by Douglas Ankney
The Supreme Court of Kentucky ruled that an in-chambers hearing held to address questions surrounding defense counsel’s fitness to proceed is a critical stage of proceedings that entitle the defendant to be present with conflict-free representation.
Terrence Downs was tried on numerous felonies, including murder, for the ...
by Douglas Ankney
The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Western District of North Carolina’s special conditions of release that banned legal pornography and all internet access were overbroad and not reasonably related to the objectives of 18 U.S.C. § ...
by Douglas Ankney
In a case of first impression in the Supreme Court of Washington, the Court, sitting en banc, adopted the federal standard enunciated in Lawrence v. Florida, 549 U.S. 327 (2007), and held that the misconduct of a petitioner’s own attorney in a habeas proceeding can ...
by Douglas Ankney
Today’s RoboCops are not armed predators (yet), but they read license plates, track cellphones, and report “suspicious” persons. According to the Electronic Freedom Frontier, companies like Boston Dynamics and Knightscope market robots to law enforcement. About 100 robots from Knightscope are deployed in America’s shopping malls, grocery ...
by Douglas Ankney
The U.S. Court of Appeals for the Ninth Circuit reversed the U.S. District Court for the District of Idaho’s dismissal of a lawsuit challenging Idaho’s Sexual Offender Registration Notification and Community Right-to-Know Act, Idaho Code § 18-8301 et seq. (“SORA”).
In July 1993, Idaho initially passed a ...
by Douglas Ankney
The Court of Appeal of California, Second Appellate District, held that a trial court abused its discretion by denying Rene Avila’s motion to strike prior convictions pursuant to People v. Superior Court (Romero), 917 P.2d 628 (Cal. 1996), (“Romero Motion”). The Court further held ...
by Douglas Ankney
The California Court of Appeal, First Appellate District, vacated the denial of Patrick Sean O’Hearn’s motion to withdraw his guilty plea after concluding that defense counsel was ineffective for failing to investigate O’Hearn’s mental health history.
In October 2018, police responded to two elderly women, Rachel D. ...
by Douglas Ankney
The Supreme Court of Michigan held that police must limit a search of digital data from a cellphone in a manner reasonably directed to uncover evidence of the specified criminal activity alleged in the warrant.
On August 6, 2016, Lisa Weber agreed to stay all night at ...
by Douglas Ankney
The Supreme Court of North Carolina held that a superior court abused its discretion when it flatly prohibited the defense’s questions during voir dire regarding racial bias and bias related to the shooting of Black men by police.
Police arrived at a parking garage in response to ...
by Douglas Ankney
The Texas Court of Criminal Appeals (“TCCA”) held that permitting a witness to testify via two-way video based on reasons that did not further an important public policy violated the rights of James Ray Haggard under the Confrontation Clause.
Haggard was tried on charges related to alleged ...
