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Articles by Douglas Ankney

South Carolina Supreme Court Rejects U.S. Supreme Court’s Shifting of Burden to Defendant to Prove Absence of Exigent Circumstances in DUI Cases

by Douglas Ankney

The Supreme Court of South Carolina rejected the U.S. Supreme Court’s ruling in Mitchell v. Wisconsin, 139 S. Ct. 2525 (2019), to the extent that Mitchell shifts to the defendant the burden to prove the absence of exigent circumstances to justify a warrantless blood draw.

Kathryn ...

Courts Oppose Prosecutors’ Attempts to Right Past Wrongs

by Douglas Ankney

Over the past 10 years, a growing number of reform-minded prosecutors has emerged across the U.S., seeking not only to reform current tough-on-crime practices but also to acknowledge mistakes of the past. For example, in 2018, the Wayne County prosecutor’s office opened a Conviction Integrity Unit (“CIU”) ...

Feds Ramp up Purchase of Riot Gear in Wake of COVID-19 Pandemic

by Douglas Ankney

In preparation for what may aptly be described as “Mad Max Meets COVID-19,” the federal government has submitted “expedited purchase orders” for disposable cuffs, gas masks, ballistic helmets, riot gloves, and other protective equipment for the federal police assigned to guard Veterans Affairs (“VA”) facilities.

According to ...

Army Veteran Serving Life Without Parole for Taking $9

by Douglas Ankney

Willie Simmons became addicted to drugs while in the Army and stationed abroad. In 1982, he was in Alabama and “in need of a quick fix.”

Simmons wrestled a man to the ground and took his wallet that contained nine dollars. Police arrested him a few blocks ...

Tenth Circuit Vacates District Court’s Order Sealing Plea Supplement, Explaining Local Court Rule Doesn’t Abrogate Common Law Right of Access to Judicial Records

Bacon pleaded guilty to multiple counts, including bank robbery. At issue in this appeal was ...

SCOTUS: Jury Verdicts Must Be Unanimous to Convict on Criminal Charges, Overruling Apodaca

by Douglas Ankney

The Supreme Court of the United States (“SCOTUS”) held that in jury trials of criminal cases the verdict must be unanimous to convict the defendant, overruling Apodaca v. Oregon, 406 U.S. 404 (1972).

Evangelisto Ramos was convicted of a serious crime in Louisiana by a jury ...

Michigan Supreme Court Announces that Duress May be Asserted as an Affirmative Defense to Felony Murder, Overruling Gimotty and Etheridge

In a case of first impression for the Supreme Court of Michigan, the Court announced that the affirmative defense of duress may be asserted in a prosecution for felony murder if such defense is available for the underlying felony, overruling People v. Gimotty, 549 N.W.2d 39 (Mich. ...

SCOTUS: Due Process Doesn’t Require States to Adopt a Specific Test for Determining Insanity

The Supreme Court of the United States (“SCOTUS”) determined that “no insanity rule in this country’s heritage was ever so settled as to tie a State’s hands centuries later” and held that Kansas did not violate due process by failing to “adopt an insanity test turning on ...

Second Circuit: Habeas Petition Not Moot Where It Attacked Inactive Original Order That Gave Rise to Current Active Order Restraining Petitioner’s Liberty

The U.S. Court of Appeals for the Second Circuit held that a habeas petition is not moot where it attacks an earlier order that is inactive but gave rise to a current active order restricting the petitioner’s liberty.

In December 2007, Steven Janakievski attacked a coworker with ...

SCOTUS: Knowledge that Driver’s License of Vehicle’s Registered Owner Was Revoked Provides Reasonable Suspicion to Initiate Traffic Stop

The Supreme Court of the United States (“SCOTUS”) whittled away at Fourth Amendment protections by holding that when a police officer has knowledge that the driver’s license of a vehicle’s registered owner has been revoked this gives rise to an inference that the driver is likely the ...

 

 

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