by Douglas Ankney
The Supreme Court of North Carolina upheld a decision of the Court of Appeals (“COA”) that found plain error where an investigator from the Department of Social Services Child Protective Services (“DSS Investigator”) “improperly bolstered or vouched for the victim’s credibility.”
Fifteen-year-old Virginia (a pseudonym) testified that ...
by Douglas Ankney
The Supreme Court of Montana held that a five-year delay in bringing John Wilson Chambers to trial violated his right to a speedy trial, and the lengthy delay was presumptively prejudicial.
In May 2012, Chambers was arrested and confined in Stillwater County for his role in a ...
by Douglas Ankney
A unanimous Supreme Court of the United States (“SCOTUS”) held that the express remedies provision of the Religious Freedom Restoration Act of 1993, 42 U.S.C. 2000bb et seq. (“RFRA”), permits litigants, when appropriate, to obtain money damages from federal officials sued in their individual capacities.
The case ...
by Douglas Ankney
In a December 2020 report in the libertarian magazine Reason, Bonnie Kristian presents a compelling case for legislation governing use of robots by police. She begins by comparing robots to the implementation and expanded use of SWAT units. A little over 50 years ago, SWAT teams ...
by Douglas Ankney
The U.S. Court of Appeals for the Fourth Circuit held that the phrase “reason to believe the suspect is within” in Payton v. New York, 445 U.S. 573 (1980), means that when police enter a third-party’s residence without a search warrant to execute an arrest warrant, ...
by Douglas Ankney
The U.S. Court of Appeals for the First Circuit ruled that the Government is barred – on double jeopardy grounds – from seeking the death penalty at the retrial of Alexis Candelario-Santana because the jury’s verdict that did not impose the death sentence at Candelario’s first trial ...
by Douglas Ankney
The U.S. Court of Appeals ruled that reasonable suspicion permitting police to conduct a traffic stop did not provide police with probable cause to open the car’s door and lean inside.
Officer Kolby Willmes spotted Malik Ngumezi’s vehicle parked at a gas station and observed that the ...
by Douglas Ankney
The Court of Appeals of New York reversed the decision of the appellate division that had affirmed a county court’s denial of Everett D. Balkman’s motion to suppress because the People’s evidence was insufficient to show the traffic stop was lawful.
Balkman was the passenger in a ...
by Douglas Ankney
The Supreme Court of Kansas clarified that state law does not require consent to search to be verbal and that nonverbal conduct may constitute consent under the totality of the circumstance.
Responding to a complaint of an odor of marijuana, officers Robert McKeirnan and Kelly Smith decided ...
by Douglas Ankney
In a case of first impression, the Supreme Court of Illinois held that a plea of guilty doesn’t bar a defendant from later asserting an actual innocence claim under Illinois’ Post-Conviction Hearing Act, 725 ILCS 5/122 et seq. (West 2016) (“Act”) and announced the procedural framework for ...
