by Douglas Ankney
The Supreme Court of Michigan held that police must limit a search of digital data from a cellphone in a manner reasonably directed to uncover evidence of the specified criminal activity alleged in the warrant.
On August 6, 2016, Lisa Weber agreed to stay …
by Douglas Ankney
The Supreme Court of North Carolina held that a superior court abused its discretion when it flatly prohibited the defense’s questions during voir dire regarding racial bias and bias related to the shooting of Black men by police.
Police arrived at a parking garage …
by Douglas Ankney
The Texas Court of Criminal Appeals (“TCCA”) held that permitting a witness to testify via two-way video based on reasons that did not further an important public policy violated the rights of James Ray Haggard under the Confrontation Clause.
Haggard was tried on charges …
by Douglas Ankney
The U.S. Court of Appeals for the Fifth Circuit held that a district judge may not delegate to a probation officer the decision to require inpatient, rather than outpatient, treatment because of the liberty interests at stake.
Abran Martinez tested positive for cocaine use …
by Douglas Ankney
The Supreme Court of Nevada held that a district court abused its discretion when denying Jack Paul Banka’s motion to withdraw his Alford plea (North Carolina v. Alford, 400 U.S. 25 (1970)) where Banka wasn’t informed that his conviction carried a mandatory minimum …
by Douglas Ankeny
The Supreme Court of Texas announced the standard governing factual-sufficiency review of a finding that a person is a sexually violent predator (“SVP”).
In 2004, Jeffery Lee Stoddard pleaded guilty to two counts of aggravated sexual assault of a child. He was scheduled to …
by Douglas Ankney
Division Five of the First Appellate District of the California Court of Appeal held that Senate Bill No. 136 (“SB 136”) made unenforceable a plea agreement that contained a one-year prior prison enhancement.
Jeffrey Allan Joaquin was charged with: (I) premeditated attempted murder with …
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 …
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 …
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.
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