by Douglas Ankney
The Supreme Court of Nevada held that district courts have no discretion to deny a motion to set aside the judgment of conviction under NRS 176A.240(6)(a) when filed by a defendant who meets the statutory requirements.
Christopher Kabew pleaded guilty to attempted residential burglary. The district court ...
by Douglas Ankney
Florida Senate Bill 184 (“SB 184”) makes it a second-degree misdemeanor to approach within 25 feet of a first responder after receiving a verbal warning to stay away. Included under the provisions of the law is a requirement of intent to interfere, threaten, or harass the first ...
by Douglas Ankney
The U.S. House of Representatives’ Committee on the Judiciary (“Committee “) released a report on March 6, 2024, entitled “Financial Surveillance in the United States: How Federal Law Enforcement Commandeered Financial Institutions to Spy on Americans” (“Report”) that described in detail federal law enforcement agencies’ surveillance partnership ...
by Douglas Ankney
According to an article appearing on June 10, 2024, in the Proceedings of the National Academy of Sciences, researchers have concluded that wire-cutting evidence should not be admissible in court unless additional information about the number of comparisons made is provided. A study entitled “Hidden Multiple Comparisons ...
by Douglas Ankney
The Department of Homeland Security (“DHS”) has an impressive cache of surveillance technology that includes, inter alia, automated license plate readers (“ALPR”) and cell-site simulators (“CSS”). The latest tracking and surveillance revelation is that DHS and other law enforcement agencies have been using TraffiCatch since 2019.
Deployed ...
by Douglas Ankney
The U.S. Court of Appeals for the Tenth Circuit held that a conviction for assault resulting in serious bodily injury under 18 U.S.C. § 113(a)(6) is not a qualifying predicate “crime of violence” for purposes of U.S. Sentencing Guidelines (“USSG”) § 2K2.1(a)(3).
Kenneth Devereaux pleaded guilty ...
by Douglas Ankney
The Supreme Court of Ohio held that the 365-day deadline set forth in R.C. 2953.21(A)(2)(a) for filing a postconviction motion begins from the date of the filing of the trial transcript in a delayed appeal.
Michael Dudas was sentenced to prison for murder and other crimes ...
by Douglas Ankney
The new “Transitional Analysis Dental Age” (“TADA”) estimation tool – funded by the National Institute of Justice (“NIJ”) – is now available online to assist forensic analysts with estimating the age of unidentified skeletal remains of infants and teens. The age of the skeletal remains of ...
by Douglas Ankney
The Supreme Court of Minnesota declined to extend the good-faith exception to the exclusionary rule, as adopted under the Minnesota Constitution, to a search and arrest based on a quashed warrant that appears active to law enforcement because of a clerical error by court administration.
In ...
by Douglas Ankney
In a case involving three issues of first impression, the Court of Appeal of California, First Appellate District, ruled that Penal Code Section 1509(1)(c)’s 10- and 60-day deadlines are directory, not mandatory; the section’s “substantiality standard” is met where the applicant makes a strong enough case to ...
