by Douglas Ankney
Citing lack of clear guidance from the U.S. Supreme Court, the Maryland Court of Appeals (“MCA” or “Court”) announced that issues of confrontation of witnesses will be determined under Article 21 of the Maryland Declaration of Rights (“Article 21”) and further announced the standard for …
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 …
