Absolute Immunity for Prosecutor Who Fabricated Evidence in Murder Conviction and Death Sentence

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 evidence in ...

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 ...



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