by Douglas Ankney
The Supreme Court of California held that Welfare and Institution Code § 6602, subd. (a) does not create an exception permitting hearsay regarding nonpredicate offenses to be introduced via psychological evaluation reports. (All statutory references are to the Welfare and Institution Code.)
In June …
by Douglas Ankney
The Supreme Court of Montana held that Mark Alan Mendoza was entitled to credit for each day he spent in pre-sentence confinement after an arrest warrant for DUI was served on him, regardless of the fact that he was being held in another county on …
by Douglas Ankney
The Supreme Judicial Court (“SJC”) of Massachusetts held that a premature sex offender classification for an incarcerated offender who has waived her right to a classification hearing and accepted her classification violates procedural due process.
Plaintiff “Doe” was convicted of sex offenses in 1970 …
by Douglas Ankney
The U.S. Court of Appeals for the Tenth Circuit reversed the U.S. District Court for the District of Utah’s decision finding a prosecutor was entitled to qualified immunity in a suit alleging the prosecutor had fabricated evidence.
In 2012, Heidi Truman was killed from …
by Douglas Ankney
The Supreme Court of Kansas affirmed a judgment of the Court of Appeals (“COA”) that reversed Danny W. Queen’s convictions for intentional second-degree murder; attempted second-degree murder; and attempted voluntary manslaughter, due to a violation of his statutory right to a speedy trial. All charges …
by Douglas Ankney
In a case of first impression, the Supreme Court of Arizona held that trial courts have discretion to deny a sexually violent person (“SVP”) screening when requested by the State under Arizona Revised Statutes (“A.R.S.”) § 13-4518(A). The Court also provided guidance for trial courts …
by Douglas Ankney
The Supreme Court of Arizona clarified the error review that is applicable when an appellant alleges a single instance of prosecutorial misconduct and no objection was made to the alleged misconduct at trial.
According to the testimony of the victim, identified as “O.C.,” brothers …
by Douglas Ankney
A unanimous Supreme Court of the United States (“SCOTUS”) held that § 2(a) of the Fair Sentencing Act modified the statutory penalties for only subparagraphs (A) and (B) of 21 U.S.C. § 841(b)(1), i.e., the mandatory-minimum provisions, not for subparagraph (C).
Tarahrick Terry pleaded …
by Doug Ankney
The Supreme Court of the United States (“SCOTUS”) held that for purposes of 18 U.S.C. § 1030(a)(2), the Computer Fraud and Abuse Act of 1986 (“CFAA”), an individual “exceeds authorized access” when he accesses a computer with authorization but then obtains information located in particular …
by Doug Ankney
The Supreme Judicial Court of Massachusetts (“SJC”) announced the framework for deciding whether a defendant’s due process rights were violated where the defendant’s pretrial detention has been prolonged due to the COVID-19 pandemic, revisiting Commonwealth v. Lougee, 147 N.E.3d 464 (Mass. 2020) (as of …
