by Douglas Ankney
In a case of first impression, the Supreme Court of Minnesota affirmed a Court of Appeals (“COA”) decision holding that a defendant has no duty to retreat when claiming that he used reasonable force in defense of another under Minnesota Statutes § 609.06(1)(3). The Court …
by Douglas Ankney
The illicit drug market is ever evolving, with new drugs (called “novel psychoactive substances” or “NPS”) steadily appearing to avoid detection and legal consequences. Between January 2018 and December 2023, NPS Discovery from the Center for Forensic Science Research and Education identified over 250 NPS …
by Douglas Ankney
In Riley v. California, 573 U.S. 373 (2014), the U.S. Supreme Court recognized the reality that the amount of data people keep on their cellphones is almost beyond measure. The Riley Court ruled that police must comply with the Fourth Amendment warrant requirement—both the “probable …
by Douglas Ankney
s of February 2024, the National Registry of Exonerations (“NRE”) at the University of Michigan has registered 3,475 postconviction DNA and non-DNA exonerations since 1989—an average of 100 per year. Of those 3,475 exonerations, 438 …
by Douglas Ankney
Rudy Carey became addicted to drugs after his father died. A string of poor decisions led him to serving three years in prison for striking a police officer during a traffic stop. Upon release, Carey remained committed to keeping his life on the right track. …
by Douglas Ankney
The Court of Appeal of California, Second Appellate District, held that a defendant convicted in 1985 of lewd and lascivious acts, California Penal Code § 288(a), is entitled to removal from the sex offender registry notwithstanding the fact that if convicted under current law he …
by Douglas Ankney
In a series of rulings from federal judges, the loophole allowing government agents from Customs and Border Patrol (“CBP”) to search cellphones without a warrant is closing. According to a report from Reason, on July 24, 2024, Judge Nina Morrison from the U.S. District Court …
by Douglas Ankney
The Supreme Court of Kansas held that the complete and wrongful denial of criminal defendant John R. Cantu’s constitutional right to testify by removing him from the stand and striking his entire trial testimony constituted structural error and that the Court of Appeals erred in …
by Douglas Ankney
Touch DNA—“the invisible biological traces deposited through a person’s skin’s contact with an object or other person”—can be found at crime scenes, but detection presents a challenge for officers attempting to recover it. However, researchers M. Recipon and P. Kanemann reported in forensicmag.com that a …
by Douglas Ankney
In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit held that issues not raised in a prior appeal are not waived in a subsequent appeal following de novo resentencing. The Court also held that a defendant’s position as an …
