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Articles by Douglas Ankney

Second Circuit Rules District Court Improperly Denied Coram Nobis Petition Claiming Ineffective Assistance of Counsel

by Douglas Ankney

The U.S. Court of Appeals for the Second Circuit ruled that the district court erred in denying a writ of error coram nobis that claimed ineffective assistance of counsel due to counsel’s erroneous advice regarding deportation as a result of a guilty plea.

Defendant, identified as John ...

Massachusetts Supreme Judicial Court Announces in Case of First Impression That Police Causing Cellphone to Reveal Its Real Time Location Is a Search Under State Constitution

by Douglas Ankney

In a case of first impression, the Supreme Judicial Court of Massachusetts held that when police take action to cause a cellphone to reveal its real-time location, it is a search under Article 14 of the Massachusetts Declaration of Rights.

Two eyewitnesses identified Jerome Almonor as the ...

Using Technology to Erase Old Pot Convictions is the Buzz in Los Angeles

by Douglas Ankney

Prosecutors in Los Angeles are using computer algorithms to wipe out or reduce up to 50,000 old marijuana convictions, years after the drug was legalized by voters in California. The county is teaming up with Code for America, a nonprofit tech organization that uses algorithms ...

Illinois Data Collection Law Set to Expire; Collected Data Reveal Police Target Black and Latino Drivers

by Douglas Ankney

A law in Illinois that requires data to be reported from state and local police to the Illinois Department of Transportation is set to expire this July. Because “[t]ransparency is the first step toward police accountability and reform,” there are calls to make the law permanent.

A ...

If You’re Unlucky or Black, Your Prison Sentence Could Be 63 Percent Longer

by Douglas Ankney

A new report from the U.S. Sentencing Commission reveals that the length of a defendant’s prison sentence increasingly depends on the whims of the judge. For example, in Philadelphia, some of the judges ordered sentences 63 percent longer than their colleagues for identical crimes. Doug Berman, ...

Eighth Circuit: Misprision of Felony Conviction of Participant in Underlying Felony Violates Fifth Amendment

by Douglas Ankney

The U.S. Court of Appeals for the Eighth Circuit ruled that a defendant’s misprision of felony conviction for failing to report a felony in which the defendant was herself involved violates the Fifth Amendment privilege against self-incrimination.

Elsa Solis was convicted of conspiring to possess with intent ...

NJ Supreme Court: Failure to Advise Suspect of Pending Charges Before Waiver of Right Against Self-Incrimination Requires Suppression of Statements

by Douglas Ankney

The Supreme Court of New Jersey ruled that when police obtain a suspect’s waiver of his right not to incriminate himself before informing the suspect of “the essence of the charges filed against him,” the State cannot prove beyond a reasonable doubt that the suspect knowingly and ...

Second Circuit Rules 68-Month Delay Violates Speedy Trial Clause

by Douglas Ankney

The U.S. Court of Appeals for the Second Circuit held that a delay of 68 months between arrest and trial violates the right to a speedy trial enshrined in the Sixth Amendment when most of the delay is attributable to the Government.

On March 6, 2012, Rodshaun ...

Unreasonable Delay in Obtaining Search Warrant after Lawful Seizure Requires Suppression of Evidence, Announces Georgia Supreme Court

by Douglas Ankney

In a case of first impression for the Supreme Court of Georgia, it held that an unreasonable delay in obtaining a search warrant after items were lawfully seized requires suppression of the evidence.

In December 2015, police seized from Jennifer and Joseph Rosenbaum their iPhones, iPad, and ...

Georgia Supreme Court Says Visually Impaired Defendant Entitled to Appointment of a Reader

by Douglas Ankney

The Supreme Court of Georgia held that due process requires the appointment of a person to read questions submitted by a visually impaired defendant.

Richard Bishop was 76 years old when he shot and killed his girlfriend and injured her other boyfriend in August 2009. Just ...

 

 

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