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Articles by Douglas Ankney

California Court of Appeal: SB 136 Makes Plea Agreement Containing Prior Prison Enhancement Unenforceable

Jeffrey Allan Joaquin was charged with: (I) premeditated attempted murder with an allegation that ...

North Carolina Supreme Court: Testimony That Improperly Bolstered Victim’s Credibility Was Plain Error

Fifteen-year-old Virginia (a pseudonym) testified that ...

Montana Supreme Court: Five-Year Delay Violates Speedy Trial and Is Presumptively Prejudicial

In May 2012, Chambers was arrested and confined in Stillwater County for his role in a ...

SCOTUS: RFRA’s ‘Appropriate Damages’ Includes Monetary Awards

The case ...

The Need for Legislation Governing Police Use of Robots

Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There

The U.S. Court of Appeals for the Fourth Circuit held that the phrase “reason to believe the suspect is within” in Payton v. New York, 445 U.S. 573 (1980), means that when police enter a third-party’s residence without a search warrant to execute an arrest warrant, ...

First Circuit: Double Jeopardy Protections Bar Government From Seeking Death Penalty at Retrial Where Jury’s Verdict Not Imposing Death at First Trial Ambiguous, and Trial Court Prematurely Declared Mistrial

Ninth Circuit: Reasonable Suspicion Justifying Traffic Stop Doesn’t Provide Probable Cause to Open Door and Lean Inside Vehicle

Officer Kolby Willmes spotted Malik Ngumezi’s vehicle parked at a gas station and observed that the ...

New York Court of Appeals Reverses Denial of Suppression Motion Where Prosecution Fails to Provide Specific Facts to Show Traffic Stop Was Lawful

Balkman was the passenger in a ...

Kansas Supreme Court Clarifies State Law Does Not Preclude Consent to Search Through Nonverbal Conduct

Responding to a complaint of an odor of marijuana, officers Robert McKeirnan and Kelly Smith decided ...

 

 

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