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 …
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 …
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 …
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.
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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 …
by Douglas Ankney
The United States Court of Appeals for the Ninth Circuit reaffirmed its longstanding precedent that a District Court cannot sua sponte dismiss an untimely petition for a writ of habeas corpus without giving the petitioner prior notice and an opportunity to respond.
Background
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by Douglas Ankney
The Court of Appeal of California, Second Appellate District, reversed a superior court’s denial of Misael Padron’s motion to vacate his conviction for carjacking because he failed to “meaningfully understand, defend against, or knowingly accept” the immigration consequences of his plea.
Background
In …
by Douglas Ankney
The Supreme Judicial Court of Maine vacated Rochelle Gleason’s conviction for aggravated trafficking of a scheduled drug that caused the death of a person after applying the holding of Smith v. Arizona, 602 U.S. 779 (2024), in which the United States Supreme Court rejected the …
by Douglas Ankney
The Supreme Judicial Court of Massachusetts held that “art. 14 of the Massachusetts Declaration of Rights prohibits the police from executing an anticipatory search warrant absent compliance or equivalent compliance with the future triggering event, regardless of whether the factual allegations in the warrant affidavit …
by Douglas Ankney
The United States Court of Appeals for the Ninth Circuit held that the untruthful responses of Namrata Patnaik and Kartiki Parekh on visa applications could still be found by a jury to be fraud if the government relied on those responses when deciding to issue …
