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Articles by Douglas Ankney

Maine Supreme Judicial Court Vacates Conviction on Double Jeopardy Grounds

The Supreme Judicial Court of Maine vacated one of Ronald Paquin’s convictions for gross sexual misconduct on double jeopardy grounds and ordered the trial court to enter a judgment of acquittal on three additional counts.

Paquin served as the priest at the Roman Catholic Church in Haverhill, ...

Eleventh Circuit Vacates Firearm Conviction Based on Rehaif

Based on Rehaif v. United States, 139 S. Ct. 2191 (2019) (“Rehaif II”), the U.S. Court of Appeals for the Eleventh Circuit vacated Oniel Christopher Russell’s conviction of possessing a firearm and ammunition as an immigrant unlawfully in the U.S. in violation of 18 U.S.C. §§ ...

Washington Supreme Court: Defendant Detained for Search at Border Was ‘In Custody’ for Miranda Purposes

The Supreme Court of Washington determined that Alejandro Escalante was “in custody” and entitled to the warnings enunciated in Miranda v. Arizona, 384 U.S. 436 (1966), when he was detained for a search at the U.S.-Canada border.

Escalante and three friends were returning from a music ...

Missouri Shows Indifference to Human Life by Proceeding with Execution Amid Pandemic

The “Show Me” state showed indifference to human life by carrying out the death sentence of Walter Barton on May 19, 2020, at the state prison in Bonne Terre, Missouri. Neither the courts nor the governor would intervene.

Executions require interactions among large numbers of people. Court ...

Dogs Can Detect One-Billionth of a Teaspoon of Gasoline

According to a recent study from the University of Alberta, trained dogs can detect gasoline in trace amounts as small as one-billionth of a teaspoon (or 5 pico-liters). “During an arson investigation, a dog may be used to identify debris that contains traces of ignitable liquids — ...

FBI Provides Fitness App in Exchange for Users’ GPS Coordinates

During the coronavirus lockdown, the FBI is urging people to stay in shape by downloading its Fitness App. On March 23, 2020, the agency tweeted “download the FBI’s Physical Fitness Test app to learn proper form for exercises you can do at home like pushups and sit ...

Using Doctor-Prescribed Marijuana Could Send Some People Back to Prison

Melissa Gass is a wife and a mother of five children who suffers from seizures as a result of a car crash when she was 10 years old. The seizures occur weekly, sometimes daily. She suddenly feels a throbbing pain in the back, left side of her ...

Police Use of Robotic Technology Raises Civil Liberty Concerns

Fearing the potential abuse of robotics technology ...

Seventh Circuit: Defendant’s Statement Given to Pretrial Services Can’t Be Admitted to Impeach Witness at Trial

In a case of first impression, the U.S. Court of Appeals for the Seventh Circuit ruled that it is impermissible to admit a statement made by the defendant to Pretrial Services for the purpose of impeaching the testimony of a witness at trial.

In August 2014, Detective ...

California Court of Appeal Explains Procedural Requirements for Vacating Felony-Murder Conviction Via Section 1170.95 Petition

The Court of Appeal of California, Sixth Appellate District has explained the procedural requirements for adjudication of petitions filed pursuant to Penal Code § 1170.95.

In the middle of the night of June 14, 1991, John Lewis Drayton and three other men entered the Wards’ home with ...

 

 

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