by Douglas Ankney
The Supreme Court of Indiana reaffirmed the standard set forth in Mayes v. State, 744 N.E.2d 390 (Ind. 2001), that held a statute barring a claim of self-defense if the defendant had committed a crime requires a showing that “there must be an immediate and causal ...
by Douglas Ankney
The U.S. Court of Appeals for the Ninth Circuit ruled that law enforcement officers violated the Fourth Amendment in executing an administrative warrant at a private residence where their “primary purpose” was to gather evidence in support of a criminal investigation.
In October 2017, the City of ...
by Douglas Ankney
The Supreme Court of North Carolina held that Melvin Lamar Fields could not be convicted of both habitual misdemeanor assault and felony assault for the same act.
In November 2015, Fields and A.R. — a transgender woman — engaged in consensual sex. Afterward, while they were bathing, ...
by Douglas Ankney
Sudden unexplained death in childhood (“SUDC”) ranks fifth in the categories of death in children ages one to four, and every year, it affects approximately 400 children ages one to 18.
Unlike Sudden Infant Death Syndrome (“SIDS”), SUDC is the listed cause of death when a child ...
by Douglas Ankney
The U.S. Court of Appeals for the Tenth Circuit reversed Fernando Miguel Samora’s conviction for being a felon in possession of a firearm because the U.S. District Court for the District of Utah gave the jury an erroneous instruction on constructive possession.
In May 2017, Samora borrowed ...
by Douglas Ankney
The U.S. Court of Appeals for the Second Circuit held that a district court’s failure to offer an explanation for its sentence was plain error in violation of 18 U.S.C. § 3553(c).
Gilberto Rosa pleaded guilty to conspiracy to commit wire fraud (Count One) and aggravated identity ...
by Douglas Ankney
As of the date of this article, protests continue against police brutality and systemic racism in the wake of the murder of George Floyd. While racism and police brutality are at least as old as America itself, Floyd’s death appears to be a catalyst that brought formerly ...
by Douglas Ankney
The Electronic Frontier Foundation (“EFF”) partnered with Reynolds School of Journalism at the University of Nevada-Reno (“RSJ”), to release for use by journalists, academics, and the general public a database containing thousands of data points on over 3,000 sheriff’s offices and police departments nationwide. The Atlas of ...
by Douglas Ankney
The Supreme Court of the United States (“SCOTUS”) remanded Terence Tramaine Andrus’ case to the Texas Court of Criminal Appeals (“TCCA”), directing the TCCA “to address Strickland prejudice in light of the correct legal principles.”
Andrus, 18, was high on marijuana and PCP when he attempted a ...
by Douglas Ankney
The Supreme Court of Indiana held that a defendant cannot be forced to unlock her smartphone because doing so would violate her Fifth Amendment right against self-incrimination. The Court also provided a detailed rationale against extending the “foregone conclusion” exception of Fisher v. United States, 425 ...
