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Articles by Douglas Ankney

First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’

by Douglas Ankney

The U.S. Court of Appeals for the First Circuit held that Daniel Donald’s waiver of his rights under Miranda v. Arizona, 384 U.S. 436 (1966), was not valid where an interrogating officer answered “No” to Donald’s question: “None of this can be used against me, can it?” ...

‘How The Government Created a Terrorist’: FBI-Manufactured Crimes Reveal Urgent Need for Reforms

by Douglas Ankney

In 2008, snitch Shahed Hussain worked as a paid informant for the Federal Bureau of Investigation (“FBI”). Hussain met James Cromitie in the parking lot of a mosque in impoverished Newburgh, New York, where a large Muslim population resides. Cromitie, a small-time drug dealer was broke. Hussain ...

Improvements to Decertification Procedure for Law Enforcement Officers Guilty of Excessive Force Urgently Needed

by Douglas Ankney

In April 2023, Myles Cosgrove was hired by the Carroll County Sheriff’s Department in Kentucky. But about three years earlier, Cosgrove was fired by the Louisville Police Department (“LPD”). Cosgrove had been one of the three officers who fired their guns during the ludicrous early-morning raid that ...

Michigan Supreme Court: Defendant’s Statements Involuntary and Inadmissible

by Douglas Ankney

The Supreme Court of Michigan held that Joshua Lamar-James Stewart’s age and his health, along with the timing of the police interrogation and the officers’ tactics that included promises of leniency, racial slurs, a combative tone, and misrepresentation of the evidence against Stewart rendered his statements involuntary ...

Tales From the ‘Tails’ of Bloodstains

by Douglas Ankney

Protrusions that deviate from the boundaries of otherwise elliptical bloodstains—known as “tails”—may provide additional relevant crime-scene evidence, according to James Bird, scientist and co-author of a study appearing in the journal Physics of Fluids.

A group of scientists from Boston University and University of Utah demonstrated that ...

Missouri Supreme Court Orders Dismissal of Pending Charges Where Trial Court Failed to Bring Prisoner to Trial Within 180-Day Limitations Period Provided for in ‘Interstate Agreement on Detainers’

by Douglas Ankney

The Supreme Court of Missouri made permanent its grant of a temporary writ of prohibition and ordered dismissal of the charges pending against Steven Wishom after the Jefferson Circuit Court failed to bring Wishom to trial on those charges within the 180-day limitations period of the Interstate ...

Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed

by Douglas Ankney

The U.S. Court of Appeals for the Third Circuit ruled that Ronald Rogers was denied effective assistance of counsel when his attorney sat silent after the trial judge admonished a prosecution witness that if he did not change his testimony to implicate Rogers, then the witness would ...

Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing

by Douglas Ankney

The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that U.S. District Courts must either orally pronounce all discretionary conditions of supervised release, including those referred to as “standard” in U.S. Sentencing Guidelines (“U.S.S.G.”) § 5D1.3(c), in the presence of the defendant at sentencing ...

New Mexico Supreme Court Announces Marquez’s Holding That ‘Crime of Shooting at or From Motor Vehicle Cannot Be Predicate Felony Supporting Charge of Felony Murder’ Is New Substantive Rule and Applies Retroactively

by Douglas Ankney

The Supreme Court of New Mexico held that the holding of State v. Marquez, 376 P.3d 815 (N.M. 2016), wherein the Court ruled that “the crime of shooting at or from a motor vehicle may not serve as the predicate felony in support of a felony murder ...

Evidence Shows When Researchers Work Alongside Cops in the Field, De-escalation Training Is Implemented and Effective

by Douglas Ankney

Traditionally, police officers are taught to take control of a volatile encounter, ensuring the safety of all officers present by approaching an unstable situation with weapons drawn. The underlying message is: “Make sure that you and your partner go home safe tonight.”

De-escalation training, by contrast, teaches ...



The Habeas Citebook: Prosecutorial Misconduct Side
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