by Douglas Ankney
The Supreme Court of Wyoming ruled that a district court abused its discretion when it dismissed without prejudice the charges against Matthew A. Carabajal upon the State’s motion under Wyoming Rule of Criminal Procedure 48 (“Rule 48”), and the Supreme Court remanded for dismissal of the charges ...
by Douglas Ankney
In a case of first impression, the Superior Court of New Jersey, Appellate Division, held that when the State chooses to utilize an expert who relies on novel probabilistic genotyping software to render DNA testimony, then a defendant is entitled to access, under an appropriate protective order, ...
by Douglas Ankney
The Court of Appeal, First Appellate District, held that prisoners sentenced for offenses committed while imprisoned [known as “Thompson terms” pursuant to In Re Thompson, 172 Cal.App.3d 256 (1985)] are not required to serve those sentences after a grant of parole under the Elderly Parole ...
by Douglas Ankney
The New York Court of Appeals declined the prosecution’s urging to adopt Federal jurisprudence allowing searches of vehicles based on warrants authorizing searches of premises.
As the result of their investigation of Tyrone Gordon, police sought a search warrant. In their warrant application, the officers swore that: ...
by Douglas Ankney
The U.S. Court of Appeals for the FifthCircuit affirmed a decision of the U.S. District Court for the Southern District of Mississippi granting Okanlawan Norbert’s suppression motion on the grounds that an anonymous tip failed to provide the requisite reasonable suspicion to conduct an investigatory stop.
Investigator ...
by Douglas Ankney
The Supreme Court of Ohio held thatimposition of two punishments for one quantity of drugs violates double jeopardy.
Officers executed a search warrant of Kenny Pendleton’s residence and seized, inter alia, three bags that contained mixtures of heroin and fentanyl with a combined weight of 133.62 ...
by Douglas Ankney
Adam Freeman, an ex-president of the American Board of Forensic Odontology (“ABFO”), has vehemently criticized bitemark-matching evidence. Freeman was deeply disturbed upon discovering that when ABFO-certified experts examined case files, they rarely agreed that the bitemarks were human – and even less so that the mark came ...
by Douglas Ankney
The Illinois Prison Review Board has agreed to review Adam Nesteikis’ case.
Adam, 34, needs more attention than most men his age. He must be reminded to brush his teeth and to shave. He was 16 before he stopped wetting the bed. Participating in the Special Olympics ...
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit affirmed the U.S. District Court for the Southern District of Indiana’s vacatur of Bruce Carneil Webster’s death sentence based on newly discovered evidence that Webster was intellectually disabled and ineligible for the death penalty.
In 1998, the U. ...
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit upheld U.S. District Court for the Southern District of Indiana’s opinion that found a provision of Indiana’s Sex Offender Registration Act (“SORA”) requiring registration of Plaintiffs who relocated to Indiana after SORA’s enactment violated their right to travel ...
