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Articles by Douglas Ankney

California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91

by Douglas Ankney

The California Court of Appeal, Fourth Appellate District, held that defendants who plead guilty to a stipulated sentence are eligible for resentencing under California Penal Code § 1170.91, as amended. (Note: All statutory references are to the California Penal Code.)

In 2002, Ronnie Keith Harrell, pursuant to a ...

California Bans Bogus ‘Excited Delirium’ Diagnosis as Cause of Death

by Douglas Ankney

In October 2023, California Governor Gavin Newsome signed a bill into law that prohibits “excited delirium” from being recognized as a valid diagnosis or cause of death. The law was prompted by the death of Angelo Quinto in 2020 who, while suffering a mental health crisis, lost ...

New Mexico Supreme Court Clarifies When Reviewing Double Jeopardy Claims, Court to Apply Blockburger’s Strict-Elements Test or Modified Strict-Elements Test—Not Both

by Douglas Ankney

The Supreme Court of New Mexico clarified that when reviewing claims of double jeopardy, the court is to apply either the strict-elements test of Blockburger v. United States, 284 U.S. 299 (1932), or the modified strict-elements test of State v. Gutierrez, 258 P.3d 1024 (N.M 2011), but ...

FBI Lost Count of Its Snitches at Capitol on January 6, 2021

by Douglas Ankney

The Federal Bureau of Investigation (“FBI”) had so many snitches at the Capitol on January 6, 2021, that the agency lost track of the number. Steven D’Antouno, formerly in charge of the FBI’s Washington Field Office (“WFO”) testified behind closed doors to the House Judiciary Committee (“Committee”) ...

U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence

by Douglas Ankney

The current justices on the Supreme Court of the United States (“SCOTUS”) apparently prioritize ideology over guilt or innocence. Almost 40 years ago, SCOTUS held that the U.S. Constitution’s Sixth Amendment guarantee of a right to counsel meant that criminal defendants have a right to the “effective ...

Kansas Supreme Court Announces State Must Prove Defendant Specifically Intended to Enter Dwelling in Which There Was a Person to Sustain Conviction for Attempted Aggravated Burglary, Overruling State v. Watson

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 had held ...

NYPD’s Solution for Abusive Cops Who Cost Taxpayers Millions of Dollars in Civil Suits—Promote Them

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 $1 million, ...

California Court of Appeal: Confrontation Clause Violated Where Defense Prohibited From Cross-Examining Prosecution Witness About Biased Motivation and Fabrication

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 hearing that ...

Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL

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 equitable tolling ...

Study Reveals That Aging Federal Judges May Experience Cognitive Impairment Affecting Their Opinions

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 of the University ...

 

 

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