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Articles by Douglas Ankney

Georgia Supreme Court Says Visually Impaired Defendant Entitled to Appointment of a Reader

by Douglas Ankney

The Supreme Court of Georgia held that due process requires the appointment of a person to read questions submitted by a visually impaired defendant.

Richard Bishop was 76 years old when he shot and killed his girlfriend and injured her other boyfriend in August 2009. Just ...

Portion of Illinois Sex Offender Law is Unconstitutional

by Douglas Ankney

U.S. District Judge Virginia Kendall of Chicago ruled that it is unconstitutional for Illinois to hold sex offenders in prison after their release date when they are so poor they cannot find a home placement that complies with state requirements. 

Many sex offenders in Illinois ...

Third Circuit: Reason for Continuance Must be Given to Exclude Delay from 70-Day Limit of Speedy Trial Act or Dismissal of Indictment

by Douglas Ankney

The U.S. Court of Appeals for the Third Circuit ruled that a district court must state the factual basis for a continuance or use language that invokes a particular provision of the Speedy Trial Act (“Act”) in order to exclude the delay from the 70-day time limit ...

First Circuit: FBI’s Ruse Claiming National Emergency to Obtain Consent to Search Held Unlawful

by Douglas Ankney

The U.S. Court of Appeals for the First Circuit held that a search wherein FBI agents lied about an emergency in order to gain consent to search a suspect’s computers violates the Fourth Amendment.

On October 23, 2013, ten FBI agents arrived at the home shared by ...

Fourth Circuit Rules District Court Must Provide Individualized Rationale When Denying Motion for Sentence Reduction

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit ruled that a district court must provide its rationale when denying a motion seeking a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2).

In this case, the Court consolidated the appeals of Paulette Martin and Luis Felipe Mangual, ...

Connecticut Supreme Court Rejects Davis and Announces State Constitution Requires Police to Clarify Ambiguous Request for Counsel Before Continuing Interrogation

by Douglas Ankney

The Supreme Court of Connecticut held that the state constitution requires police to clarify an ambiguous request for counsel before continuing to interrogate a suspect.

In 2013, Robert John Purcell was arrested on multiple counts of sexual assault and risk of injury to a child. After Purcell ...

Flipping the Bird, Even Toward a Cop, Is a Constitutionally Protected Right

by Douglas Ankney

The U.S. Court of Appeals for the Sixth Circuit affirmed that raising one’s middle finger without the four other fingers showing is an expression protected by the First Amendment.

In doing so, the Court also affirmed the district court’s denial of Officer Matthew Wayne Minard’s plea of ...

Delaware Supreme Court: ‘The Sixth Amendment Demands More Than the Presence the Morning of Trial of a Warm Body With a Law Degree’

by Douglas Ankney

The Supreme Court of Delaware ruled that an attorney’s limited pretrial contact deprived a defendant of effective assistance of counsel.

Everett Urquhart was charged with numerous felonies, including first-degree robbery. A witness saw the vehicle that had been loaned to Urquhart fleeing the area at the time ...

Fourth Circuit Holds 18 U.S.C. § 924(c)(3)(B) is Unconstitutional

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit, sitting en banc, held that the definition of a “crime of violence” in 18 U.S.C. 924(c)(3)(B)—commonly referred to as the “residual clause”—is  unconstitutional for vagueness.

Joseph Decore Simms pointed a gun at the manager of a ...

Fourth Circuit: District Court Must Provide Rationale When Denying Motion for § 3582(c)(2) Sentence Reduction

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit ruled that a district court must provide its rationale when denying a motion seeking a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). 

In this case, the Court consolidated the appeals of Paulette Martin and Luis Felipe ...

 

 

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