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Articles by Douglas Ankney

Custodial Interrogation Must Cease When Suspect Unambiguously Invokes Right to Remain Silent, Says Fourth Circuit

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit ruled that investigators failed to scrupulously honor defendant’s invocation of his right to remain silent by continuing to question him after announcing he “wasn’t going to say anything at all.” As a result, the Court ruled that ...

Fifth Circuit: Introduction of Deposition Video Without Making Good-Faith Effort to Secure Witnesses’ Presence at Trial Violates Confrontation Clause

by Douglas Ankney

The U.S. Court of Appeals for the Fifth Circuit ruled that the Sixth Amendment’s Confrontation Clause was violated when the Government introduced videotaped deposition testimony without making a good-faith effort, based on the facts of the case, to secure the witnesses’ presence at trial. As such, the ...

Oklahoma Supreme Court Announces Drug Court Dismissal of Charges After Successful Completion of Drug Program Entitles Defendant to Immediate Expungement

by Douglas Ankney

On December 18, 2018, the Supreme Court of Oklahoma ruled that when a drug court dismisses charges after a defendant’s successful completion of a treatment program, then the defendant is entitled to have the record expunged.

In July 2009, a petitioner identified as “D.A.,” was sentenced ...

SCOTUS: Florida’s Robbery Statute Satisfies Physical Force Requirement of Armed Career Criminal Act

by Douglas Ankney

The Supreme Court of the United States (“SCOTUS”) held that the amount of force necessary to sustain a conviction for robbery in Florida satisfies the elements clause of 18 U.S.C. § 924(e)(2)(B)(i) (“ACCA”).

In July 2015, Miami Beach Police confronted Denard Stokeling about a burglary. They removed ...

California Court of Appeal: Using Criminal Process to Collect Fines That Indigent Defendants Cannot Pay Is Unconstitutional

by Douglas Ankney

On January 8, 2019, the Court of Appeal for the Second Appellate District of the state of California ruled that when the only reason a defendant cannot pay a fine and court fees is the defendant’s poverty, then using the criminal process to collect the fine and ...

California Court of Appeal: Commissioner Cannot Preside Over Parole Revocation Hearing Absent Stipulation

by Douglas Ankney

On December 5, 2018, the Court of Appeal of California, Fourth Appellate District, ruled that a commissioner may not preside over a parole revocation hearing absent a stipulation by the parties.

In June 2017, Brandon Berch was accused of violating his parole. Berch objected to Commissioner Edward ...

Wisconsin Supreme Court Rules Attempt to Close Door in Officer’s Face Clear Signal that Consent Not Given for Warrantless Entry

by Douglas Ankney

On December 7, 2018, the Supreme Court of Wisconsin reversed a decision of the court of appeals that affirmed a circuit court’s denial of a motion to suppress. The Court ordered the challenged evidence be suppressed and instructed the circuit court to vacate the convictions.

In December ...

 

 

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